Internet Sales/Billing/Refund Policy/Data Disclaimer/Terms and Conditions of Service
Legal
The page includes our Terms of Service, Billing, Refund Policy, Data & Email Disclaimer and License Agreement.
TERMS OF SERVICE
This a contract. By using this website and its content, including information, reports, images, products and data (collectively the 'Services'), you agree to be bound by these terms. These Terms of Service contain an agreement to arbitrate all claims as well as disclaimers of warranties and limitations of liability. These provisions from an essential basis of our bargain. Please read terms carefully. If you do not agree to these terms of service, do not access or use this website or related data services.
IMPORTANT NOTICE TO USER -- PLEASE READ THE INFORMATION CAREFULLY by accessing CDLData.com and affiliated companies you are agreeing to its terms of service. I hereby agree this License Agreement ("Agreement") accompanies any account set-up documentation which you may receive, any and all reports or lists obtained from the website providing the Services and the data contained within the lists and reports (collectively, the "Services"). The data and service partners who collectively provide you with these Services (collectively, "Service Provider") grant you ("Customer") a limited, non-exclusive, non-transferable license to use the Services, provided you accept the following terms on behalf of the company entered into the registration information. Further, by accepting this Agreement and using the Services, you, as Customer acknowledge and confirm that (1) you are an individual or entity whose primary, day to day business, for which it is legally authorized or licensed to conduct, is any one of the following: real estate brokerage, builder/developer, 1031 Exchange company, attorney/law firm participating in real estate closing process, mortgage originator and/or mortgage servicing institution, and (2) you shall use the Services solely as expressly detailed under Section 3 (Permitted Uses) in the normal course of conducting your business. Also, by your registration, and typing a 4 and/or five digit code, you are agreeing to all terms of service herein for all CDLData.com Companies and affiliates. Namely, CDLData.com, My Zip Code Farm, Market 2 Homeowners. User Registration (Customer) is mandatory for all services or products, to ensure verification, security and agreement of all our terms of service.
Registration- Permission to Accept this Agreement
By registering with CDLData.com, you understand and agree you have established a business relationship between you and CDLData.com. I hereby agree this agreement (the "Agreement") applies to any 'Registration' and ALL 'Credit Card' transaction submitted for the purchase of products ("Product" or "Products") sold by CDLData.com, and its affiliates. By your registration and/or accepting delivery of A Product, you accept and agree to be bound to the provisions of this Agreement and Terms of Service. All Product and Services are sold ‘as is” without warranties or guarantees and due to the nature of this Product or Products all sales are final and non-refundable. CDLData.com and affiliated companies does not issue refunds on completed orders - ALL SALES ARE FINAL and NON-REFUNDABLE. ALL PRODUCTS AND SERVICES SOLD 'AS IS' WITHOUT ANY WARRANTIES OR GUARANTEES.
Payment Terms
I hereby agree 'Terms of Payment' for the Product or Products are within CDLData.com, sole discretion and payment must be received by CDLData.com, prior to acceptance of an order. Payment for ALL Products Packages will be made by credit card as follows:
Mortgage List Package – I hereby 'AGREE' and authorize CDLData.com, Inc., to bill my credit card, 1st and last payment required with activation ($198.00). 2nd, I hereby agree and authorize CDLData.com, to be bill my credit card $99.00 per month and continues on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form.
Premium Data Package – I hereby 'AGREE' and authorize CDLData.com, to bill my credit card, 1st and last payment required with activation ($398.00). 2nd, I hereby agree and authorize CDLData.com, to be bill my credit card $199.00 per month and continues on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form. IMPORTANT NOTICE-PREMIUM PACKAGE IS NOT DESIGNED FOR BULK DATA REQUEST. CDLData.com RESERVES THE RIGHT TO EXCLUDE ANY TYPE OF REQUEST DEEMED TO BE A BULK DATA REQUEST.
Hidden Treasures – I hereby 'AGREE' and authorize CDLData.com, to bill my credit card, 1st and last payment required with activation ($398.00 for Entry Level, $798.00 for Mid Level, or $1500.00 for Enterprise Level) per month per zip code plus a $3.00 handling fee. 2nd, I hereby agree and authorize CDLData.com, to be bill my credit card ($199.00 for Entry Level, $399.00 for Mid Level, or $750.00 for Enterprise Level) per month per month per zip code plus a $3.00 per month handling fee and continues on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form.
Single Purchase Only - I hereby agree and authorize CDLData.com to bill by credit card a one-time charge for products or services ordered online applicable to posted rates and charges on website plus a $3.00 handling fee. My online registration, submission of credit card information at one of the CDLData.com, web sites and accepting delivery of a product or service, I accept and agree to be bound to the provisions of this agreement and Terms of Service.
Our 'Cancellation Policy' is a two (2) step process to ensure we receive you cancellation notice.
I understand and AGREE and authorize CDLData.com to bill my credit card each month and continue on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form.
Please note: If your billing date falls within the 30 days prior written notification you credit card will be billed. It is the customer’s responsibility to verity written email cancellation receipt of termination sent to CDLData.com and affiliates. Due to the nature of our Product or Products all sales are FINAL AND NON-REFUNDABLE. ALL PRODUCTS AND SERVICES SOLD 'AS IS' WITHOUT ANY WARRANTIES OR GUARANTEES.
Internet Sales – Billing/Refund Policy/Data Disclosure/Terms of Service.
I understand and AGREE CDLData.com has clearly posted their Refund, Return, Service Cancellation Policies and Terms of Service before I the cardholder made any purchase decision.
I understand and AGREE CDLData.com disclosed before any credit card purchase its ‘Refund Policy and Cancellation Policy’ and required me the cardholder to select a ‘Click-to-Accept’ or 'I AGREE' button to acknowledge the polices.
I understand and AGREE CDLData.com the terms and conditions of the purchase were displayed on the same screen view as the checkout screen used to present the total purchase amount or within the sequence of website pages the cardholder accesses during the checkout process.
I understand and AGREE that submitting an online registration and clicking 'I AGREE' and submitting online credit card purchase for products or services from CDLData.com is a binding agreement per terms of service.
