Terms & Conditions
Use DatabaseUSA LLC Data & Services
The following terms and conditions are intended to inform DatabaseUSA, LLC (hereafter DatabaseUSA) customers of the general responsibilities and conditions that apply to any data, marketing or other services purchased from DatabaseUSA. Individual agreements may vary.
General Terms & Conditions
OWNERSHIP AND LICENSE
- Purchaser acknowledges that all products and services purchased from DatabaseUSA are property of DatabaseUSA. By purchasing products and services from DatabaseUSA, you are granted a license to use the products and services on a limited basis, as outlined in the order documentation for the purchase.
- When you purchase products or services from DatabaseUSA., you will execute an agreement that specifies the terms of your license to use the products and services, including a term and acceptable uses which generally include marketing, prospect research or other types of analytics.
- Upon expiration or termination of the license, customer will return, destroy or otherwise cease use of the purchased products. Customer agrees to provide a written affidavit as to the methods used to permanently delete the products or services at the request of DatabaseUSA.
USE
- Purchaser acknowledges that all products and services purchased from DatabaseUSA are property of DatabaseUSA. By purchasing products and services from DatabaseUSA, you are granted a license to use the products and services on a limited basis, as outlined in the order documentation for the purchase.
- When you purchase products or services from DatabaseUSA, you will execute an agreement that specifies the terms of your license to use the products and services, including a term and acceptable uses which generally include marketing, prospect research or other types of analytics.
- Upon expiration or termination of the license, customer will return, destroy or otherwise cease use of the purchased products. Customer agrees to provide a written affidavit as to the methods used to permanently delete the products or services at the request of DatabaseUSA.
RESPONSIBILITIES SPECIFC TO EMAIL MARKETING
When you purchase email data from DatabaseUSA, it is the purchaser’s responsibility to ensure that all data is used strictly for lawful purposes and in compliance with all applicable state and federal laws within the United States, and in compliance with any and all applicable jurisdictional laws, if used outside the United States.
- Such laws include, but may not be limited to, the CAN-SPAM Act of 2003, registries which may be required for doing business or marketing online in a particular state, various do-not-contact registries that may be maintained by a particular jurisdiction and/or the Child’s Online Privacy Protection Act (COPPA 1998, 2000).
We recommend that email marketers adhere to the guidelines of the Association of National Advertisers (ANA) (Formally the DMA) for the use of email marketing:
Compliance Resources | Learn more
Digital Compliance | Learn more
DMA Ethical Guidelines | Learn more - In addition to the ANA guidelines, email marketers in the United States can refer to the Federal Trade Commission, and the Small Business Association for comprehensive guidelines on creating maintaining compliant online marketing campaigns.
CAN-SPAM Act: A Compliance Guide for Business
EXCLUSIVE LIMITED TIME WARRANTY
DatabaseUSA hereby warrants to purchaser that it has obtained all data in a legitimate and lawful manner and that we will use commercially reasonable efforts to confirm that all products and services comply with federal and state laws regarding such information. Databases provided by licensor are compiled information from publicly available sources, the accuracy of which cannot be guaranteed.
Therefore, all databases are provided “as-is” without warranties of any kind. Purchaser will have a limited amount of time after receipt of the data products/services to inspect same and notify DatabaseUSA of any problems or mistakes. If DatabaseUSA has made a verifiable mistake, we will make every reasonable effort to correct the mistake at no additional charge to the purchaser. DatabaseUSA entire liability shall be limited to the amount paid to us under the executed agreement between DatabaseUSA and the purchaser.
RELATIONSHIP TO PARTIES
This Agreement does not create a joint venture or partnership between DatabaseUSA and the purchaser. Each will act independently of the other. Neither will publicly reference the business relationship without express written consent of the other party.
SEVERABILITY
If any provision of this Agreement will be determined to be unlawful or unenforceable by a duly appointed arbiter or by a court of competent jurisdiction, then such provision will be deemed amended to conform with applicable laws or regulations or, if it cannot be so amended without materially altering the intention of the Parties, it will be stricken from this Agreement and every other provision of this Agreement will remain in full force and effect.
GOVERNING LAW
This Agreement shall be governed and construed and enforced in accordance with the law of the State of Nebraska, without regard to its conflict of laws principles.
INDEMNIFICATION
Purchaser shall indemnify, hold harmless and defend DatabaseUSA against all damages, liability or expense attributable to any claim arising out of any breach of the agreement by purchaser. This includes, but is not limited to, any claim of infringement of any patent, trade mark, copyright, or intellectual property right caused by Licensee’s provision of the Data in accordance with this Agreement.
WAIVER
No provision of this Agreement shall be considered to have been waived by either Party unless in writing signed by an officer of the Party to be bound by the waiver. No waiver will prevent either Party from requiring compliance with this Agreement as to other provisions or occasions.
BINDING ARBITRATION
Parties agree to submit any and all claims, demands, disputes, controversies, or causes of action, arising out of or relating to this Agreement, (Individually and collectively “Claims”), to binding arbitration before the American Arbitration Association (AAA).
To find out more information regarding our Terms & Conditions call (877) 831-0101.