PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
Marketing Live,INC and affiliate companies herein know as ("ML") provides small and medium sized businesses and organizations with (i) a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns (the "Email Marketing Product"), (ii) a variety of tools and resources to create, launch, and manage online surveys (the “Survey Product”), and (iii) a variety of related offerings, including email archiving and premium image hosting services. The Email Marketing Product, the Survey Product and any related offerings are referred to in these Terms and Conditions of Use as the “Products). ML’s Products may not be used for the sending of unsolicited email ( sometimes called "spam"). See our Anti-Spam Policy.
The following are the terms and conditions for access to this web site and use of the Products. By clicking the ‘I accept’ button on the sign-up page or by logging in to ML, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright © 2000-2010 Marketing Live, Inc. All rights reserved.
This web site, and the information which it contains, is the property of ML and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "ML" and the ML logo are registered trademarks of ML, Inc., under the applicable laws of the United States and/or other countries. Other ML product or service names or logos appearing in this Site are either trademarks or registered trademarks of ML, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of ML's trademark or other intellectual property rights concerning that name or logo.
2. Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
3. Products and Support
The Products are provided subject to these Terms and Conditions of Use, as they may be amended by ML, and any guidelines, rules or operating policies that ML may establish and post from time to time (collective, the "Agreement"), including without limitation ML's customer Privacy Policy, as linked from all email generated from ML or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the ContactsLive.net website, or otherwise providing notice to you, ML may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at ML's website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the ML sign up web page in order to use the Products. You will need to register separately for the Email Marketing Product and the Survey Product. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide ML's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by CL or its personnel.
4. Free Trial; Fees and Payment
4.1 Fees for Email Marketing Product. For the Email Marketing Product, once you have completed your free trial period or have exceeded the free subscriber limit, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. For purposes of this Agreement, each unique e-mail address will count as one subscriber. In addition, if you have more than 50,000 subscribers in your account, per message Fees will be incurred when the number of messages you send in a month exceeds four times the maximum number of subscribers allowed in your current pricing tier. You will be required to submit payment monthly in advance for the Email Marketing Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Email Marketing Product. Access to the Email Marketing Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Email Marketing Product. If selected by you, you will also be billed for premium image hosting and email archiving services. 4.2 Fees for Survey Product. For the Survey Product, once you have completed your free trial period or have exceeded the free subscriber limit or the free responses limit, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. In addition to Fees based on the number of subscribers, per response Fees will be incurred when the number of responses received in a month exceeds the maximum number of subscribers allowed in your current pricing tier. You will be required to submit payment monthly in advance for the Survey Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Survey Products. Access to the Survey Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Survey Product. 4.3 Fees for Bundled Email Marketing and Survey Products. For the Bundled Email Marketing and Survey Products, once you have completed your free trial period or have exceeded the free subscriber limit or the free response limit, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. In addition to Fees based on the number of subscribers, per message and per response Fees will be incurred as set forth in Sections 4.1 and 4.2 above. You will be required to submit payment monthly in advance for the Bundled Email Marketing and Survey Products (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Bundled Email Marketing and Survey Products. Access to the Bundled Email Marketing and Survey Products will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Bundled Email Marketing and Survey Products. If selected by you, you will also be billed for premium image hosting and email archiving services. 4.4 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by ML. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in ML's sole discretion. ML will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case ML's standard rates will apply. ML may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account. 4.5 Payment. Payment for Products will be made by a valid credit card accepted by ML. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize ML to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If ML is for any reason unable to effect automatic payment via your credit card, ML will attempt to notify you via email and your ML account will be disabled until payment is received. Amounts paid for the Products are not refundable.
4.1 Fees for Email Marketing Product. For the Email Marketing Product, once you have completed your free trial period or have exceeded the free subscriber limit, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. For purposes of this Agreement, each unique e-mail address will count as one subscriber. In addition, if you have more than 50,000 subscribers in your account, per message Fees will be incurred when the number of messages you send in a month exceeds four times the maximum number of subscribers allowed in your current pricing tier. You will be required to submit payment monthly in advance for the Email Marketing Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Email Marketing Product. Access to the Email Marketing Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Email Marketing Product. If selected by you, you will also be billed for premium image hosting and email archiving services.