I understand and AGREE registering online at www.CDLData.com, signing my name in full and clicking on the ‘I AGREE’ button I have read and 'AGREE' to Terms of Service.
I understand and AGREE confirm that my ‘Registration’ and ‘Submission of Credit Card’ information at CDLData.com and affiliate companies and ‘Accepting’ delivery of a ‘Product or ‘Products and clicking I ACCEPT and I AGREE to be bound to the provisions of this ‘Agreement and Terms of Service’.
I understand and AGREE DUE TO THE NATURE OF THIS DATA ALL SALES ARE FINAL AND NON- REFUNDABLE.
I understand and AGREE CDLData.com products/services are digitally delivered; we therefore have a strict NO REFUND POLICY.
I understand and AGREE if there is a problem with one of the digital download products/services or if you experience any difficulty with its download, we will fix the problem.
I understand and AGREE if we don’t have enough records for the digital data download we will issue you a data credit on future data request-NO MONETARY REFUND.
I understand and AGREE and authorize CDLData.com. to charge my credit card in full for any products purchased from CDLData.com & its affiliate sites. I further affirm that the name and personal information provided on this form are true and correct.
I understand and AGREE I have read and accept CDLData.com ‘Terms of Service’ as published herein and on the web site www.CDLData.com.
I understand and AGREE that I must register first By placing an order from CDLData.com.
I understand and AGREE to pay CDLData.com in full.
I understand and AGREE that I will be held fully responsible for this charge and I understand that CDLData.com will apply a charge back fee to my account in the amount of $50.00 should I initialize a charge back with my credit card issuer to reverse payments without CDLData.com permission and I agree to pay this fee if this occurs. Accounts billed monthly to credit card on file.
I understand and AGREE the initial term of service commences on the effective date of online registration and receipt initial payment received.
I understand and AGREE all monthly packages are ‘Single User Accounts’. 1st & Last payment due with activation. I hereby 'AGREE' and authorize CDLData.com to bill my credit card, 1st and last payment required with activation for package selected.
I understand and AGREE and authorize CDLData.com., to be bill my credit card each month and continue on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by submitting a cancellation form from website and call 866-377-4599.
I understand and AGREE the ‘Cancellation Policy is a two (2) step process to ensure we receive you cancellation notice. #1. You must submit a cancellation form to cancel your services. #2. You must phone our customer service at 866-377-4599 to ensure we received your cancellation request and acknowledge the same. If your billing date falls within the 30 days prior written notification your credit card will be billed.
I understand and AGREE by registering, submitting a request, processing your order and submitting your contact and credit card information is a binding purchase contract. This has been done to protect the integrity of our databases from fraudulent activity and those who are looking to steal our data. Data is sold ‘as is’ without warranties or guarantees. I hereby agree and represent that I am buying data only for my own internal use and not for resale, re-license or redistribute the services in whole or in part without the prior written consent of Market Live/CDLData.com.
I understand and AGREE ALL completed orders will be uploaded to my online data folder only with a completed registration form, completed order form and payment.
I understand and AGREE that CDLData.com DO NOT GUARANTEE any type of response of successful response on any e-mail campaigns.
I understand and AGREE Phone numbers are given as is, and have not been scrubbed by the DoNotCall List. PHONE NUMBERS ARE NOT GUARANTEED.
I understand and AGREE the use of CDLData.com – Model Credit Data solely for a single use for one of the following purposes: (i) direct mail; (ii) conducting telephone solicitations; or (iii) conducting telephone or direct mail surveys. In addition, you may utilize a list for your internal marketing analysis.
I understand and AGREE not to use CDLData.com – Model Credit Data directly and/or indirectly or reference any type of Mortgage Late directly to the Consumer without written prior consent of said Consumer in any (i) direct mail; (ii) conducting telephone solicitation; or (iii) conducting telephone or direct mail surveys.
I understand and AGREE any contact either written and/or spoken with a consumer as a direct result of CDLData.com – Model Credit Data is purely informational use only regarding your products and services.
I understand and AGREE CDLData.com and affiliate companies exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We (CDLData.com and affiliate companies) shall have no liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
OUR DATA SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. OUR DATA SERVICES ARE BASED UPON PUBLIC RECORD DATA, SUBJECT TO FREQUENT CHANGE. CDLData.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. OUR DATA SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER’S OWN RISK. CDLData.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER’S USE OF THE SERVICES. ALL SALES ARE FINAL AND NON-REFUNDABLE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
Third Party Services - Credit Data
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
License Agreement - Terms and Conditions
CDLData.com License Agreement ("Agreement") accompanies the CDLData.com online registration form ("CDLData.com"), the direct marketing lists obtained from CDLData.com and the data contained within the direct marketing lists (collectively, the "Services"). CDLData.com grants you ("Customer") a limited, non-exclusive, non-transferable license to use the Services, provided you accept the following terms on behalf of the company entered into the registration information:
1. Property.
The Services and all intellectual property rights therein are owned by CDLData.com. No ownership rights are granted by this Agreement and, except for the limited license provided, CDLData.com reserves all rights in and to the Services and all underlying data compilations and information contained therein, including but not limited to the exclusive intellectual property rights and the right to grant further licenses. Customer acknowledges that the Services are the proprietary property of CDLData.com and are a valuable commercial product, the development of which involved an expenditure of substantial time and money by CDLData.com.
2. Permitted Use.
The Services are solely for use within Customer's own organization by Customer's own employees. Customer shall be permitted to use the Services solely for Customer's own internal direct marketing purposes. Customer may use each address or telephone number connected to a given property one (1) time only for direct marketing activities, including but not limited to: promoting, marketing, surveying or soliciting by Customer, by way of telemarketing, email marketing, any other advertising or promotional materials, such as flyers, pamphlets, brochures, mailers, video or audio tapes or electronic mail, whether in print or other media.
