Please read this agreement (“Agreement”) carefully before accessing or using this website (“Site”). ContactMetrix and theirs suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.
ContactMetrix and their agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. ContactMetrix and their suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
You may access, download and print materials on this Site for your personal and non-commercial use. You may download but not alter Web Content for non-commercial, personal use provided that copyright notices are retained. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Webpage, or use on any other website any information obtained from this Site without prior written permission of ContactMetrix.
Ownership of Web Content – The Website and all of its contents, including, but not limited to, all source code, text, and images (“Web Content”) are owned and copyrighted by ContactMetrix or other owners. Any Web Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of ContactMetrix or others. Your use of any Web Content, except as provided in these Terms of Use, without the written permission of ContactMetrix is strictly prohibited.
No Unlawful or Prohibited Use – As a condition of your use of this Site, you warrant to ContactMetrix that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Disclaimer of Warranties – You use of our Website at your own risk. All Web Content is subject to change without notice and is provided to you “as is” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, ContactMetrix neither warrants nor represents that your use of any Web Content will not infringe the rights of any third parties nor that the web content will be accurate, complete or up-to-date.
The information, software, products, and services published on this site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ContactMetrix, its affiliates and/or its respective suppliers may make improvements and/or changes to this site at any time.
Indemnification – You agree to indemnify, defend and hold harmless ContactMetrix its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.
Links to third party sites – This site may contain hyperlinks to websites operated by parties other than ContactMetrix. Such hyperlinks are provided for your reference only. ContactMetrix does not control such websites, and is not responsible for their contents. Inclusion of hyperlinks by ContactMetrix to such websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.
Controlling Law & Jurisdiction – These Terms of Use and your use of our Website are governed by the laws of the State of Texas, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Dallas County, Texas, USA, will have exclusive jurisdiction over any and all disputes arising from, relating to or concerning these Terms of Use.
1. It is the responsibility of the buyer to understand their chosen Email Service Providers (ESP) policies in full (i.e. Constant Contact, Mail Chimp, or Internal Platform), including acceptable bounce rates, abuse rates, approval of purchased lists and other restrictions. ContactMetrix is not responsible for abuse reports, account suspensions or other results from using the email list. Some Email Service Providers may not allow purchased lists. Suggested ESPs available upon request. Any additional internal or 3rd party cleaning, suppressions or removals of emails from the list provided are not applicable and will not reflect the validity of the emails provided. Some 3rd parties or deployment platforms utilize their own cleansing and this may remove emails from the list and/or prevent the list from being used with that particular source.
2. Replacement Policy: ContactMetrix offers a replacement warranty for its products and services. Customers may request a replacement if they identify data quality issues within thirty (30) days of delivery. To qualify for a replacement, the hard bounce rate must exceed 10% of the total contact volume as specified in the contract. ContactMetrix may also consider other reasonable and verifiable evidence of data inaccuracy, such as an order falling outside your specified requested criteria.
3. Normal processing time for list purchases allows 36-72 hours once the order documents are returned and payment is processed. If processing time is delayed, ContactMetrix will contact the client. During fulfillment process quantities of data purchased/counts received are subject to change. If quantities are short, ContactMetrix will contact the client.
4. ContactMetrix makes no warranties/representations regarding email response, open rates, click through rates or other measures of email marketing efficiency. Customer hereby agrees to comply with all federal, state and local laws, including but not limited to rules pertaining to the U.S. CAN-SPAM legislation or Canadian CASL, and hereby releases NDG of any/all liability associated with Customer’s use of the data provided and Customer’s violation of such laws.
The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied. Certain circumstances are beyond ContactMetrix´s control and may not be covered by the satisfaction guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. ContactMetrix does not proof documents created by its customers prior to processing.
In no event shall ContactMetrix or its licensors, suppliers, or vendors, their officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not ContactMetrix has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from ContactMetrix or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall ContactMetrix be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorised use of this site or its content.