TERMS OF USE
           
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This Database End-User License Agreement (“EULA”) governs your use of the Database produced by Data Source Direct.

Your use of the Database will constitute your agreement to comply with these terms and conditions. Your use of the Database also constitutes agreement to the terms and conditions of these documents. In the event of any ambiguity, inconsistency or conflict between this Agreement and the User Agreement or Privacy Policy, the terms and conditions of this Agreement shall control and prevail.  
This website and the Products accessible through the website are provided by Data Source Direct.  The following terms and conditions govern your use of the website, the Products purchased through this website and data accessed or downloaded by you (“you” or “Customer”) from the website. The term Product shall include any data accessed through the use of the Product. Each purchase from the website shall be considered a separate Product.

If you do not agree with the rules contained in this Agreement, please do not use the Database.

Modification of terms: These Terms represent the entire understanding of the parties relating to the use of the website and prevail over any prior or contemporaneous, conflicting or additional communications. Data Source Direct reserves the right to modify these Terms or its policies relating to the Product at any time, effective upon posting of an updated version of these Terms on the website for the Product. Customer is responsible for regularly reviewing the Terms. Continued use of the Product after any such changes shall constitute Customer’s consent to such changes. Notice of revisions to this Agreement will be made on this page.

Your failure to follow Data Source Direct’s rules, whether listed below or in future notices in the Database, may result in termination of your access to the Database, without notice.


Account Registration. You will be required to provide Data Source Direct with certain registration information. You agree and represent that all registration information provided by you is accurate and up to date. If any of your registration information changes, you must update it by calling or emailing Data Source Direct.

Fees & Payment.  Data Source Direct may charge you fees for access to portions of the Database or the Database as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Database by Data Source Direct or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as “Fees”). Data Source Direct reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you, pursuant to the notice procedure described below.

If you submit your credit card information to Data Source Direct upon registration, you give Data Source Direct permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit card or your payment is returned to Data Source Direct for any reason, including charge back, Data Source Direct reserves the right to either suspend or terminate your account and all its obligations under this Agreement.  
Fees charged are nonrefundable.

Accounts, Passwords & Security. You will be solely responsible for maintaining the confidentiality of your password. Customer warrants that it will not permit anyone else access or use of the Product. Customer is entirely responsible for maintaining the security and confidentiality of its account and password(s). Customer shall be responsible for any and all charges incurred by persons accessing its account and for any use of the Product by any User. Customer agrees to notify Data Source Direct immediately of any unauthorized use of its account or any other breach of security. Data Source Direct will not be liable for any loss that Customer may incur as a result of someone else using Customer’s password or account, either with or without Customer’s knowledge. If you have reason to believe that your account is no longer secure you must promptly notify Data Source Direct of the problem, by calling or e-mailing us.

Limited License.  Upon Payment for the product, Data Source Direct grants to you to accept a limited, non-exclusive, non-transferable license to use the portion of the Database that you pay for and download from this Web site solely for your own personal or internal business use. You agree not to compile a list of e-mail addresses from the Database for mass marketing purposes. You agree not to make copies of the Database or to use the Database on a network. If you wish to have concurrent use of the Database you must request a multi-user license from Data Source Direct. A “User” is defined as a natural person who uses data obtained from the Product in any manner. Each license is restricted for use by one individual User and may not be shared with any other person. Customer agrees that it is licensing the Product for its end use only and not for resale or redistribution. Customer hereby warrants and agrees not sell, lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate, reproduce or copy the Product or any portion thereof (or permit any of the foregoing) or disclose any portion of the Product contents to any other party without the prior written consent of  Data Source Direct. Customer further warrants and agrees not to reverse assemble, reverse compile, or otherwise attempt to create, copy or uncover any source or object code associated or contained within the Product, or otherwise develop, implement, create or deploy any method, system or software which could allow a User to avoid manual selection of each download on a record-by-record basis or otherwise lead to data harvesting or scraping activities.  Data Source Direct believes that it has compiled and developed the finest quality data available, however, the Product is provided on an “as is” basis. Data Source Direct does not assure or warrant the correctness, comprehensiveness or completeness of the Product or any data, and Customer agrees and acknowledges that Data Source Direct shall not be liable for any loss or injury caused in whole or in part by contingencies beyond its control.

EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, DATA SOURCE DIRECT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES DATA SOURCE DIRECT HEREBY OFFERS THE FOLLOWING LIMITED WARRANTY. CUSTOMER SHALL HAVE 7 DAYS AFTER RECEIPT OF THE PRODUCT, TO INSPECT IT AND NOTIFY DATA SOURCE DIRECT OF ANY PROBLEMS OR MISTAKES.

If Data Source Direct has made a material mistake, then Data Source Direct will correct the mistake at no additional charge. If Customer does not notify Data Source Direct within 7 days of his, her or its receipt of the Product of a problem or mistake, Customer then accepts the Product “as is.” After the 7-day period has elapsed, Data Source Direct shall have no liability whatsoever to the Customer.

CUSTOMER EXPRESSLY AGREES THAT  DATA SOURCE DIRECT SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES) WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE AND/OR USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE.

In no event shall Data Source Direct’s entire liability exceed the total amount paid by Customer to Data Source Direct for the affected Product.

Customer Responsibility.  Customer agrees and warrants that all data that Customer receives from the Products, Data Source Direct, or any subsidiary corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances (“Laws”) , including but not limited to those concerning privacy, telephone solicitation, fax broadcast, e-mail transmission, direct marketing, consumer lending, and employment. Customer acknowledges that it is Customer’s sole responsibility to determine the applicability of any such Laws. Customer shall be solely responsible for the use of the Product and data. Customer shall indemnify and hold harmless Data Source Direct, and any subsidiary corporations, against any loss, liability, damage, cost or expense, including reasonable attorneys’ fees, suffered or incurred by Data Source Direct, and/or any subsidiary corporation, arising out of or in any way related to Customer’s use of the Product or the violation of these Terms.

Term. This license agreement commences on the day you receive the e-mail notification of your Subscriber ID and Password to access the Database. In the event you breach any provision of this agreement, this agreement will automatically terminate in the event you do not cure such breach within seven (7) days after such breach.

Copyright. You acknowledge that the Database is the sole and exclusive property of Data Source Direct. By accepting this license you do not become the owner of all or any part of the Database. You agree not to modify or reverse engineer any software received hereunder. You further agree not to assign this agreement to any person or entity without the prior written consent of Data Source Direct. You agree that you will use your best efforts and take all reasonable steps to protect the Database from unauthorized reproduction, publication, disclosure or distribution. You agree to promptly provide Data Source Direct with written notice of any unauthorized reproduction, publication, disclosure or distribution.

Limited Warranty. In the event of a defect in the operation of the Database resulting from a downloading error, you must contact Data Source Direct within seven (7) days after your receive the Database in order to receive a replacement download without charge. Except for the warranty described in this paragraph, there are no warranties expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly and specifically disclaimed.  Data Source Direct does not warrant that the database will meet your requirements or expectations or that the operation of the database will be uninterrupted or error free.

Disclaimer. Data Source Direct disclaims any and all liability for the accuracy or correctness of the information in the database. Data Source Direct disclaims any and all liability to any party for any loss or damage caused by Data Source Direct, or by errors or omissions in the database. In no event shall Data Source Direct be liable for your lost profit or sales, business interruption or loss of data or any direct, indirect, incidental, consequential, special or punitive damages. Notwithstanding the above, in no event shall Data Source Direct total liability to you or any other party, under any remedy or theory of law, exceed the total amount paid to Data Source Direct by you for the use of the database.

Terminating Access to Database.  Data Source Direct has the right to terminate your ability to access the Database, for any reason, without notice.

 
Jurisdiction.  Both Data Source Direct and Customer agree that any action, suit, or other legal proceeding regarding any matter arising under or relating to any provision of these Terms shall be commenced only in the state or federal courts located within Norfolk County, Massachusetts, and both parties consents to the exclusive jurisdiction of such courts.

Force Majeure.  Data Source Direct shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.

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User Agreement Terms

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