3. Restrictions on Use.
Both during and after the term of this Agreement, Customer agrees as follows:
(a) Customer shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted in this Agreement, (ii) permit any parent, subsidiary, other affiliated entity or other third party, including any third party entity involved in a joint marketing arrangement with Customer, to use the Services or any portion thereof, (iii) grant access to the Services, or any portion thereof, to individuals incarcerated in prisons or correctional institutions, (iv) allow access to the Services through any terminal located outside of Customer's operations, (v) use the Services outside the United States.
(b) Customer shall not: (i) resell, re-license or redistribute the Services in whole or in part without the prior written consent of CDLData.com, (ii) use the Services to create any derivative products, (iii) use the Services to create, enhance or structure any database in any form for resale or distribution, (iv) process or permit to be processed the Services or any portion thereof, with other data from any other source, (v) merge or incorporate the Services with any other file, (vi) use the Services to enhance a file or list owned by any third party, (vii) use the Services to develop any list, enhancement or product, or (viii) use the Services to prepare, publish, clean or maintain any directory.
(c) Customer shall (i) comply with the published guidelines of the Direct Marketing Association, other applicable industry guidelines, and all federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions regarding the use, storage and dissemination of data such as the Services, (ii) abide by all prevailing federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, including but not limited to those governing fair information practices and consumers' rights to privacy, and any applicable non-solicitation laws and regulations; (iii) limit access to consumer information to those individuals who have a "need to know" in connection with Customer's business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices and consumers' right to privacy; (iv) abide by CDLData.com' privacy policies and Customer's own privacy policies; and (v) use the Services in a manner that gives due consideration to matters concerning privacy.
(d) Customer understands that the data has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Customer shall not use the Services (i) as a factor in establishing an individual's eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the Services to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (vi) in any other manner that would cause such use of.
(e) CDLData.com - Late Data
The following terms and conditions apply to Your use of any of the CDLData.com - Late Data :
- CDLData.com late data is a proprietary.
- You shall use CDLData.com - Late Data solely for Your internal use only and direct marketing purposes.
- You shall not use CDLData.com - Late Data directly and/or indirectly or reference any type of Late directly to the Consumer without written prior consent of said Consumer in any (i) direct mail; (ii) conducting telephone solicitation; or (iii) conducting telephone or direct mail surveys.
- You acknowledge that any contact either written and/or spoken with a Consumers as a direct result of CDLData.com - Late Data is purely informational.
(f) Customer shall be solely responsible for maintaining the confidentiality of all usernames and passwords used by its employees and Customer shall be responsible for all use and fees associated with accessing the data with the password, whether or not authorized by Customer
(g) Customer shall not use the Services for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (ii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
(h) Customer shall not remove, alter or obscure any proprietary notices in the Services and will reproduce all such notices on all copies or portions thereof.
(i) Customer shall not refer to any selection criteria or any presumed knowledge about the consumer being contacted in any direct mail solicitation, telephone solicitation or survey.
4. Fees.
In consideration of the rights granted to Customer hereunder, Customer shall pay to CDLData.com the fees stated within the Services. By submitting an order to CDLData.com, Customer authorizes CDLData.com to charge the credit card entered into CDLData.com by Customer for the Services at the fees stated within the Services. Fees are exclusive of use, ad valorem, personal property, and other taxes, which are the responsibility of Customer. CDLData.com shall charge Customer applicable sales tax, and Customer shall be responsible for filing all other taxes. CDLData.com reserves the right to change the fees for the Services at any time. Additional charges may apply for training users at Customer locations. Customer shall provide all Internet connectivity, hardware and software necessary to access CDLData.com.
5. Term and Termination.
The initial term of this agreement commences on the effective date of registration and initial payment received, and continues on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by email to info@CDLData.com and call 866-377-4599.
Our 'Cancellation Policy' is a two (2) step process to ensure we receive you cancellation notice.
I understand and AGREE and authorize CDLData.com to bill my credit card each month and continue on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form.
Please retain our confirmation email to avoid any post cancellation billing problems. Please note: If your billing date falls within the 30 days prior written notification you credit card will be billed. It is the customer’s responsibility to verity written email cancellation receipt of termination sent to CDLData.com and affiliates. Due to the nature of our Product or Products all sales are FINAL AND NON-REFUNDABLE.
ALL PRODUCTS AND SERVICES SOLD 'AS IS' WITHOUT ANY WARRANTIES OR GUARANTEES.
If either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within five (5) days following such notice. Upon termination of this Agreement by either party, Customer, at its own expense, shall return all Services to CDLData.com or certify that the Services have been destroyed within ten (10) business days of termination, and any amounts unpaid by Customer shall be immediately due and payable. Failure to return or certify the destruction of the Services to CDLData.com will result in: (i) Customer's obligation to pay a perpetual license fee for the Services; or (ii) Customer's obligation to permit CDLData.com' agent to have access to Customer's premises for the retrieval of the Services and Customer shall pay the actual costs as reasonably incurred by CDLData.com to retrieve same.
6. Disclaimer.
CDLData.com SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA, SUBJECT TO FREQUENT CHANGE. CDLData.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHOD USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER’S OWN RISK. CDLData.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER’S USE OF THE SERVICES. ALL SALES ARE FINAL AND NON-REFUNDABLE.
7. Limitation of Liability.
CDLData.com' TOTAL LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO CDLData.com DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. CDLData.com SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF CDLData.com IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. CUSTOMER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO CUSTOMER ABSENT SUCH LIMITATIONS.
8. Indemnification.
CUSTOMER AGREES TO INDEMNIFY AND HOLD CDLData.com HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY THE CUSTOMER, OR ATTRIBUTABLE TO CUSTOMER'S BREACH OF THIS AGREEMENT; PROVIDED THAT CDLData.com GIVES CUSTOMER PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM. CDLData.com SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND CUSTOMER SHALL COOPERATE WITH CDLData.com IN DEFENDING AGAINST SUCH CLAIM.
9. Warranty
General Warranty
CDLData.com warrants to You that: (i) CDLData.com shall use commercially reasonable efforts to provide the Services in a timely manner and in accordance with applicable Services descriptions set forth in Your Order; and (ii) the CDLData.com will be as complete, accurate, and current as such data can be in view of CDLData.com customary method of compilation or acquisition of such data and the nature and accuracy of CDLData.com sources for such data.
