Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR USE OF Email DB Pro MATERIALS
In
this agreement (the "Agreement"), the words "you" and "your" refer to
the party utilizing the Email DB Pro Materials and the term "Email DB
Pro Materials" refers to any Materials or services (including, but not
limited to data, research and reference materials) provided by Email DB
Pro and/or its affiliated companies.
All of our Email Lists and
Mailing Lists are considered Opt-In. They were collected from opt-in web
forms, phone calls, trade shows, public surveys where the recipient
gave their email address and contact information. Sending to our lists
is completely legal as long as the CAN SPAM act is followed.
YOUR RESPONSIBILITIES:
Except to the extent specifically authorized in writing by Email DB
Pro, a) you will not use any Email DB Pro Materials for consumer credit
purposes, consumer insurance underwriting, employment purposes, tenant
screening purposes, or for any other purpose(s) covered by the federal
Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or any similar
statute or regulation; b) you shall not name Email DB Pro or its
affiliated companies or refer to the use of Email DB Pro Materials in
any advertisements, promotional or marketing material; and c) you shall
indemnify and hold harmless Email DB Pro, its affiliated companies and
their respective officers, employees and agents ("Indemnified Parties")
against any loss, liability, damage, cost or expense (including, but not
limited to, reasonable attorneys' fees and legal costs) suffered or
incurred by any Indemnified Party, arising out of or in any way related
to your use of the Email DB Pro Materials or the breach of this
Agreement.
COMPLIANCE MONITORING AND ENFORCEMENT:
It is an express condition of this Agreement that in using the Email DB
Pro Materials: a) you and any authorized users shall fully comply with
the terms of this Agreement and all applicable federal, state, foreign
and local statutes and regulations, including, but not limited to, laws
and regulations regarding telemarketing, email, fax marketing, customer
solicitation and privacy; and b) you and any authorized users shall
comply with all applicable Canadian Marketing Association ("CMA")
guidelines and Direct Marketing Association ("DMA") guidelines, if you
or your authorized users are CMA or DMA members. If you or your
authorized users are not CMA or DMA members, you and your authorized
users are encouraged to comply with all applicable CMA and DMA
guidelines; and c) that you and any authorized users shall comply with
the Canadian Radio-Television & Telecommunications Commission’s
regulations regarding the use of Automatic Dialing-Announcing Devices
and Conditions for Unsolicited Live Voice and Facsimile Calls for the
Purpose of Solicitation as amended from time to time. Email DB Pro is
not responsible for your compliance with the Do Not Call laws or FCC
regulations. As much as we make every effort to ensure our leads are
within the Do Not Call and FCC legal guidelines, the responsibility to
remain compliant with the Do Not Call and FCC laws is yours. Do Not Call
laws like many other laws will be updated periodically. You are
responsible to ensure that your use of our leads and lists is legal and
appropriate under any Federal, FCC or State Do Not Call laws that apply.
You should contact your own legal counsel if you are at all unsure
about the Do Not Call legislation and how it affects your use of our
leads and lists. Email DB Pro further reserves the right to review
materials to be used by you in promotions to ensure that your use of the
Email DB Pro Materials is both appropriate and in accordance with the
permitted uses of the Email DB Pro Materials; however, Email DB Pro’
failure to review any such materials shall not constitute Email DB Pro’
acceptance of the materials or in any other way waive any rights Email
DB Pro may have or limit any obligations you may have with regard to the
use of the Email DB Pro Materials. Email DB Pro may also randomly
monitor (through seeding and other means) your use of the Email DB Pro
Materials to ensure that your use is in accordance with the permitted
uses of the Email DB Pro Materials. It’s not allowed to resell any of
our products. You are prohibiting from attempting to interfere with the
proper functioning of this website. You are prohibited from forging any
email addresses or contact information. You are responsible for all
damages and costs resulting from these actions in any way and from any
illegal actions involving the web site of emaildbpro.org. While
emaildbpro.org employs the use different filters and techniques to
ensure that spam traps and malicious user records are filtered out, we
are not responsible for any damages incurred by the inclusion of spam
traps, or any malicious user records, in any database sold, delivered
to, or leased under this agreement. In some products at our website,
you'll see "data accuracy guarantee ratios". According to this data
guarantee policy, our promise is to provide the data records within the
accuracy ratio level. If you find lower than this accuracy ratio, you
have to send us the invalid records and we'll review and test these
records on our side. After we review the records, we'll send you new
records as compensation for free for the invalid records that we'll
find. The new records may be for the same category or other category of
data records. Purchaser will use the Services only in compliance with
all applicable local, state, federal and international laws, rules,
regulations and ordinances, including, but not limited to, laws and
regulations promulgated by the Office of Foreign Assets Control,
applicable trade sanctions and export restrictions, and all applicable
laws and regulations regarding telemarketing, commercial e-mail (for
example: CAN-SPAM), customer solicitation (including fax and/or direct
mail solicitation), data protection and privacy.
LIMITATION OF LIABILITY:
All Email DB Pro materials are provided on a strictly "as is" basis.
You expressly agree that use of the services is at your own risk. You
expressly agree that Email DB Pro shall not be liable for losses,
damages, or injuries of any kind, including but not limited to general,
direct, special, incidental, and/or consequential damages caused in
whole or in part by the use of the Email DB Pro materials whether such
damages are asserted in an action brought in contract, in tort or
pursuant to some other theory and whether the possibility of such
damages was made known or was foreseeable or should this limited
warranty fail of its essential purpose. In no event shall Email DB Pro's
entire liability exceed the total amount you paid to Email DB Pro under
this agreement.
GENERAL:
(a) The terms and
conditions set forth in this Agreement, along with any additional terms
which may be provided which relate to the specific Email DB Pro
Materials provided constitute the entire agreement between you and Email
DB Pro on the subject matter. Any additional or different terms or
conditions in any other document, including without limitation any of
your purchase orders, shall be of no effect.
(b) This policy may be amended from time to time at the discretion of Email DB Pro.
(c)
Without limiting any other remedies it may have at law or in equity,
Email DB Pro reserves the right to terminate this Agreement immediately
without further notice if Email DB Pro has reason to believe Customer is
not complying with this or any other express condition of use.
DISCLAIMER:
Email
lists has been collected with the consent of users. The data is
provided on a strictly “as is” basis. Emaildatapro does not assure or
warrant the correctness, comprehensiveness or completeness of the data
and, except as provided in the next sentence, emaildatapro disclaims any
and all warranties of any nature, express or implied, including any
warranties of merchantability or fitness for a particular purpose. You
have 14 days from your receipt of the data to inspect it and notify
infogroup of any problems or mistakes in the data and if you so notify
infogroup within that 14-day period, the problem or mistake will be
corrected at no additional charge to you.