General Terms and Conditions for Use of Salesfully's Software, Data and Solutions.
These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any marketing or email data or services provided by Salesfully.com LLC or its affiliated companies (“Salesfully.com”), which data or services are referred to collectively as the “Data.”
(a) The term “Salesfully.com Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site
designs, user interfaces utilized or provided by Salesfully.com LLC, work product produced by Salesfully.com LLC, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by Salesfully.com LLC, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces, and other work product, ideas, concepts or techniques which Salesfully.com LLC may develop, use, or rely upon in providing the Data to you.
(b) All Salesfully.com LLC Property shall be and will remain the property of Infogroup.
(c) As between you and Salesfully.com LLC, Salesfully.com LLC shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets, and other intellectual property rights in and to the Salesfully.com LLC Property and the Data.
2. Limited License
Upon your execution of Subscription and the payment of all amounts due to Salesfully.com LLC, you are granted a personal, nontransferable, and nonexclusive license to use the Data solely for your direct marketing, market research, and customer prospecting purposes, in strict accordance with the terms of your Subscription. Upon expiration or termination of your Subscription, you shall discontinue use of the Data and, as requested by Salesfully.com LLC, either (a) return the Data to Salesfully.com LLC without retaining any copies thereof or any notes or other information thereon, or (b) provide a certificate, executed by you, in form and substance satisfactory to Salesfully.com LLC, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
3. Limitations on Use
(a) Unless specifically authorized in advance and in writing by Salesfully.com LLC, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to Salesfully.com LLC or your use of the Data in any of your advertisements or promotional or marketing materials.
(c) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.
4. Your Responsibilities; Use of Email Data; Review and Audit by Salesfully.com LLC
(a) You agree and warrant that your use of the Data will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines. You acknowledge and agree that it is your sole responsibility to determine the applicability of, and ensure your own compliance with, any such Laws.
(b) You agree and warrant that your use of any United States email Data will comply with all applicable Laws including, without limitation, the CAN-SPAM Act, COPPA, and any State Registry laws.
(c) You agree and warrant that your use of any Canadian email Data will comply with all applicable Laws including, without limitation, CASL.
(d) You acknowledge that certain Data may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity. You further agree to comply with all such relevant Laws relating to any such do-not-contact lists.
(e) Salesfully.com LLC reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of
Salesfully.com LLC to review such use will not constitute acceptance of such use or waive any of Salesfully.com LLC’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, Salesfully.com LLC may audit your records to determine whether you are in compliance with this Agreement, and you will make available to Salesfully.com LLC or its representatives all records necessary for the conduct of such an audit.
(f) Salesfully.com LLC further reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with certain Data.
5. Disclaimer of Warranties; Limited Warranty
THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. SALESFULLY.COM LLC DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS, OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, SALESFULLY.COM LLC DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 14 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY SALESFULLY.COM LLC OF ANY PROBLEMS OR MISTAKES IN THE DATA, AND IF YOU SO NOTIFY SALESFULLY.COM LLC WITHIN THAT 14-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.
6. Limitation of Liability
Salesfully.com LLC will not be liable for any claim, demand, loss, liability, damage, injuries, cost, or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Salesfully.com LLC to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Salesfully.com LLC was advised of the possibility of such damages. Salesfully.com LLC’s maximum liability under the last sentence of Section 5 will not exceed the amount you paid Salesfully.com LLC under the Agreement within the 12 months preceding the event which gave rise to Salesfully.com LLC’s liability.
7. Your Indemnification of Salesfully.com LLC
You shall indemnify, defend, and hold harmless Salesfully.com LLC, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) which arises,directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
8. Interruption of Service
You acknowledge that, given the technical nature of resources Salesfully.com LLC requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in Salesfully.com LLC having any liability to you or others and shall not suspend or eliminate your payment obligations to Salesfully.com LLC or provide you with any refund rights for amounts previously paid to Salesfully.com LLC.
9. No Assignment by You
You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of
Salesfully.com LLC, whether by operation of law or otherwise, and any attempt to do so shall be void.
10. Additional Remedy of Termination
In addition to all other legal rights and remedies available to Salesfully.com LLC for any apparent, threatened, or actual breach or violation of the Agreement by you, Salesfully.com LLC has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if Salesfully.com LLC believes you are not complying in full with the Agreement.
11. Governing Law; Jurisdiction
The Agreement shall be governed by and construed under the laws of the State of North Carolina, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Mecklenberg County, North Carolina, and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
12. Entire Agreement; Amendment or Waiver
The Agreement contains the entire understanding between you and Salesfully.com LLC and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Salesfully.com LLC. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
14. Execution; Counterparts
The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format, and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.
15. 30-Day Money Back Guarantee
Within the first 30 days of subscription start date: If you have not downloaded or printed any Data, you can receive a full refund of your subscription.
Please contact support@Salesfully.com if you have any questions.
We may amend these terms and conditions by posting the revised terms on the company website. You are responsible, and agree, to check for any changes on each occasion before using the Site or any Data.
16. Subscription and Billing
Term of the subscription (“Term”): You may cancel your subscription anytime, while being subject to the 30-day money back guarantee. Monthly subscriptions will automatically renew for another month unless you cancel prior to your billing date. The Term for a monthly subscription is one month.
Upon request, you may cancel your subscription after the first 30 days, but you will not be eligible for any refund. Upon cancellation, you will lose access to Salesfully.com immediately and you may lose any unused credits. At the end of your yearly subscription, your subscription will automatically renew for another year unless you cancel 30 days prior to your billing date.
Billing: You authorize Salesfully.com LLC to charge your authorized payment method (the “Payment Method”) the monthly or yearly subscription. Recurring payments will automatically be drafted from the account for the remainder of the Term.
Salesfully.com reserves the right to terminate your subscription if for any reason a Payment Method is cancelled, terminated, declined or if Salesfully.com believes a payment may be challenged or dishonored. However, you are still responsible for the balance of payments for the remainder of the Term.
17. Termination or Modification for Excessive Use
If Salesfully determines that your usage of the Salesfully Services is so excessive that it interferes or could interfere with Salesfully’s ability to provide timely, high-quality telematics services to its other subscribers, or if Salesfully determines that your usage constitutes a nuisance or is otherwise not consistent with the terms of this agreement, then Salesfully may in its discretion suspend, modify or terminate the Salesfully Services provided to you, without any advance notice. These rights are in addition to those in “Default and Termination” above.