Warranty Disclaimer
Because the Services may involve conveying information provided to CDLData.com by other sources, CDLData.com cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data contained in its various databases.
THE WARRANTIES SET FORTH IN SECTION 9 (GENERAL WARRANTY) ARE THE ONLY WARRANTIES CDLData.com HAS GIVEN YOU WITH RESPECT TO THE SERVICES OR THE CDLData.com. CDLData.com MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ANY CDLData.com, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY CDLData.com HEREUNDER, AND CDLData.com HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CDLData.com AND/OR AFFILIATES DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND CDLData.com AND/OR AFFILIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. General.
(a) Unless specified otherwise in a fully-executed license agreement with CDLData.com, this Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes any prior understanding or agreement, oral or written, relating to the Services.
(b) The interpretation and construction of this Agreement, and all matters relating hereto, shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within California. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Riverside County Branch and the Superior and Municipal Courts of the State of California, Riverside County in any litigation arising out of relating to this Agreement or its subject matter. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(c) The prevailing party shall be awarded its reasonable attorney's fees and costs in any lawsuit arising out of or related to this Agreement.
(d) No modification, amendment, supplement to or waiver of any provision of this Agreement shall be effective unless in writing and duly signed by an authorized representative of both parties hereto.
(e) Any provision of this Agreement that contemplates performance subsequent to the expiration or earlier termination of this Agreement shall survive such expiration or termination and shall continue in full force and effect until fully satisfied.
(f) CDLData.com shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond CDLData.com' reasonable control.
(g) Customer may not assign this Agreement or any rights or obligations hereunder.
(h) Neither party shall use, or permit their respective employees, agents and subcontractors to use the trademarks, service marks, copyrighted material, logos, names, or any other proprietary designations of the other party, or the other party's affiliates, whether registered or unregistered, without such other party's prior written consent.
(i) Except with CDLData.com' prior written approval, Customer shall not disclose CDLData.com as a data source to any third party, unless required by federal, state or local laws or government regulations and with prior written notice to CDLData.com.
(j) Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data.
(k) Any notice or other communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by one of the following methods: (a) registered U.S. mail, return receipt requested (postage prepaid); (2) certified U.S. mail, return receipt requested (postage prepaid); or (3) commercially recognized overnight service with tracking capabilities. Notices to CDLData.com shall be sent to 987 Magnolia #103, Corona, CA 92879. Notices to Customer shall be sent to the address entered by Customer in the CDLData.com registration information. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service.
By accessing the information contained within CDLData.com, a CDLData.com company, and clicking "I Accept," Customer agrees to be bound by all terms and conditions contained in this Agreement. By clicking "I Accept," you assert that you are an authorized agent of Customer with the authority to bind Customer to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained herein, you may not use the Services.
Email Flyer Agreement Only
USER AGREEMENT FOR EMAIL FLYER ONLY
(“Agreement”) - ACCEPTANCE OF TERMS THROUGH USE
By your registration, entering a four digit code, clicking “I agree” to ALL the terms of service, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site CDLData.com and affiliated companies reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. CDLData.com and affiliated companies reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well. All email addresses belong to CDLData.com and its affiliated companies. All Users understand and agree that they will never receive a physical email address, and agree that all marketing campaigns are sent out from CDLData.com servers.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE OUR SITES
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email CDLData.com and affiliated companies with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, CDLData.com and affiliated companies hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of CDLData.com and affiliated companies and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by CDLData.com and affiliated companies, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from CDLData.com and affiliated companies is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by CDLData.com and affiliated companies, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying CDLData.com and affiliated companies immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that CDLData.com and affiliated companies shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information, which you post on this site or communicate to CDLData.com and affiliated companies through this site (collectively “Submissions”) shall forever be the property of CDLData.com and affiliated companies. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by CDLData.com and affiliated companies. CDLData.com and affiliated companies shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, CDLData.com and affiliated companies shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
CDLData.com and affiliated companies, licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of CDLData.com and affiliated companies, are not monitored or reviewed by CDLData.com and affiliated companies, and CDLData.com and affiliated companies is not aware of the contents of such sites. You acknowledge that CDLData.com and affiliated companies is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by CDLData.com and affiliated companies, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that CDLData.com and affiliated companies and its licensors have no liability whatsoever from such third party sites and your usage of them.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
-is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
-victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
-infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
-constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
-contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain ---unauthorized access to any data or other information of any third party;
-impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers;
-abuses any limits placed on the service by means of subterfuge including, but not limited to, use of multiple email addresses, multiple membership registrations, or any other means to gain access to the services over what is already provided.
-constitutes improper data entry known as "black hat" SEO or "spamdexing", use methods such as link farms and "keyword stuffing".
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its customers have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its customers, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.
We have the right to stop or remove ANY flyer
If we feel a flyer you create is not appropriate, we have the right to delete it. If we feel the content, style or graphics within your flyer is not appropriate, we have the right to delete it. We have the right to delete any flyer from our system and from being emailed. We have the right to remove it without your permission and may do so without first contacting you.
Rejection Criteria
We will reject anyone Flyer who uses marketing techniques that...
- exploit sex to sell
- promote violence
- are hateful in any way
- are harassing or use spam in any way, shape, or form
- are libelous or defamatory
- are threatening or abusive
- are illegal or on the borderline
- violate the copyrights or trademarks of others
- are in such poor taste that we do not want the association.
We will limit the number of affiliates in order to protect those responsible for our early growth. So...
Rejection criteria will become more stringent. As the company grows, we will start requiring marketing plans with a point of difference from existing affiliates.
Implied Member Consent
All members who subscribe to our system or purchase our flyers agree to receive e-mails from CDLData.com and affiliated companies and from other members purchasing our services. You may opt-out at anytime.
CDLData.com and affiliated companies, it's owners, and it's partner sites are not held liable.