4.2 Fees for Survey Product. For the Survey Product, once you have completed your free trial period or have exceeded the free subscriber limit or the free responses limit, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. In addition to Fees based on the number of subscribers, per response Fees will be incurred when the number of responses received in a month exceeds the maximum number of subscribers allowed in your current pricing tier. You will be required to submit payment monthly in advance for the Survey Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Survey Products. Access to the Survey Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Survey Product.
4.3 Fees for Bundled Email Marketing and Survey Products. For the Bundled Email Marketing and Survey Products, once you have completed your free trial period or have exceeded the free subscriber limit or the free response limit, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of subscribers in your account at any time during the previous month. In addition to Fees based on the number of subscribers, per message and per response Fees will be incurred as set forth in Sections 4.1 and 4.2 above. You will be required to submit payment monthly in advance for the Bundled Email Marketing and Survey Products (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Bundled Email Marketing and Survey Products. Access to the Bundled Email Marketing and Survey Products will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Bundled Email Marketing and Survey Products. If selected by you, you will also be billed for premium image hosting and email archiving services.
4.4 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by ML. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in ML's sole discretion. ML will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case ML's standard rates will apply. ML may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
4.5 Payment. Payment for Products will be made by a valid credit card accepted by ML. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize ML to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If ML is for any reason unable to effect automatic payment via your credit card, ML will attempt to notify you via email and your ML account will be disabled until payment is received. Amounts paid for the Products are not refundable.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to ML. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your ML account. 5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the ML feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a ML template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, ML cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. ML, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. ML will terminate your use of its Products if ML determines that your level of spam complaints is higher than industry norms. 5.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that ML may add an identifying footer stating "Powered by ML" or a similar message. 5.4 Use of Images Hosted by Marketing Live. Images hosted by ML on Marketing Live controlled servers may only be used in connection with the Products and for no other purpose whatsoever. 5.5 Prohibited Content. ML prohibits the use of the Products or web site by any person or entity that: Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons. Displays or markets material that exploits children, or otherwise exploits children under 18 years of age. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content. Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor). Sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet. " Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings. Engages in any libelous, defamatory, scandalous, threatening, harassing activity. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner. 5.6 Right to Disable Access. ML, at its own discretion, may immediately disable your access to the Products without refund if ML believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
5.1 Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to ML. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your ML account.
5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the ML feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a ML template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, ML cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. ML, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. ML will terminate your use of its Products if ML determines that your level of spam complaints is higher than industry norms.
5.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that ML may add an identifying footer stating "Powered by ML" or a similar message.
5.4 Use of Images Hosted by Marketing Live. Images hosted by ML on Marketing Live controlled servers may only be used in connection with the Products and for no other purpose whatsoever.
5.5 Prohibited Content. ML prohibits the use of the Products or web site by any person or entity that:
5.6 Right to Disable Access. ML, at its own discretion, may immediately disable your access to the Products without refund if ML believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
6. Restrictions and Responsibilities
6.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. 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 Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software. Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by ML in connection with the Products. Violation of these restrictions may result in the termination of this Agreement. 6.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that ML perform such work at its standard professional services rates. ML can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities. 6.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although ML has no obligation to monitor the content provided by you or your use of the Products, Marketing Live may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that ML believes may be (or is alleged to be) in violation of the foregoing. 6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless ML and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable 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 messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that ML has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. 6.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to ML. ML may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of ML, ML may share your information with the marketing partner and the marketing partner may share related information with ML. ML will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from ML due to unsolicited commercial email being sent from your ML account. ML will never sell or rent your contact lists to anyone without your permission. In the event ML amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision. 6.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to ML or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to ML by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to ML by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—ML a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner. 6.7 Use of Links. In connection with the Bundled Products, you hereby agree that you shall only distribute links to the bundled products mentioned herein.
6.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. 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 Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by ML in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
6.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that ML perform such work at its standard professional services rates. ML can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although ML has no obligation to monitor the content provided by you or your use of the Products, Marketing Live may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that ML believes may be (or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless ML and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable 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 messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that ML has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to ML. ML may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of ML, ML may share your information with the marketing partner and the marketing partner may share related information with ML. ML will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from ML due to unsolicited commercial email being sent from your ML account. ML will never sell or rent your contact lists to anyone without your permission. In the event ML amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
6.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to ML or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to ML by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to ML by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—ML a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
6.7 Use of Links. In connection with the Bundled Products, you hereby agree that you shall only distribute links to the bundled products mentioned herein.
