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 EMD which data is referred as the “Data.”
Limitations on Use.
(a) Unless specifically authorized in advance and in writing by EMD, 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 EMD 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.
Your Responsibilities; Use of Email Data
(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, 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.
(b) Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.
(c) You must have your business website to order data and to send emails to customers. We want to keep the data in safe hand to avoid spamming.
(d) EMD reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of EMD to review such use will not constitute acceptance of such use or waive any of EMD’s rights hereunder or limit any of your obligations with respect to the Data.
Disclaimer of Warranties; Limited Warranty.
THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. EMD DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, EMD 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 EMD OF ANY PROBLEMS OR MISTAKES IN THE DATA AND IF YOU SO NOTIFY EMD WITHIN THAT 14-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.
Cancellation of Order / Service
EMD reserves the right to cancel any order before delivering the product or service bases on Data Analyst Team’s opinion. Any cancelled order by EMD will be refunded to customers.
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 EMD, whether by operation of law or otherwise, and any attempt to do so shall be void.