You shall hold us harmless from and against any and all demands, claims, liabilities, causes of action, losses, costs and expenses (including attorneys fees, experts fees and costs) suffered by CDLData.com and affiliated companies arising out of, related to or resulting from any services used on CDLData.com and affiliated companies or from any flyers sent or received on CDLData.com and affiliated companies
Email Scheduling
We do our best to send all flyers on the date and time they are scheduled. We, however, cannot guarantee a flyer will be sent on the exact date and time you schedule it. The timing will depend on 1.) Your own incoming e-mail service provider, 2.) Un-expected server or computer problems that we have no control over, 3.) How many other flyers are scheduled for the date/time that your flyer is scheduled for.
Email Delivery
CDLData.com and affiliated companies does not guarantee successful e-mail delivery to all e-mails in our lists or to any additional e-mails you place in your lists. Successful e-mail delivery depends greatly on the receivers e-mail settings and the internet provider of the receivers e-mail account. If a receiver blocks HTML e-mails or e-mails that have photos or if an internet provider has limitations on how much bulk e-mail can be received, the receiver may not receive the e-mail. We also do not guarantee that our lists will contain every licensed Realtors and/or homeowner email address. If the Realtors and/or homeowner email address is not made publicly available to us then we will not have them in our lists. We do, however, provide a guarantee that all e-mails will leave our server. Once they leave our server we have no control over them. We have features in place that allow us to determine if, when and how many e-mails a flyer was sent to, but we do not automatically add tracking features on who actually read or opened the e-mail unless you add the open tracking feature to your flyer. The main reason we don't use link tracking is because most ISP's block this feature including any redirect link.
We do not guarantee delivery to unsubscribed email recipients. Note: Gmail, Cox, Outlook, Hotmail, Aol, Yahoo or Comcast e-mail accounts because these providers sometimes block e-mails due to bulk e-mail delivery and have their own filtering in place. These email providers choose which emails you receive based on their filters. Their practice is to block email for you before you even have a chance to receive it, which causes you to potentially loose legit emails.
Response and Email Campaign Success
We do not guarantee any type of response or successful leads on any e-mail campaigns that are sent through our system. The response you receive will depend greatly on the property or service you are offering and if it appeals to the receiver. The response success may vary greatly from one flyer to another. DUE TO THE NATURE OF E-MAIL ALL SALES ARE FINAL AND NON-REFUNDABLE.
Ability to Opt Out from future e-mailings
You have the ability to opt out at any time. All opt-outs will be processed within 48 hours of the opt-out request.
Email Flyer Information
We are not liable for any information members place on any flyers they send out. We do not verify accuracy of flyer information. You are solely responsible to verify all information you receive from any and all flyers that come from or are created on our website.
Permission Practices For Uploaded Lists
When sending newsletters or email flyers from our system to your own lists, you agree to import or add only permission based lists. You hereby agree that you shall not use purchased lists, scraped lists or any other list that does not include your clients, co-workers or others that have agreed to receive email marketing material from you. If you use an opt in feature that allows a recipient to confirm (double opt-in) that you have permission to send emails to him or her, and such recipient does not respond or confirm, you agree that you shall not send emails to that recipient. You agree that you shall not send any commercial electronic mail message to any person who has opted out or requested to not receive email from you or another sender on whose behalf you may be acting. You cannot copy an Email Flyer Ads template or any other features or functionality from our services and use them for any purpose other than sending email messages from our system. It is your responsibility to ensure that your emails do not generate spam complaints.
Termination
We have the right to terminate your account at any time. We have the right to terminate any flyers at any time.
Refund Policy
Once your flyer is submitted and paid for all sales are final and non-refundable. Once your flyer is emailed out, clients understand that the service has been provided and there are no refunds.
Disclaimer Of Warranties
You agree to use the site and service at your own risk. The site and services are provided "As Is". We do not guarantee that the site or services will be free of problems, errors or bugs. Any information or files you download from the site are downloaded at your own risk. We will not be responsible for any damage to your computer system or loss of data.
US CAN-SPAM Compliant
CDLData.com and affiliated companies, CDLData.com and affiliated companies and its partner sites are fully US CAN-SPAM compliant under US existing laws.
You are also solely responsible for abiding by your state's e-mail advertising policies and laws. We comply with the US CAN-SPAM laws and require you to do the same. Following are the procedures we have built into the flyers:
1. We place opt-out links at the top and bottom of each flyer so recipients can opt-out at any time. All opt-out requests are removed within 48 hours.
2. Our mailing address is located at the bottom of each flyer, as well as a contact e-mail.
3. The subject lines of the e-mails are not misleading, non-deceptive, and clearly descriptive of the contents of the e-mail, which is relevant to the recipient's business.
4. The "From" field of all e-mails sent through us displays as "CDLData.com and affiliated companies" and the "from" e-mail always comes from "flyers@CDLData.com and affiliated companies"
5. CDLData.com and affiliated companies or its partner sites do NOT sell or distribute any personal or business information of any customers who order services through us, or any recipients who have opted out.
6. Real Estate Agents Only -All flyer e-mails that leave our server have it clearly stated at the bottom of the flyer that the email is a business communication that is being received because the Real Estate Agent or potential homebuyer made their email address publicly available for the purpose of receiving communications regarding real estate business.
The above procedures help protect both us and our customers from breaking any spam laws.
DISCLAIMER OF WARRANTIES
CDLData.com SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA, SUBJECT TO FREQUENT CHANGE. CDLData.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHOD USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER’S OWN RISK. CDLData.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER’S USE OF THE SERVICES. ALL SALES ARE FINAL AND NON-REFUNDABLE.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless CDLData.com and affiliated companies, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, customers and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. CDLData.com and affiliated companies reserves the right, at it's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with CDLData.com and affiliated companies in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its customers, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by CDLData.com and affiliated companies from its offices within the State of California, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from California, by accessing this site, both you and CDLData.com and affiliated companies agree that the statues and laws of the California law shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and CDLData.com and affiliated companies also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. CDLData.com and affiliated companies makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of CDLData.com and affiliated companies. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
We have the right to add or modify these terms at any time.
