Existing Subscriber?
|
|

Terms & Conditions

By using the Creditjam ("Creditjam" or "Company") website and associated information and services (collectively, the "Site"), you agree to the following terms and conditions contained in this agreement ("Agreement"). If you do not accept and abide by these terms and conditions, you should not use the Site. "You" and "your" refer to any party accessing or using the Site or any data or information obtained from the Site.

1. Title

You acknowledge that any and all service and data products and information available from the Site (collectively, the "Data") shall at all times remain the sole property of Creditjam or the third party data owners (collectively, the "Data Owners") who provided the Data to Creditjam. You acknowledge and agree that neither you nor any user of the Site has any proprietary rights whatsoever in the Site or Data. You agree you will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site.

2. Limited License; Permitted Uses; Restrictions:

Creditjam grants you a limited, non-exclusive, non-transferable license to use the Data for the following permitted uses and subject to the restrictions set forth in this Agreement:

  • The Data may be used for marketing programs to consumers and businesses as specified by Company, in accordance with the terms and conditions of this Agreement. You may not sell or license any part of the Data to any third party.
  • You agree that the Data may contain protective seeding to assist in detecting unauthorized use or duplication of the Data, and you agree not to remove seeds from the Data.
  • You agree not to use the Data as a factor in establishing an individual's creditworthiness or eligibility for credit, insurance or employment.
  • You agree not to use the Data to advertise, sell, or exchange any products or services relating to illegal or illicit activities, including, without limitation, sex products or services, drug products or services, pornographic materials, weapons, or involving credit repair services.
  • You agree to be solely responsible for all communication materials intended for mailing to names/addresses on the Data.
  • In your marketing communications incorporating any Data, you agree to: (i) comply with all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing (including registration for a Subscription Account Number (SAN) with the National Do Not Call Registry (https://telemarketing.donotcall.gov/), email, fax marketing, customer solicitation and privacy; (ii) ensure your mailings or other communications will be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; and (iii) comply with all applicable industry association guidelines and regulations.
  • You agree that any use of email Data must be in compliance with all applicable state and federal laws, including, the CAN-SPAM Act of 2003. The Company does not guarantee that any email addresses provided are correct or valid.
  • You agree to represent yourself and your organization accurately on the Site and you will not impersonate any other person, actual or fictitious.
  • You agree to not interfere with or disrupt the Site or resell the Data.

3. Consumer Inquiries

You agree to promptly respond to any communication initiated by a consumer ("Consumer Inquiries") arising out of your use of the Data. You agree not to reference any Data Owners or the Company in written or oral communication with consumers or in scripts used in responding to Consumer Inquiries without Company's prior written approval.

4. Do Not Call Lists - Suppression

You acknowledge that Company and Data Owners do not guarantee that the names or telephone numbers are free of all such consumers have been flagged or removed from the Data supplied, and you agree it is your sole responsibility to ensure the most current suppression information has been applied to your files before such files are used for marketing. You represent you are registered to engage in telemarketing in any state that requires you to hold such license. Except with regard to your customers, you agree to honor consumer elections to not receive marketing solicitations. You agree to defend, indemnify and hold harmless Data Owner and Creditjam, due to your failure to honor a consumer choice not to receive marketing solicitations or to comply with your obligations herein.

5. Limited Warranty Disclaimer and Limitation of Liability

ALL DATA AND SERVICES PROVIDED THROUGH THE SITE ARE SOLD "AS IS". COMPANY AND THE DATA OWNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE DATA, SERVICES, LISTS, OR THE MEDIA ON WHICH THE DATA ARE PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY OR DATA OWNER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE. IN NO EVENT SHALL COMPANY'S ENTIRE LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY UNDER THIS AGREEMENT DURING THE MOST RECENT SUBSCRIPTION MONTH.

6. Subscription and Billing

Billing
By starting your Creditjam subscription, you authorize us to charge to your credit card or other authorized payment method (the "Payment Method") the monthly subscription fee for the Data at the then-current subscription fee amount as posted on the Site, plus any applicable taxes. Please note that the subscription fee is subject to change at any time and from time to time effective three (3) days following posting of such change on the Site. You acknowledge and agree that it is your responsibility to check the Site for any changes to the subscription fee. We may, but have no obligation to, provide you with an e-mail to the e-mail address in your Creditjam subscriber report before an increase in your monthly subscription fee takes effect. Our decision not to send such an e-mail shall have no effect on your obligation to pay such subscription fee. You agree we may also periodically authorize your card in anticipation of subscription or related charges. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

We reserve the right to terminate your subscriber account if for any reason a Payment Method is cancelled, terminated or declined authorization or if we have reason to believe payment there from will be challenged or dishonored.

