Legal
Terms &
Conditions
Terms and Conditions governing the basic and essential clauses dealing with RSA Lists Corporation.
Refund Policy
Due to the nature of our product, You agree and acknowledge that RSA List Services maintains a no monetary refund policy on all list services offered. RSA List Services offers a 100% record replacement of all hard bounces returned — that is the only compensation offered. If you are dissatisfied with any list service offered by RSA List Services, Your exclusive remedy is to discontinue use of the lists purchased without refund of any kind whatsoever.
Warranties
RSA List Services is not responsible for damages incurred by the inclusion of spam traps in any database sold, or delivered under this agreement. RSA List Services is provided on an "as is" and "as available" basis. You expressly agree that use of any list services offered by RSA List Services is at your sole risk. To the fullest extent permissible pursuant to applicable law, RSA List Services disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Limitation of Liability
Under no circumstances, including, without limitation, negligence, shall RSA List Services or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use any service offered by RSA List Services. In no event shall RSA LIST SERVICES entire liability exceed the total amount you paid to RSA LIST SERVICES under this agreement.
Indemnification
You agree to indemnify, defend, and hold harmless RSA LISTS SERVICES its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by RSA LIST SERVICES or Your violation of this Agreement.
Force Majeure
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
Assignment
Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
Relationship of the Parties
The parties are independent contracting entities, and there is no partnership or agency relationship between them. Further, You may not use the RSA LIST SERVICES name in Your advertising or marketing as the source of Your data without express written permission from RSA LIST SERVICES.
Entire Agreement
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
Disputes
In the event of a dispute, You agree to attempt to resolve the dispute by contacting RSA LIST SERVICES prior to taking any other action. Failure to contact RSA LIST SERVICES to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of the RSA LIST SERVICES web site are governed by the laws of the Province of Quebec, Canada.
Severability
If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
Database Purchases and Legal Compliance
You agree that any use of this data will be in compliance with all applicable state and federal laws, including, but not limited to, the CAN-SPAM Act of 2003. If using this data to send e-mail messages, such compliance includes: (1) not using forged, false or misleading header information; (2) not using false or misleading subject lines; (3) including the sender's physical address; (4) clearly identifying the e-mail message as an advertisement; (5) providing an opt-out notice with a functioning opt-out mechanism; (6) honoring opt-out notices within 10 business days; and (7) for e-mail messages with sexually explicit material, including a warning in the subject line. You agree not to sell, share, rent or transfer this data to any person or entity which does not agree to use this data in compliance with all applicable state and federal laws.
Protection of Data
You agree to follow all applicable state and federal laws concerning the protection and use of personal record data and your own data protection policies.
Questions About These Terms?
If you have any questions about our Terms and Conditions, please contact us directly.
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