datamay not be perfect, but you will be 100% satisfied on our guarantee.
The terms and conditions of
this agreement shall be deemed incorporated by reference into any
schedule hereto or order for data referring to this agreement
identifying the target data and such other additional terms and
conditions as the parties may agree, including pricing.
eBusiness Prospects is engaged in the publishing, writing, manufacture,
distribution, reselling and licensing of proprietary databases and
providing related marketing services, and has the rights to do so, and
whereas, CLIENT desires to use such services to add data to its house
file on the terms and conditions set forth herein. Now therefore
in consideration of the premises set forth mutual promises, agreements
and conditions stated herein, the parties agree as follows:
|Unless you have purchased one of the
eBusiness Prospects Services, the contents of the Site are intended for
your personal, noncommercial use only.
|eBusiness Prospects may impose limits on certain
features and functionality or restrict your access to parts or all of
our service offerings without notice or liability.
|The Site contains proprietary notices and copyright
information, the terms of which must be observed and followed.
|eBusiness Prospects information may be inaccurate and
we may make mistakes when extracting the information.
|eBusiness Prospects may change, suspend or discontinue
any aspect of services at any time, including the availability of any
Site feature, database, or content.
| You agree to comply with all federal and state laws
in the use of any of the data obtained through the Site, specifically
including, but not limited to, email addresses
The following terms
of usage represent a legal agreement between you and eBusiness
Prospects. By accessing or using the eBusiness Prospects information
you acknowledge that you have read, understood, and agree to be bound
by these Terms and to comply with all applicable laws and regulations.
If you agree to these Terms, you are granted a non-exclusive,
non-assignable and non-transferable license to use our information only
under these Terms and conditions of use. If you do not agree to these
Terms, you have no right to use our information.
|Our information may be used only by you if
you agree to be bound by these Terms, and you may not rent, lease,
sublicense or transfer the information or any data residing on it or
any of your rights under this agreement to anyone else. You may not
develop or derive for commercial sale any data in any form whatsoever
that incorporates or using our information. Except with the prior
written consent of eBusiness Prospects no data that resides may be
transferred or made available by you to any person or entity. Violation
of this limitation on use shall result in immediate termination service
and grounds for legal action against you. Use can be made for
commercial purposes only after payment of eBusiness Prospects standard
fees for one or more eBusiness Prospects Services (call 888-797-0751)
for more details).
|We guarantee that 80% deliverability of the custom
list, Email appending provided with this agreement will be accurate and
50% deliverability on our Stand alone Lists
lists. The Warranty will be limited to provision of additional records.
We hereby disclaim all express or implied warranties, including the
implied warranties of merchantability, fitness for a particular
purpose, correctness, quality, accuracy, completeness or reliability,
for any data or service provided hereunder.
|In no event shall we be liable for direct, indirect,
special, exemplary, consequential, incidental, or punitive damage or
loss for any claim or cause of action related to or arising out of this
agreement or the services performed hereunder. Our liability at all
times will be limited to the purchase price paid by the client minus
any delivery expenses incurred by us.
|You agree that it is your responsibility to understand
and comply with all federal, state, and local laws, rules, and
regulations including do not call and do not fax regulations. You agree
to indemnify and hold eBusiness Prospects and its subsidiaries harmless
against all claims related, in whole or in part, to your failure to
comply with such laws, rules, and regulations. For the purpose of
resolving any dispute in any way related to your use of the
information, or these terms and conditions, the state and federal
courts located in California shall have exclusive jurisdiction. You
agree that such courts represent â€œconvenient and
appropriate forums for this purpose
|F. The CLIENT Records, the Email addresses, the
Matched Records and all other information (collectively, the
"Confidential Information") will remain confidential and will not be
resold by the client.
|eBusiness Prospects compiles its databases from
various sources and where appropriate verifies the information.
eBusiness Prospects cannot and does not assume any liability for the
correctness or comprehensiveness of the information. You will have 30
days after purchasing the information to inspect and notify eBusiness
Prospects of any operational problems or material mistakes with regards
to the information. If eBusiness Prospects is notified of an
operational problem or material mistake within 30 days from the date of
your purchase then eBusiness Prospects will correct the problem or, in
its sole discretion, provide additional records if needed relating to
the materially mistaken information. This warranty is a limited
warranty and eBusiness Prospects makes no other warranties, express or
implied, including without limitation, any express or implied
warranties of merchantability or fitness for a particular purpose. In
no event shall eBusiness Prospects be liable for lost profits,
consequential, incidental, or special damages, or other claims of a
similar nature. If this limited warranty should fail of its essential
purpose, and in all other cases, eBusiness Prospects entire liability
shall be limited to the amount actually received by eBusiness Prospects
on account of your purchase.
| CLIENT will pay us prior to purchase of the list or
provision of Marketing Services