Terms & Conditions
Use emailUSA.com® Data & Services
The following terms and conditions are intended to inform emailUSA.com® customers of the general responsibilities and conditions that apply to any data, marketing or other services purchased from emailUSA.com®. Individual agreements may vary.
General Terms & Conditions
A. Ownership and License
- Purchaser acknowledges that all products and services purchased from emailUSA.com® are property of emailUSA.com®. By purchasing products and services from emailUSA.com®, 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 emailUSA.com®, 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 emailUSA.com®.
- Unless your license agreement specifically allows for re-selling the products and services purchased from emailUSA.com®, purchaser agrees they will not share, transfer or re-sell the products and services with any third party, other than one who is bound to confidentially assist in providing business services to your company.
- Products and services will be used in accordance with all state, federal and local laws, including those which protect consumers in credit-granting, employment or insurance underwriting decisions. All products and services are to be used in strict adherence with the Fair Credit Reporting Act. Learn more about the FTC (Federal Trade Commission) Fair Credit Reporting Act.
- emailUSA.com® reserves the right to review how you use our data to ensure your compliance with this Agreement. However, any failure of emailUSA.com® to review your usage will not imply acceptance of such use or constitute the emailUSA.com® waiver of any rights or limit any of the user’s obligations with respect to the Agreement or data’s usage. emailUSA.com® may audit your records at any time, with at least a 3 days’ notice, to determine if you are in compliance with this Agreement. Upon notification of requested audit, you will make available to emailUSA.com® or its representatives all records associated with this Agreement and data usage to conduct such an audit.
C. Responsibilities Specific to Email Marketing
When you purchase email data from emailUSA.com®, 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 Association of National Advertisers (formally the DMA) ANA Ethical Business Guidelines for the use of email marketing.
- In addition to the ANA guidelines, email marketers in the United States can refer to the Federal Trade Commission’s CAN-SPAM Compliance Guide for Businesses on creating and maintaining compliant online marketing campaigns. Do your marketing activities comply with the Law? Here some Candid Answers On CAN-SPAM Questions.
D. Exclusive Limited Time Warranty
emailUSA.com® 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 emailUSA.com® of any problems or mistakes. If emailUSA.com® has made a verifiable mistake, we will make every reasonable effort to correct the mistake at no additional charge to the purchaser. emailUSA.com® entire liability shall be limited to the amount paid to us under the executed agreement between emailUSA.com® and the purchaser.
E. Relationship of the Parties
This Agreement does not create a joint venture or partnership between emailUSA.com® 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.
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.
G. 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.
Purchaser shall indemnify, hold harmless and defend emailUSA.com® 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.
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.
J. 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).