9. Acceptance of Terms of Service - I hereby confirm that my ‘Registration’ and ‘Submission of Credit Card’ information at CDLData.com’s company web sites and ‘Accepting’ delivery of a ‘Product or ‘Products’, 'I ACCEPT and AGREE’ to be bound to the provisions of this ‘Agreement and Terms of Service’.
I hereby agree due to the nature of this Product or Products all sales are FINAL AND NON-REFUNDABLE. By processing your order and submitting your contact and credit card information you are entering into a binding purchase contract. This has been done to protect the integrity of our databases from fraudulent activity and those who are looking to steal our data. ALL PRODUCTS AND SERVICES SOLD ' AS IS' WITHOUT ANY WARRANTIES OR GUARANTEES. I hereby agree and represent that I am buying data only for my own internal use and not for resale, re-license or redistribute the services in whole or in part without the prior written consent of CDLData.com.
I hereby agree and authorize CDLData.com, to be bill my credit card plus a $3.00 per month handling fee and continues on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form.
Our 'Cancellation Policy' is a two (2) step process to ensure we receive you cancellation notice.
I understand and AGREE and authorize CDLData.com to bill my credit card each month and continue on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form.
Please retain our confirmation email to avoid any post cancellation billing problems. Please note: If your billing date falls within the 30 days prior written
notification you credit card will be billed. It is the customer’s responsibility to verity written email cancellation receipt of termination sent
to CDLData.com and affiliates. Due to the nature of our Product or Products all sales are FINAL AND NON-REFUNDABLE.
ALL PRODUCTS AND SERVICES SOLD 'AS IS' WITHOUT ANY WARRANTIES OR GUARANTEES.
I understand and agree that I will be held fully responsible for this charge and I understand that CDLData.com, will apply a charge back fee to my account in the amount of $50.00 should I initialize a charge back with my credit card issuer to reverse payments without CDLData.com's permission and I agree to pay this fee if this occurs. Accounts billed monthly to credit card on file.
Not For Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND CDLData.com, ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW.
Privacy Policy CDLData.com and affiliate companies will never sell any information associated with your account. Server logs are maintained for hit-tracking purposes and your IP address will be recorded. CDLData.com and affiliate companies was developed with security as its highest priority, however, it is not responsible should information get exposed through hacker exploitation or otherwise.
Internet Sales – Billing/Refund Policy/Data Disclosure/Terms of Service.
I understand and AGREE CDLData.com has clearly posted their Refund, Return, Service Cancellation Policies and Terms of Service before I the cardholder made any purchase decision.
I understand and AGREE CDLData.com disclosed before any credit card purchase its ‘Refund Policy and Cancellation Policy’ and required me the cardholder to select a ‘Click-to-Accept’ or 'I AGREE' button to acknowledge the polices.
I understand and AGREE CDLData.com the terms and conditions of the purchase were displayed on the same screen view as the checkout screen used to present the total purchase amount or within the sequence of website pages the cardholder accesses during the checkout process.
I understand and AGREE that submitting an online registration and clicking 'I AGREE' and submitting online credit card purchase for products or services from CDLData.com is a binding agreement per terms of service.
I understand and AGREE registering online at www.CDLData.com, signing my name in full and clicking on the ‘I AGREE’ button I have read and 'AGREE' to Terms of Service.
I understand and AGREE confirm that my ‘Registration’ and ‘Submission of Credit Card’ information at CDLData.com and affiliate companies and ‘Accepting’ delivery of a ‘Product or ‘Products and clicking I ACCEPT and I AGREEto be bound to the provisions of this ‘Agreement and Terms of Service’.
I understand and AGREE DUE TO THE NATURE OF THIS DATA ALL SALES ARE FINAL AND NON- REFUNDABLE.
I understand and AGREE CDLData.com products/services are digitally delivered; we therefore have a strict NO REFUND POLICY.
I understand and AGREE if there is a problem with one of the digital download products/services or if you experience any difficulty with its download, we will fix the problem.
I understand and AGREE if we don’t have enough records for the digital data download we will issue you a data credit on future data request-NO MONETARY REFUND.
I understand and AGREE and authorize CDLData.com to charge my credit card in full for any products purchased from CDLData.com & its affiliate sites. I further affirm that the name and personal information provided on this form are true and correct.
I understand and AGREE I have read and accept CDLData.com ‘Terms of Service’ as published herein and on the web site www.CDLData.com.
I understand and AGREE that I must register first By placing an order from CDLData.com.
I understand and AGREE to pay CDLData.com in full.
I understand and AGREE that I will be held fully responsible for this charge and I understand that CDLData.com will apply a charge back fee to my account in the amount of $50.00 should I initialize a charge back with my credit card issuer to reverse payments without CDLData.com permission and I agree to pay this fee if this occurs. Accounts billed monthly to credit card on file.
I understand and AGREE the initial term of service commences on the effective date of online registration and receipt initial payment received.
I understand and AGREE all monthly packages are ‘Single User Accounts’. 1st & Last payment due with activation. I hereby 'AGREE' and authorize CDLData.com to bill my credit card, 1st and last payment required with activation for package selected.
I understand and AGREE and authorize CDLData.com., to be bill my credit card each month and continue on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by submitting a cancellation form from website and call 866-377-4599.
I understand and AGREE the ‘Cancellation Policy is a two (2) step process to ensure we receive you cancellation notice. #1. You must submit a cancellation form to cancel your services. #2. You must phone our customer service at 866-377-4599 to ensure we received your cancellation request and acknowledge the same. If your billing date falls within the 30 days prior written notification you credit card will be billed.
I understand and AGREE by registering, submitting a request, processing your order and submitting your contact and credit card information is a binding purchase contract. This has been done to protect the integrity of our databases from fraudulent activity and those who are looking to steal our data. Data is sold ‘as is’ without warranties or guarantees. I hereby agree and represent that I am buying data only for my own internal use and not for resale, re-license or redistribute the services in whole or in part without the prior written consent of Market Live/CDLData.com.
I understand and AGREE ALL completed orders will be uploaded to my online data folder only with a completed registration form, completed order form and payment.
I understand and AGREE that CDLData.com DO NOT GUARANTEE any type of response of successful response on any e-mail campaigns.
