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eBusiness Prospects terms and conditions

The terms and conditions of this agreement shall be deemed incorporated by reference into any schedule hereto or order for data referring to this agreement  identifying  the target data and such other additional terms and conditions as the parties may agree, including  pricing.

eBusiness Prospects is engaged in the publishing, writing, manufacture, distribution, reselling and licensing of proprietary databases and providing related marketing services, and has the rights to do so, and whereas, CLIENT desires to use such services to add data to its house file on the terms and conditions set forth herein.  Now therefore in consideration of the premises set forth mutual promises, agreements and conditions stated herein, the parties agree as follows:


1. Unless you have purchased one of the eBusiness Prospects Services, the contents of the Site are intended for your personal, noncommercial use only.
2. eBusiness Prospects may impose limits on certain features and functionality or restrict your access to parts or all of our service offerings without notice or liability.
3. The Site contains proprietary notices and copyright information, the terms of which must be observed and followed.
4. eBusiness Prospects information may be inaccurate and we may make mistakes when extracting the information.
5. eBusiness Prospects may change, suspend or discontinue any aspect of services at any time, including the availability of any Site feature, database, or content.
6. You agree to comply with all federal and state laws in the use of any of the data obtained through the Site, specifically including, but not limited to, email addresses

The following terms of usage represent a legal agreement between you and eBusiness Prospects. By accessing or using the eBusiness Prospects information you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you agree to these Terms, you are granted a non-exclusive, non-assignable and non-transferable license to use our information only under these Terms and conditions of use. If you do not agree to these Terms, you have no right to use our information.


a ) Our information may be used only by you if you agree to be bound by these Terms, and you may not rent, lease, sublicense or transfer the information or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in any form whatsoever that incorporates or using our information. Except with the prior written consent of eBusiness Prospects no data that resides may be transferred or made available by you to any person or entity. Violation of this limitation on use shall result in immediate termination service and grounds for legal action against you. Use can be made for commercial purposes only after payment of eBusiness Prospects standard fees for one or more eBusiness Prospects Services (call 888-797-0751) for more details).

B ) We guarantee that 80% deliverability of the custom list, Email appending provided with this agreement will be accurate and 50% deliverability on our Stand alone Lists lists. The Warranty will be limited to provision of additional records. We hereby disclaim all express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, correctness, quality, accuracy, completeness or reliability, for any data or service provided hereunder.

C ) In no event shall we be liable for direct, indirect, special, exemplary, consequential, incidental, or punitive damage or loss for any claim or cause of action related to or arising out of this agreement or the services performed hereunder. Our liability at all times will be limited to the purchase price paid by the client minus any delivery expenses incurred by us.

D ) You agree that it is your responsibility to understand and comply with all federal, state, and local laws, rules, and regulations including do not call and do not fax regulations. You agree to indemnify and hold eBusiness Prospects and its subsidiaries harmless against all claims related, in whole or in part, to your failure to comply with such laws, rules, and regulations. For the purpose of resolving any dispute in any way related to your use of the information, or these terms and conditions, the state and federal courts located in California shall have exclusive jurisdiction. You agree that such courts represent “convenient and appropriate forums for this purpose

E ) F. The CLIENT Records, the Email addresses, the Matched Records and all other information (collectively, the "Confidential Information") will remain confidential and will not be resold by the client.

F ) eBusiness Prospects compiles its databases from various sources and where appropriate verifies the information. eBusiness Prospects cannot and does not assume any liability for the correctness or comprehensiveness of the information. You will have 30 days after purchasing the information to inspect and notify eBusiness Prospects of any operational problems or material mistakes with regards to the information. If eBusiness Prospects is notified of an operational problem or material mistake within 30 days from the date of your purchase then eBusiness Prospects will correct the problem or, in its sole discretion, provide additional records if needed relating to the materially mistaken information. This warranty is a limited warranty and eBusiness Prospects makes no other warranties, express or implied, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. In no event shall eBusiness Prospects be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. If this limited warranty should fail of its essential purpose, and in all other cases, eBusiness Prospects entire liability shall be limited to the amount actually received by eBusiness Prospects on account of your purchase.

G ) CLIENT will pay us prior to purchase of the list or provision of Marketing Services


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eBusiness Prospects offers professional multi-channel list marketing solutions for internet and more. The company was founded in 2004 and is based in Las Vegas, Nevada. eBusiness Prospects is anchored by a fully integrated database of over 68M B2B records, which allows you to touch your customers or prospects through multiple channels and answer all your customers retention and acquisition needs in today's competitive market.

 

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