Cancellation
You may cancel your subscription at anytime, and cancellation will be effective immediately. All fees and charges are fully earned upon payment. Payments are nonrefundable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel your subscription, visit our website and click the words "Cancel Subscription" on the "My Account" tab and follow the instructions for cancellation under the heading "Cancel Subscription." Upon cancellation, your data will be deleted and your Creditjam account closed. Upon termination, your Payment Method will not be charged for any future services under this Agreement.

7. Maximum Liability

You acknowledge and agree that under no circumstances hall the maximum liability of Creditjam or its affiliates and data providers including Data Owners exceed more than the most recent month of subscription charges paid by you here under.

8. Indemnification

You agree to defend, indemnify and hold harmless Creditjam and its affiliates, business partners, third party suppliers and providers including Data Owners, licensors, and it and their respective officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any communications you distribute using the Data or(iii) arises from your activities or use of the Site. In addition, you acknowledge and agree Creditjam shall have the right to seek damages, including without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, if you use the Site or Data for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement. In addition, if Creditjam is required to respond to a third party or government subpoena related to your use of the Site or Data, you agree to reimburse Creditjam for its reasonable expenses associated with complying with such subpoena requests including attorney fees.

9. Miscellaneous

You and Creditjam agree any action relating to any provision of this Agreement or your use of the Site shall be brought in a court of competent jurisdiction for Douglas County, Nebraska. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Creditjam. This Agreement sets forth the entire understanding and agreement between you and Creditjam with respect to the subject matter described herein. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The following sections: Section 5 "Limited Warranty Disclaimer and Limitation of Liability"; Section 7 "Indemnification"; and this Section 9 "Miscellaneous" shall each survive any termination of this Agreement.

We may amend these terms and conditions at any time and in our sole discretion by posting the revised terms on the Site. Unless otherwise stated herein or in such revision, the revised terms will take effect when they are posted. You are responsible for and agree to review and check for any changes on each occasion before using the Site or any Data.

Your continued use of the Site and our services following changes to these terms and conditions will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms and conditions, discontinue use of the Site and Data immediately.

10. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. Creditjam will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Creditjam in its sole discretion, by email or by phone, or third party. Creditjam has no knowledge of your organization and will not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information.

11. Copyright and Trademark Information

The Site and the information on it are the property of Creditjam and its affiliates. The unauthorized copying or dissemination of any Creditjam copyright, trademark, or service mark is prohibited by United States copyright law, trademark law and other intellectual property laws and conventions.

12. Right to Terminate

We reserve the right to terminate or restrict your use of our service and to terminate this Agreement, without notice, for any or no reason whatsoever.

13. Binding Arbitration

Company and you agree to submit any and all claims, demands, disputes, controversies, or causes of action, arising out of or relating to any performance required under this Agreement, or the interpretation, validity or enforce ability of this Agreement, (individually and collectively "Claims"), to binding arbitration before the American Arbitration Association ("AAA"). Arbitration shall be conducted in Omaha, Nebraska in accordance with (i) the Federal Arbitration Act ("FAA"), (ii) the Code of Procedure ("Code") of the AAA, and (iii) this Agreement. The terms of this Agreement shall govern any inconsistency between it and the Code. The arbitrator shall apply Nebraska substantive law in the adjudication of all Claims. Not with standing the foregoing, a party may apply to the federal district court located in Douglas County Nebraska for a provisional remedy, including but not limited to a temporary restraining orderor a preliminary injunction, to the extent necessary to protect intellectual property, trade secrets, or confidential information. The application for or enforcement of any provisional remedy by a party shall not operate as a waiver of this Agreement to submit a dispute to binding arbitration pursuant to this provision. After an arbitration demand has been filed and served, the parties may engage in reasonable discovery in the form of requests for documents, interrogatories, requests for admission, and depositions. The arbitrator shall resolve any disputes concerning discovery. The decision of the arbitrator shall be in writing setting forth the findings of fact and law, and the reasons supporting the decision. The arbitrator may award costs and attorneys fees to the prevailing party to the extent permitted by Nebraska law. The arbitrator's decision shall be final and binding upon the parties subject to any right of appeal permitted by the AAA.

14. Additional Information

Contact info@Creditjam.com if you have any questions about the above terms and conditions.

Start Your No Risk
Subscription Today
$39.95/month
Unlimited Sales Leads, Mailing Lists, and Business Credit Reports
Only $49.95 per month
No contract. Cancel anytime, money back guarantee.
Click here to get started.
Free Consulting on Direct Marketing & Email Marketing
Credit Card Processing