By using the AtoZdatabases ("Company") web site and associated services (collectively, the "Site"), you agree to the following terms and conditions contained in this agreement ("Agreement"). If you are unable or unwilling to accept and abide by these terms and conditions, you should not use this Site or its information. "You" and "your" refer to any party using this website or any data or information obtained from this website. You agree to the following:
You acknowledge that any and all data products and information obtained from this website (collectively, the "Data") shall at all times remain the intellectual property of Company or the third party data owners ("Data Owners") who provided the Data to Company, and that neither you nor any user has any proprietary rights whatsoever in the Data.
Company grants you a limited, non-exclusive, non-transferable license to use the Data in accordance with the following permitted uses, subject to the restrictions set forth herein:
In using the Data, this Site and all marketing communications used in connection with any Data: (i) you shall fully comply with all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing (including registration for a Subscription Account Number (SAN) with the National Do Not Call Registry (https://telemarketing.donotcall.gov/), email, fax marketing, customer solicitation and privacy; (ii) all such communications shall be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; and (ii) that you shall comply with all applicable Direct Marketing Association ("DMA") guidelines, if you are a DMA member. If you are not a DMA member, you are encouraged to comply with all applicable DMA guidelines.
You shall be responsible for accepting and responding to any communication initiated by a residential ("Residential Inquiries") arising out of your use of the Data. No reference to Data Owner or Company in written or oral communication to a residential or in scripts used in responding to residential Inquiries shall be made without Company's prior written approval.
You acknowledge that Company and Data Owner do not guarantee that the names or telephone numbers of all such residentials have been flagged or removed from the Data supplied hereunder. You further represents that if you are telemarketing in a state that requires registration, you have registered in the applicable state. You further acknowledges that it is your sole responsibility to ensure that the most current suppression information has been applied to its files before such files are used for marketing. Except with regard to your customers, you agree to honor residentials' elections to not receive marketing solicitations and in the event that you do not honor such residentials' choice not to receive marketing solicitations, Company may cease delivery of any future Data and/or terminate this Agreement immediately. You agree to defend, indemnify and hold harmless Data Owner and Company, as set forth below, due to your failure to properly honor a residential's choice not to receive marketing solicitations or to comply with its obligations set forth in this Section.
ALL DATA AND SERVICES PROVIDED THROUGH THE SITE ARE SOLD "AS IS". COMPANY AND THE DATA OWNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE DATA, SERVICES, LISTS, OR THE MEDIA ON WHICH THE DATA ARE PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY OR DATA OWNER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE. IN NO EVENT SHALL COMPANY'S ENTIRE LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY UNDER THIS AGREEMENT DURING THE LAST TWELVE (12) MONTHS.
You shall defend, indemnify, and hold harmless Company and the Data Owner from and against any and all claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from your use, misuse or unauthorized use of the Data.
Data Owner and Company reserve the right to audit any and each of your computer systems and applicable business records to ensure your compliance with the terms and conditions of this Agreement. In the event an audit reveals that you are not in compliance with the terms and conditions of this Agreement, you shall be responsible for the costs of the audit, as well as any and all damages resulting from such non-compliance including, without limitation, any special, incidental, indirect, or consequential damages whatsoever.
Neither party shall be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond the reasonable control of the party delayed.
Company is located at 11211 John Galt Blvd, Omaha, NE 68137. You agree that the Site shall be deemed solely based in Nebraska and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Nebraska. Any action relating to any provision of these terms and conditions or your use of the Site shall be brought in a court of competent jurisdiction located in Douglas County, Nebraska. We may amend these terms and conditions at any time and in our sole discretion by posting the revised terms on this Site. Unless otherwise stated in such revision, the revised terms will take effect when they are posted. You are responsible for reviewing the notice and any changes. You can review the most current version of these terms and conditions at any time at: http://www.atozdatabases.com/termsandconditions. Your continued use of the Site and our services following changes to these terms and conditions will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms and conditions, do not continue to use the Site or our services. These terms and conditions set forth the entire understanding and agreement between us with respect to the subject matter of these described herein. The following sections shall survive any termination of these terms and conditions: (i) Limited Warranty Disclaimer and Limitation of Liability, (ii) Indemnification, and (iii) Miscellaneous