Terms & Conditions
These general terms and conditions form part of the agreement to which they are attached (the "Agreement") and apply to your use of any marketing or email data or services provided by sweepstakesleadsprovider.org or its affiliated companies, which data or services are collectively referred to as the "Data."
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OWNERSHIP (a) The term "sweepstakesleadsprovider.org Property" includes all programs, files, systems, documentation, information, content, graphics, page layouts, website designs, user interfaces utilized or provided by sweepstakesleadsprovider.org, work products developed by sweepstakesleadsprovider.org, and derivative works of any of the foregoing, including, without limitation, the website or websites made available to you by sweepstakesleadsprovider.org, any HTML programming performed as part of providing you with Data, and any other special programs, functionalities, interfaces, and other work products, ideas, concepts, or techniques sweepstakesleadsprovider.org may develop, use. (b) All sweepstakesleadsprovider.org property shall be and will remain the property of sweepstakesleadsprovider.org LLC. (c) As between you and sweepstakesleadsprovider.org, sweepstakesleadsprovider.org shall be the sole and exclusive owner of all licenses, copyrights, trademarks, trade secrets, and other intellectual property rights in and to the sweepstakesleadsprovider.org Property and the Data.
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LIMITED LICENSE Upon your execution of the Agreement and the payment of all amounts due to sweepstakesleadsprovider.org, 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 Agreement. Upon expiration or termination of your subscription, you must cease use of the Data and, as requested by sweepstakesleadsprovider.org, either (a) return the Data to sweepstakesleadsprovider.org without retaining any copies thereof or any notes or other derivative information therefrom, or (b) provide a certificate, executed by you, in form and substance satisfactory to sweepstakesleadsprovider.org, that the Data has been destroyed in such a manner as to render the Data permanently unreadable and unrecoverable.
LIMITATIONS ON USE (a) Unless specifically authorized in advance and in writing by sweepstakesleadsprovider.org, you shall not share, sell, transfer, or otherwise make the Data available to any third party or entity, and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third party or entity. (b) You shall not name or refer to sweepstakesleadsprovider.org or your use of the Data in any of your advertisements, promotional or marketing materials. (c) You shall not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, or 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; REVIEW AND AUDIT BY SWEEPSTAKESLEADSPROVIDER.ORG (a) You agree and warrant that your use of the Data will comply with all applicable federal, state, local, and international 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 also agree to comply with all such applicable Laws relating to any such do not contact lists. (e) sweepstakesleadsprovider.org reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of sweepstakesleadsprovider.org to review such use shall not constitute acceptance of such use or waive any of sweepstakesleadsprovider.org's rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days' notice, sweepstakesleadsprovider.org may audit your records to determine whether you are in compliance with this Agreement, and you shall make available to sweepstakesleadsprovider.org or its representatives all records necessary for the conduct of such an audit. (f) sweepstakesleadsprovider.org also reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with certain Data.
DISCLAIMER OF WARRANTIES; LIMITED WARRANTY THE DATA IS PROVIDED ON A STRICTLY "AS IS" BASIS. sweepstakesleadsprovider.org DOES NOT WARRANT OR REPRESENT THE ACCURACY, COMPLETENESS, OR COMPLETENESS OF THE DATA, AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, sweepstakesleadsprovider.org DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, 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 sweepstakesleadsprovider.org OF ANY PROBLEMS OR MISTAKES IN THE DATA, AND IF YOU SO NOTIFY sweepstakesleadsprovider.org, the problem or mistake will be corrected at no additional charge to you.
LIMITATION OF LIABILITY sweepstakesleadsprovider.org shall 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, directly or indirectly by any use of the Data or any actual or alleged failure by sweepstakesleadsprovider.org to comply with the terms of the Agreement, whether any such damages were foreseeable or sweepstakesleadsprovider.org was advised of the possibility of such damages. sweepstakesleadsprovider.org's maximum liability under the last sentence of Section 5 shall not exceed the amount you paid sweepstakesleadsprovider.org under the Agreement within the 12 months preceding the event that gave rise to sweepstakesleadsprovider.org's liability.
