Terms and Conditions

Terms of Use

These general terms and conditions ("Agreement") govern your use of any marketing or email data or services provided by Data InfoDocs INC. or its affiliated companies ("Data InfoDocs INC"), collectively referred to as the "Data."

1. Ownership

(a) "Data InfoDocs INC Property" includes all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces, work products, derivative works, websites, HTML programming, special programs, functionalities, interfaces, ideas, concepts, or techniques developed, used, or relied upon by Data InfoDocs INC in providing the Data.

(b) All Data InfoDocs INC Property shall remain the exclusive property of Data InfoDocs INC.

(c) Data InfoDocs INC holds sole ownership of all patents, copyrights, trademarks, trade secrets, and other intellectual property rights related to the Data InfoDocs INC Property and the Data.

2. Limited License

Upon execution of this Agreement and full payment, you receive a personal, non-transferable, non-exclusive license to use the Data solely for your direct marketing, market research, and customer prospecting purposes, strictly as per this Agreement.

• If no usage period is specified, the license term defaults to one year.
• Data InfoDocs INC retains all rights to the Data and related services.
• Upon expiration or termination, you must discontinue use of the Data and either:
  • (a) return all Data and copies to Data InfoDocs INC; or
  • (b) certify destruction of the Data in a manner rendering it permanently unreadable and unrecoverable.

3. Limitations on Use

(a) Without prior written authorization from Data InfoDocs INC, you shall not share, sell, transfer, or otherwise make the Data available to third parties, and you must use your best efforts to prevent unauthorized use.

(b) You shall not mention or reference Data InfoDocs INC or your use of the Data in any advertising, promotional, or marketing materials.

(c) You shall not use the Data for consumer credit purposes, insurance underwriting, employment screening, tenant screening, or any other purposes governed by the federal Fair Credit Reporting Act or otherwise not expressly authorized.

4. Your Responsibilities

Use of Email Data Review and Audit by Data InfoDocs INC

5. Disclaimer of Warranties and Limited Warranty

The Data is provided "as is." Data InfoDocs INC does not warrant the accuracy, completeness, or fitness of the Data for any purpose except:

• You have 14 days after receipt to inspect the Data and report issues.
• Data InfoDocs INC will correct any reported problems within that 14-day window at no extra charge.

6. Limitation of Liability

Except as noted above, Data InfoDocs INC is not liable for any damages arising from use or inability to use the Data, including indirect, incidental, special, or consequential damages, even if advised of the possibility. Maximum liability is limited to the amount paid by you to Data InfoDocs INC in the 12 months prior to the incident.

7. Your Indemnification of Data InfoDocs INC

You agree to indemnify and hold harmless Data InfoDocs INC and its affiliates from any claims, losses, damages, or expenses (including attorneys' fees) arising from your acts, omissions, or violations of this Agreement or applicable laws.

8. Interruption of Service

You acknowledge that temporary interruptions in Data provision may occur due to technical issues. Such interruptions do not relieve you of payment obligations or entitle you to refunds.

9. No Assignment by You

You may not assign or transfer this Agreement without prior written consent from Data InfoDocs INC. Any unauthorized assignment is void.

10. Additional Remedy of Termination

Data InfoDocs INC may terminate this Agreement immediately and demand return or destruction of the Data if you breach or threaten to breach the Agreement.

11. Governing Law; Jurisdiction

This Agreement is governed by Nebraska law without regard to conflicts of law principles. Any disputes must be resolved exclusively in the state or federal courts in Douglas County, Nebraska. You consent to jurisdiction and venue there.

12. Payment for Non-Invoiced Products

(a) Payment: You agree to pay fees per the current rates. Subscription products renew automatically at the prevailing price unless cancelled.

(b) Recurring Billing: You authorize Data InfoDocs INC to charge your payment method automatically. You agree to keep billing information accurate and updated. Payment failures do not relieve your obligations.

(c) Interest Charges: Overdue payments incur interest at 1.5% per month or the maximum legal rate, whichever is lower.

13. Entire Agreement; Amendment or Waiver

This Agreement constitutes the entire understanding between you and Data InfoDocs INC and supersedes prior agreements. Amendments must be in writing and signed by both parties. No waiver of any breach is effective unless in writing.

14. File Management Library

Some services may include a file management library for storing your marketing content (e.g., logos, images).

• You retain ownership of your Marketing Content.
• You grant Data InfoDocs INC permission to host and provide access to your authorized users.
• You are responsible for ensuring rights to your Marketing Content and may not upload content that infringes on third-party rights, promotes illegal activity, or contains malware.
• Data InfoDocs INC may remove content it deems violating these rules but has no obligation to monitor your content.
• This service is not a backup or disaster recovery system; you must maintain your own copies. Marketing Content may be deleted upon termination.

15. Execution Counterparts

This Agreement may be executed in counterparts, including electronic or faxed copies, each considered an original.