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