YOUR INDEMNIFICATION OF SWEEPSTAKESLEADSPROVIDER.ORG You shall indemnify, defend, and hold harmless sweepstakesleadsprovider.org, its shareholders, 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 breach of the Agreement or any violation of laws.
INTERRUPTION OF SERVICE You acknowledge that, given the technical nature of resources sweepstakesleadsprovider.org requires to provide the Data to you, temporary interruptions may occur in the provision of the Data and that any such interruptions shall not result in sweepstakesleadsprovider.org having any liability to you or others and shall not suspend or eliminate your payment obligations to sweepstakesleadsprovider.org or provide you with any refund rights for amounts previously paid to sweepstakesleadsprovider.org.
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 sweepstakesleadsprovider.org, whether by operation of law or otherwise, and any attempt to do so shall be void.
ADDITIONAL REMEDY OF TERMINATION In addition to all other legal rights and remedies available to sweepstakesleadsprovider.org for any apparent, threatened, or actual breach or violation of the Agreement by you, sweepstakesleadsprovider.org has the right to terminate the Agreement and demand the immediate return or destruction of the Data at any time if sweepstakesleadsprovider.org believes you are not complying in full with the Agreement.
GOVERNING LAW; JURISDICTION The Agreement shall be governed by and construed under the laws of the State of North Carolina, without regard to 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 Mecklenburg 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.
ENTIRE AGREEMENT; AMENDMENT OR WAIVER The Agreement contains the entire understanding between you and sweepstakesleadsprovider.org and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be modified by a document signed by both you and sweepstakesleadsprovider.org. A waiver of any breach of the Agreement shall not be deemed a waiver of a future breach, whether it is of a similar or different nature, and no waiver shall be effective unless it is in writing and signed by the waiving party.
EXECUTION; COUNTERPARTS The Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement. The Agreement may be executed and delivered by facsimile, by an electronically transmitted portable document format (PDF), and the execution and delivery of the Agreement by that method will have the same force and effect as the delivery of an original signature on behalf of the parties.
REFUND POLICY Within the first 7 days of the subscription start date, if you have not downloaded, received, or printed any Data, you may receive a full refund of your subscription. Please note that after downloading, receiving, or printing sufficient Data, you are not eligible for a refund. For any questions, please contact support@sweepstakesleadsprovider.org. We may amend these terms and conditions by posting the revised terms on the company website. You are responsible, and you agree, to check for any changes on each occasion before using the site or any Data.
SUBSCRIPTION AND BILLING Term of the subscription ("Term"): You may cancel your subscription at any time, subject to the terms of 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. You may cancel your subscription after the initial 30 days, but you will not be eligible for any refund. Upon cancellation, you will immediately lose access to sweepstakesleadsprovider.org, and you may lose any unused credits. At the end of your annual subscription, your subscription will automatically renew for another year unless you cancel 30 days prior to your billing date. Billing: You authorize sweepstakesleadsprovider.org to charge your authorized payment method (the "Payment Method") the amount of a monthly or annual subscription. Recurring payments will automatically be drafted from the account for the remainder of the Term. sweepstakesleadsprovider.org reserves the right to terminate your subscription if, for any reason, a Payment Method is canceled, terminated, declined, or if sweepstakesleadsprovider.org believes a payment may be challenged or dishonored. However, you are still responsible for the payments for the remainder of the Term.
TERMINATION OR MODIFICATION FOR EXCESSIVE USE If sweepstakesleadsprovider.org determines that your use of the Data is so excessive that it materially interferes with or could materially interfere with sweepstakesleadsprovider.org's ability to provide timely, high-quality services to its other subscribers, or if sweepstakesleadsprovider.org determines that your use constitutes a nuisance or is otherwise not in accordance with the terms of the Agreement, then sweepstakesleadsprovider.org may, in its discretion, suspend, modify, or terminate the services provided to you, without any advance notice. These rights are in addition to those in "Default and Termination" above.