7. Termination
You may terminate this Agreement at any time by calling ML Customer Support. There are no refunds for any fees paid.
ML may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. ML shall have no liability to you or any third party because of such termination or action.
ML may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. ML will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at ML's sole discretion) as inactive for over 120 days, ML has the right to permanently delete your subscriber data. ML will use good faith efforts to contact you via email prior to taking any permanent removal actions.
8. Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MARKETING LIVE DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND MARKETING LIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for Marketing Live to use commercially reasonable efforts to adjust or repair the Products.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CONSTANT CONTACT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CONTACTS LIVE") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, CONTACTS LIVE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF CONTACTS LIVE TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY CONSTANT CONTACT TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Restricted Persons; Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify ML within twenty-four (24) hours, and Marketing Live shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to ML.
You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
11. Links to Third-Party Web Sites
This web site may contain links to non-ML web sites. These links are provided to you as a convenience, and ML is not responsible for the content of any linked web site. Any non-ML web site accessed from this web site is independent from ML, and ML has no control over the content of that web site. In addition, a link to any non-ML web site does not imply that ML endorses or accepts any responsibility for the content or use of such web site.
12. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by ML of that third party or of any product or service provided by a third party.
14. Open Positions on Career Pages
Marketing Live may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
15. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. ML 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 on-line, by e-mail or by phone. ML has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. ML shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
Due to the nature of this data (email addresses, phone numbers and fax numbers) all sales are final and non-refundable. By processing your order and submitting your contact and credit card information you are entering into a binding purchase contract. This has been done to protect the integrity of our databases from fraudulent activity and those who are looking to steal our data. Data is sold as is without warranties or guarantees.I authorize Marketing Live to charge my credit card in full for any products purchased from Marketing Live & its affilliate sites I further affirm that the name and personal information provided on this form are true and correct. I further declare that I have read, understand and accept Marketing Live's business terms as published on their web site www.mktlive.com By placing an order from Marketing Live, I agree to pay Marketing Live in full.
16. Miscellaneous
16.1 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. 16.2 ML and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. 16.3 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 ML in any respect whatsoever. 16.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees. 16.5 Phone numbers scrubbed through Do Not Call list every 30 days. 16.6 All pricing available to authorized assignees herein is also available to members of the general public up written request, regardless of any affiliation or relationship with subscribers. 16.7 The Agreement shall be governed by the laws of the California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Corona, California.
16.1 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.
16.2 ML and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
16.3 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 ML in any respect whatsoever.
16.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
16.5 Phone numbers scrubbed through Do Not Call list every 30 days.
16.6 All pricing available to authorized assignees herein is also available to members of the general public up written request, regardless of any affiliation or relationship with subscribers.
16.7 The Agreement shall be governed by the laws of the California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Corona, California.
License Agreement: ConsumerDataLeads TM License Agreement ("Agreement") accompanies the ConsumerDataLeadsTM online registration form ("ConsumerDataLeadsTM"), the direct marketing lists obtained from ConsumerDataLeadsTM and the data contained within the direct marketing lists (collectively, the "Services"). Consumer Data Leads grants you ("Customer") a limited, non-exclusive, non-transferable license to use the Services, provided you accept the following terms on behalf of the company entered into the registration information: 1. Property. The Services and all intellectual property rights therein are owned by Consumer Data Leads. No ownership rights are granted by this Agreement and, except for the limited license provided, Consumer Data Leads reserves all rights in and to the Services and all underlying data compilations and information contained therein, including but not limited to the exclusive intellectual property rights and the right to grant further licenses. Customer acknowledges that the Services are the proprietary property of Consumer Data Leads and are a valuable commercial product, the development of which involved an expenditure of substantial time and money by Consumer Data Leads. 2. Permitted Use. The Services are solely for use within Customer's own organization by Customer's own employees. Customer shall be permitted to use the Services solely for Customer's own internal direct marketing purposes. Customer may use each address or telephone number connected to a given property one (1) time only for direct marketing activities, including but not limited to: promoting, marketing, surveying or soliciting by Customer, by way of telemarketing, email marketing, any other advertising or promotional materials, such as flyers, pamphlets, brochures, mailers, video or audio tapes or electronic mail, whether in print or other media. 