Acceptable Use Policy
General Terms and Conditions for Use of InfoGlobalData Data and Services
These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any marketing or email data or services provided by InfoGlobalData or its affiliated companies (“InfoGlobalData”), which data or services are referred to collectively as the “Data.”
2. Limited License.
Upon your execution of the Agreement and the payment of all amounts due InfoGlobalData, you are granted a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by InfoGlobalData, either
3. Limitations on Use.
4. Your Responsibilities; Use of Email Data; Review and Audit by InfoGlobalData.
5. Disclaimer of Warranties; Limited Warranty.
The data is provided on a strictly “as is” basis. InfoGlobalData does not assure or warrant the correctness, comprehensiveness or completeness of the data and, except as provided in the next sentence, InfoGlobalData 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 InfoGlobalData of any problems or mistakes in the data and if you so notify InfoGlobalData within that 14-day period, the problem or mistake will be corrected at no additional charge to you.
6. Limitation of Liability.
Except as provided in the last sentence of Section 5, InfoGlobalData will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by InfoGlobalData to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether InfoGlobalData was advised of the possibility of such damages. InfoGlobalData’s maximum liability under the last sentence of Section 5 will not exceed the amount you paid InfoGlobalData under the Agreement within the 12 months preceding the event which gave rise to InfoGlobalData’s liability.
7. Your Indemnification of InfoGlobalData.
You shall indemnify, defend and hold harmless InfoGlobalData, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
8. Interruption of Service.
You acknowledge that, given the technical nature of resources InfoGlobalData requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in InfoGlobalData having any liability to you or others and shall not suspend or eliminate your payment obligations to InfoGlobalData or provide you with any refund rights for amounts previously paid to InfoGlobalData.
9. No Assignment by You.
You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of InfoGlobalData, whether by operation of law or otherwise, and any attempt to do so shall be void.
10. Additional Remedy of Termination.
In addition to all other legal rights and remedies available to InfoGlobalData for any apparent, threatened or actual breach or violation of the Agreement by you, InfoGlobalData has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if InfoGlobalData believes you are not complying in full with the Agreement.
11. Governing Law; Jurisdiction.
The Agreement shall be governed by and construed under the laws of the State without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
12. Payment for Non-Invoiced Products.
13. Entire Agreement; Amendment or Waiver.
The Agreement contains the entire understanding between you and InfoGlobalData and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and InfoGlobalData. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
14. Execution; Counterparts.
The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.