. ACCEPTABLE USE POLICY
Welcome to Data-Aide LLC. Data-Aide LLC aka Data-Aide.com and its affiliates provide their services to you subject to the following conditions. If you visit or use the services available at Data-Aide.com, you accept these conditions and agree to comply with the following terms (the "Agreement"). Please read them carefully. In addition, when you use any current or future Data-Aide.com service, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control. PRIVACY Please review our Privacy Policy Statement, which also governs your visit to Data-Aide.com, to understand our practices. ELECTRONIC COMMUNICATIONS When you visit Data-Aide LCC (Data-Aide.com) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. . COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Data-Aide.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Data-Aide.com and protected by U.S. and international copyright laws. All software used on this site is the property of Data-Aide.com or its software suppliers and protected by United States and international copyright laws. . TRADEMARKS Data-Aide, Data-Aide LLC, Data-Aide.com, Data-Aide.net. Data-Aide Services, DataAide Services, DatabaseAide.com, DatabaseAide.net and other Data-Aide.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Data-Aide.com, Inc. or its affiliates in the U.S. and/or other countries. Data-Aide.com's trademarks and trade dress may not be used in connection with any product or service that is not Data-Aide.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Data-Aide.com. All other trademarks not owned by Data-Aide.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Data-Aide.com or its affiliates. . LICENSE AND SITE ACCESS
. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you are under 18, you may use Data-Aide.com only with involvement of a parent or guardian. . Data-Aide LLC, Data-Aide.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. . . REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. . PRICING A.) Except where noted otherwise, the list prices displayed for products on our website represent our requested price after research of full retail prices and estimates in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. B.) Data package fees include purchased Database Mailing List Product(s). Update Service Fees include 3 updates every quarter following the purchase of a Data Mailing list Package. . The Customer''s obligations of payment shall be to DATA-AIDE.COM or its assignee. C.) Fee Payments for Services rendered are due upon receipt of invoice(s) and will be deemed delinquent if not received within 30 days. Delinquent invoices are subject to interest charges of 12% per annum on the unpaid balance (or the maximum rate allowed by law if such rate is less than 12%). The Customer will be liable for all costs of collection. Failure or delay in rendering payments due DATA-AIDE.COM under this Agreement will, at DATA-AIDE.COM's option, constitute material breach of this Agreement. If changes are made resulting in amendments to the Listing of Product(s) and Pricing identified in this Agreement pro rata adjustments of the contracted price will be calculated by DATA-AIDE.COM and invoiced to the customer accordingly as of the date of any such changes. Payment will be due upon receipt of any additional pro rata invoices and will be deemed delinquent if not received within thirty days of the invoice dates. D.) Taxes, if any, are not included in the agreed upon price. Any taxes applicable to the Database(s) under this Agreement, whether or not such taxes are invoiced by DATA-AIDE.COM, will be the exclusive responsibility of the customer. . . DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL DATA. INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ATTACHMENTS) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DATA-AIDE.COM OR ITS AFFILIATES ON AN "AS IS" BASIS. UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. . TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DATA-AIDE.COM AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; DATA INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ATTACHMENTS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DATA-AIDE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATA-AIDE.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ATTACHMENTS) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. . DATA-AIDE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. DATA-AIDE.COM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR DATA-AIDE.COM ANY OTHER LIABILITY IN CONNECTION WITH THE USE OF THE DATABASES(S) UNDER THIS AGREEMENT AND/OR ITS USE THEREOF BY CUSTOMERS. . THE MAXIMUM LIABILITY OF DATA-AIDE LLC, DATA-AIDE.COM AND ITS AFFILIATES, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY DATA-AIDE.COM FROM THE CUSTOMER HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL DATA-AIDE.COM OR ITS AFFILIATES BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER OR UNAUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. . IN NO EVENT SHALL DATA-AIDE LLC, DATA-AIDE.COM OR ITS AFFILIATES BE LIABLE FOR ANY UNAUTHORIZED, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR ILLEGAL USE OF ITS PRODUCTS AND DATA PACKAGES OR FOR ANY PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES. . CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. . APPLICABLE LAW By visiting Data-Aide.com, you agree that the laws of the state of Montana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Data-Aide.com or its affiliates. . DISPUTES Any dispute relating in any way to your visit to Data-Aide.com or to products you purchase through Data-Aide.com shall be submitted to confidential arbitration in Helena, Montana, except that, to the extent you have in any manner violated or threatened to violate Data-Aide.com's intellectual property rights, Data-Aide.com may seek injunctive or other appropriate relief in any state or federal court in the state of Montana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. . TERMINATION A.) In the event of a breach of any of its obligations under this Agreement, a customer shall have the right to remedy the breach within thirty (30) days upon receipt of written notice from DATA-AIDE.COM. Within the period of such notice, a customer shall make every reasonable effort and document said effort to remedy such a breach and shall institute any reasonable procedures to prevent future occurrences of such breaches. If the customer fails to remedy such a breach within the period of thirty (30) days, DATA-AIDE.COM may (at its option) terminate this Agreement upon written notice to the customer. B.) If DATA-AIDE.COM becomes aware of a material breach of customer's obligations under this Agreement or a breach by a customer of the rights of DATA-AIDE.COM or its Affiliates or an infringement on the rights of DATA-AIDE.COM or its Affiliates, then DATA-AIDE.COM will notify the customer immediately in writing and shall have the right to temporarily suspend the customer's access to the Database(s). Customer shall be given the opportunity to remedy the breach or infringement within thirty (30) days following receipt of written notice from DATA-AIDE.COM. Once the breach or infringement has been remedied or the offending activity halted, DATA-AIDE.COM shall reinstate access to the Databases. If the customer does not satisfactorily remedy the offending activity within thirty (30) days, DATA-AIDE.COM may terminate this Agreement upon written notice to the customer. C.) The provisions set forth in the LICENSE AND SITE ACCESS and DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY Sections of this Agreement shall survive the term of this Agreement and shall continue in force into perpetuity. . . SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review all of our policies, such as our pricing policy, posted on this site. These policies also govern your visit to Data-Aide.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. A.) Neither DATA-AIDE.COM nor its Affiliates will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or failures of the Internet. B.) This Agreement and the license granted herein may not be assigned by the customer to any third party without written consent of DATA-AIDE.COM. C.) If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect. D.) If a customer makes a purchase of a database or service on Data-Aide.com, or uses purchase orders in conjunction with this Agreement, then the customer agrees that the following statement is hereby automatically made part of such purchase or purchase orders: "The terms and conditions set forth in the DATA-AIDE.COM Acceptable Use Policy are made part of this purchase order and are in lieu of all terms and conditions, express or implied, in this purchase or purchase order, including any updates or renewals hereof." E. This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, written and/or oral. There are no representations, warranties, promises, covenants or undertakings, except as described here. . Click here now to purchase a contact list that meets your database needs . . OUR ADDRESS Data-Aide LCC. PO Box 253 Hillsboro, ND 58045 - 0253 . support@data-aide. . Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Data-Aide.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Data-Aide.com and its affiliates that your copyrighted material has been infringed. .
. Send to: DATA-AIDE.COM Copyright Agent PO Box 253 Hillsboro, ND 58045 - 0253 . .
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