I understand and AGREE Phone numbers are given as is, and have not been scrubbed by the DoNotCall List. PHONE NUMBERS ARE NOT GUARANTEED.
I understand and AGREE the use of CDLData.com – Model Credit Data solely for a single use for one of the following purposes: (i) direct mail; (ii) conducting telephone solicitations; or (iii) conducting telephone or direct mail surveys. In addition, you may utilize a list for your internal marketing analysis.
I understand and AGREE not to use CDLData.com – Model Credit Data directly and/or indirectly or reference any type of Mortgage Late directly to the Consumer without written prior consent of said Consumer in any (i) direct mail; (ii) conducting telephone solicitation; or (iii) conducting telephone or direct mail surveys.
I understand and AGREE any contact either written and/or spoken with a consumer as a direct result of CDLData.com – Model Credit Data is purely informational use only regarding your products and services.
I understand and AGREE CDLData.com and affiliate companies exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We (CDLData.com and affiliate companies) shall have no liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
OUR DATA SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. OUR DATA SERVICES ARE BASED UPON PUBLIC RECORD DATA, SUBJECT TO FREQUENT CHANGE. CDLData.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. OUR DATA SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER’S OWN RISK. CDLData.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER’S USE OF THE SERVICES. ALL SALES ARE FINAL AND NON-REFUNDABLE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
Third Party Services - Model Credit Data
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
License Agreement - Terms and Conditions
CDLData.com License Agreement ("Agreement") accompanies the CDLData.com online registration form ("CDLData.com"), the direct marketing lists obtained from CDLData.com and the data contained within the direct marketing lists (collectively, the "Services"). CDLData.com grants you ("Customer") a limited, non-exclusive, non-transferable license to use the Services, provided you accept the following terms on behalf of the company entered into the registration information:
1. Property.
The Services and all intellectual property rights therein are owned by CDLData.com. No ownership rights are granted by this Agreement and, except for the limited license provided, CDLData.com reserves all rights in and to the Services and all underlying data compilations and information contained therein, including but not limited to the exclusive intellectual property rights and the right to grant further licenses. Customer acknowledges that the Services are the proprietary property of CDLData.com and are a valuable commercial product, the development of which involved an expenditure of substantial time and money by CDLData.com.
2. Permitted Use.
The Services are solely for use within Customer's own organization by Customer's own employees. Customer shall be permitted to use the Services solely for Customer's own internal direct marketing purposes. Customer may use each address or telephone number connected to a given property one (1) time only for direct marketing activities, including but not limited to: promoting, marketing, surveying or soliciting by Customer, by way of telemarketing, email marketing, any other advertising or promotional materials, such as flyers, pamphlets, brochures, mailers, video or audio tapes or electronic mail, whether in print or other media.
3. Restrictions on Use.
Both during and after the term of this Agreement, Customer agrees as follows:
(a) Customer shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted in this Agreement, (ii) permit any parent, subsidiary, other affiliated entity or other third party, including any third party entity involved in a joint marketing arrangement with Customer, to use the Services or any portion thereof, (iii) grant access to the Services, or any portion thereof, to individuals incarcerated in prisons or correctional institutions, (iv) allow access to the Services through any terminal located outside of Customer's operations, (v) use the Services outside the United States.
(b) Customer shall not: (i) resell, re-license or redistribute the Services in whole or in part without the prior written consent of CDLData.com, (ii) use the Services to create any derivative products, (iii) use the Services to create, enhance or structure any database in any form for resale or distribution, (iv) process or permit to be processed the Services or any portion thereof, with other data from any other source, (v) merge or incorporate the Services with any other file, (vi) use the Services to enhance a file or list owned by any third party, (vii) use the Services to develop any list, enhancement or product, or (viii) use the Services to prepare, publish, clean or maintain any directory.
(c) Customer shall (i) comply with the published guidelines of the Direct Marketing Association, other applicable industry guidelines, and all federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions regarding the use, storage and dissemination of data such as the Services, (ii) abide by all prevailing federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, including but not limited to those governing fair information practices and consumers' rights to privacy, and any applicable non-solicitation laws and regulations; (iii) limit access to consumer information to those individuals who have a "need to know" in connection with Customer's business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices and consumers' right to privacy; (iv) abide by CDLData.com' privacy policies and Customer's own privacy policies; and (v) use the Services in a manner that gives due consideration to matters concerning privacy.
(d) Customer understands that the data has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Customer shall not use the Services (i) as a factor in establishing an individual's eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the Services to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (vi) in any other manner that would cause such use of.
(e) CDLData.com - Model Late Data
The following terms and conditions apply to Your use of any of the CDLData.com - Model Late Data:
- CDLData.com late model data is a proprietary credit risk model.
- You shall use CDLData.com - Model Late Data solely for Your internal use only and direct marketing purposes.
- You shall not use CDLData.com - Model Late Data directly and/or indirectly or reference any type of Model Late directly to the Consumer without written prior consent of said Consumer in any (i) direct mail; (ii) conducting telephone solicitation; or (iii) conducting telephone or direct mail surveys.
- You acknowledge that any contact either written and/or spoken with a Consumers as a direct result of CDLData.com - Model Late Data is purely informational.
(f) Customer shall be solely responsible for maintaining the confidentiality of all usernames and passwords used by its employees and Customer shall be responsible for all use and fees associated with accessing the data with the password, whether or not authorized by Customer
(g) Customer shall not use the Services for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (ii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
(h) Customer shall not remove, alter or obscure any proprietary notices in the Services and will reproduce all such notices on all copies or portions thereof.
(i) Customer shall not refer to any selection criteria or any presumed knowledge about the consumer being contacted in any direct mail solicitation, telephone solicitation or survey.
4. Fees.
In consideration of the rights granted to Customer hereunder, Customer shall pay to CDLData.com the fees stated within the Services. By submitting an order to CDLData.com, Customer authorizes CDLData.com to charge the credit card entered into CDLData.com by Customer for the Services at the fees stated within the Services. Fees are exclusive of use, ad valorem, personal property, and other taxes, which are the responsibility of Customer. CDLData.com shall charge Customer applicable sales tax, and Customer shall be responsible for filing all other taxes. CDLData.com reserves the right to change the fees for the Services at any time. Additional charges may apply for training users at Customer locations. Customer shall provide all Internet connectivity, hardware and software necessary to access CDLData.com a CDLData.com Inc. Company.
