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
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
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.
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.
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.
charged are nonrefundable.
Passwords & Security.
You will be solely responsible for maintaining the confidentiality of your
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.
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
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
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 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.
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
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
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.
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
Terminating Access to
Data Source Direct has the right to terminate your ability to access the
Database, for any reason, without notice.
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.
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,
If you agree to the terms of this agreement, accept below. If you don't agree
to the terms contained in this Agreement, please exit the Database.