5. Term and Termination.
The initial term of this agreement commences on the effective date of registration and initial payment received, and continues on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by email to info@CDLData.com and call 866-377-4599.
Our 'Cancellation Policy' is a two (2) step process to ensure we receive you cancellation notice.
I understand and AGREE and authorize CDLData.com to bill my credit card each month and continue on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by filling out our cancellation form on the web site, located on the home tab at CDLData.com and call 866-377-4599 to confirm receipt. I understand and AGREE the 'Cancellation Policy' is a two (2) step process. CDLData.com will terminate your billing from 30 days of dated cancellation form.
Please retain our confirmation email to avoid any post cancellation billing problems. Please note: If your billing date falls within the 30 days prior written
notification you credit card will be billed. It is the customer’s responsibility to verity written email cancellation receipt of termination sent
to CDLData.com and affiliates. Due to the nature of our Product or Products all sales are FINAL AND NON-REFUNDABLE.
ALL PRODUCTS AND SERVICES SOLD 'AS IS' WITHOUT ANY WARRANTIES OR GUARANTEES.
If either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within five (5) days following such notice. Upon termination of this Agreement by either party, Customer, at its own expense, shall return all Services to CDLData.com or certify that the Services have been destroyed within ten (10) business days of termination, and any amounts unpaid by Customer shall be immediately due and payable. Failure to return or certify the destruction of the Services to CDLData.com will result in: (i) Customer's obligation to pay a perpetual license fee for the Services; or (ii) Customer's obligation to permit CDLData.com' agent to have access to Customer's premises for the retrieval of the Services and Customer shall pay the actual costs as reasonably incurred by CDLData.com to retrieve same.
6. Disclaimer.
CDLData.com SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA, SUBJECT TO FREQUENT CHANGE. CDLData.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHOD USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER’S OWN RISK. CDLData.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER’S USE OF THE SERVICES. ALL SALES ARE FINAL AND NON-REFUNDABLE.
7. Limitation of Liability.
CDLData.com' TOTAL LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO CDLData.com DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. CDLData.com SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF CDLData.com IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. CUSTOMER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO CUSTOMER ABSENT SUCH LIMITATIONS.
8. Indemnification.
CUSTOMER AGREES TO INDEMNIFY AND HOLD CDLData.com HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY THE CUSTOMER, OR ATTRIBUTABLE TO CUSTOMER'S BREACH OF THIS AGREEMENT; PROVIDED THAT CDLData.com GIVES CUSTOMER PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM. CDLData.com SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND CUSTOMER SHALL COOPERATE WITH CDLData.com IN DEFENDING AGAINST SUCH CLAIM.
9. Warranty
General Warranty
CDLData.com warrants to You that: (i) CDLData.com shall use commercially reasonable efforts to provide the Services in a timely manner and in accordance with applicable Services descriptions set forth in Your Order; and (ii) the CDLData.com will be as complete, accurate, and current as such data can be in view of CDLData.com customary method of compilation or acquisition of such data and the nature and accuracy of CDLData.com sources for such data.
Warranty Disclaimer
Because the Services may involve conveying information provided to CDLData.com by other sources, CDLData.com cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data contained in its various databases.
THE WARRANTIES SET FORTH IN SECTION 9 (GENERAL WARRANTY) ARE THE ONLY WARRANTIES CDLData.com HAS GIVEN YOU WITH RESPECT TO THE SERVICES OR THE CDLData.com. CDLData.com MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ANY CDLData.com, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY CDLData.com HEREUNDER, AND CDLData.com HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CDLData.com AND/OR AFFILIATES DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND CDLData.com AND/OR AFFILIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. General.
(a) Unless specified otherwise in a fully-executed license agreement with CDLData.com, this Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes any prior understanding or agreement, oral or written, relating to the Services.
(b) The interpretation and construction of this Agreement, and all matters relating hereto, shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within California. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Riverside County Branch and the Superior and Municipal Courts of the State of California, Riverside County in any litigation arising out of relating to this Agreement or its subject matter. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(c) The prevailing party shall be awarded its reasonable attorney's fees and costs in any lawsuit arising out of or related to this Agreement.
(d) No modification, amendment, supplement to or waiver of any provision of this Agreement shall be effective unless in writing and duly signed by an authorized representative of both parties hereto.
(e) Any provision of this Agreement that contemplates performance subsequent to the expiration or earlier termination of this Agreement shall survive such expiration or termination and shall continue in full force and effect until fully satisfied.
(f) CDLData.com shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond CDLData.com' reasonable control.
(g) Customer may not assign this Agreement or any rights or obligations hereunder.
(h) Neither party shall use, or permit their respective employees, agents and subcontractors to use the trademarks, service marks, copyrighted material, logos, names, or any other proprietary designations of the other party, or the other party's affiliates, whether registered or unregistered, without such other party's prior written consent.
(i) Except with CDLData.com' prior written approval, Customer shall not disclose CDLData.com as a data source to any third party, unless required by federal, state or local laws or government regulations and with prior written notice to CDLData.com.
(j) Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data.
(k) Any notice or other communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by one of the following methods: (a) registered U.S. mail, return receipt requested (postage prepaid); (2) certified U.S. mail, return receipt requested (postage prepaid); or (3) commercially recognized overnight service with tracking capabilities. Notices to CDLData.com shall be sent to 987 Magnolia #103, Corona, CA 92879. Notices to Customer shall be sent to the address entered by Customer in the CDLData.com registration information. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service.
By accessing the information contained within CDLData.com, a CDLData.com company, and clicking "I Accept," Customer agrees to be bound by all terms and conditions contained in this Agreement. By clicking "I Accept," you assert that you are an authorized agent of Customer with the authority to bind Customer to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained herein, you may not use the Services.
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Additional Written Confirmation Required |
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