3. Restrictions on Use. Both during and after the term of this Agreement, Customer agrees as follows: (a) Customer shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted in this Agreement, (ii) permit any parent, subsidiary, other affiliated entity or other third party, including any third party entity involved in a joint marketing arrangement with Customer, to use the Services or any portion thereof, (iii) grant access to the Services, or any portion thereof, to individuals incarcerated in prisons or correctional institutions, (iv) allow access to the Services through any terminal located outside of Customer's operations, (v) use the Services outside the United States. (b) Customer shall not: (i) resell, relicense or redistribute the Services in whole or in part without the prior written consent of CONSUMER DATA LEADS, (ii) use the Services to create any derivative products, (iii) use the Services to create, enhance or structure any database in any form for resale or distribution, (iv) process or permit to be processed the Services or any portion thereof, with other data from any other source, (v) merge or incorporate the Services with any other file, (vi) use the Services to enhance a file or list owned by any third party, (vii) use the Services to develop any list, enhancement or product, or (viii) use the Services to prepare, publish, clean or maintain any directory. (c) Customer shall (i) comply with the published guidelines of the Direct Marketing Association, other applicable industry guidelines, and all federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions regarding the use, storage and dissemination of data such as the Services, (ii) abide by all prevailing federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, including but not limited to those governing fair information practices and consumers' rights to privacy, and any applicable non-solicitation laws and regulations; (iii) limit access to consumer information to those individuals who have a "need to know" in connection with Customer's business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices and consumers' right to privacy; (iv) abide by CONSUMER DATA LEADS's privacy policies and Customer's own privacy policies; and (v) use the Services in a manner that gives due consideration to matters concerning privacy. (d) Customer understands that the data has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Customer shall not use the Services (i) as a factor in establishing an individual's eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the Services to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (vi) in any other manner that would cause such use of (f) Customer shall be solely responsible for maintaining the confidentiality of all usernames and passwords used by its employees and Customer shall be responsible for all use and fees associated with accessing the data with the password, whether or not authorized by Customer (g) Customer shall not use the Services for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (ii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing. (h) Customer shall not remove, alter or obscure any proprietary notices in the Services and will reproduce all such notices on all copies or portions thereof. (i) Customer shall not refer to any selection criteria or any presumed knowledge about the consumer being contacted in any direct mail solicitation, telephone solicitation or survey. 4. Fees. In consideration of the rights granted to Customer hereunder, Customer shall pay to CONSUMER DATA LEADS the fees stated within the Services. By submitting an order to CONSUMER DATA LEADS, Customer authorizes CONSUMER DATA LEADS to charge the credit card entered into Marketing Live by Customer for the Services at the fees stated within the Services. Fees are exclusive of use, ad valorem, personal property, and other taxes, which are the responsibility of Customer. CONSUMER DATA LEADS shall charge Customer applicable sales tax, and Customer shall be responsible for filing all other taxes. CONSUMER DATA LEADS reserves the right to change the fees for the Services at any time. Additional charges may apply for training users at Customer locations. Customer shall provide all Internet connectivity, hardware and software necessary to access Marketing Live. 5. Term and Termination. The initial term of this agreement commences on the effective date of registration and initial payment received, and continues on a month-to-month basis, during which either party may terminate the agreement on THIRTY (30) DAY prior written notification by email to info@consumerdataleads.com. Accounts billed monthly to credit card on file. If either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within five (5) days following such notice. Upon termination of this Agreement by either party, Customer, at its own expense, shall return all Services to CONSUMER DATA LEADS or certify that the Services have been destroyed within ten (10) business days of termination, and any amounts unpaid by Customer shall be immediately due and payable. Failure to return or certify the destruction of the Services to CONSUMER DATA LEADS will result in: (i) Customer's obligation to pay a perpetual license fee for the Services; or (ii) Customer's obligation to permit CONSUMER DATA LEADS's agent to have access to Customer's premises for the retrieval of the Services and Customer shall pay the actual costs as reasonably incurred by CONSUMER DATA LEADS to retrieve same. 6. Disclaimer. THE SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA, SUBJECT TO FREQUENT CHANGE. CONSUMER DATA LEADS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER'S OWN RISK. CONSUMER DATA LEADS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER'S USE OF THE SERVICES. 7. Limitation of Liability. CONSUMER DATA LEADS's TOTAL LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO CONSUMER DATA LEADS DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. CONSUMER DATA LEADS SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF CONSUMER DATA LEADS IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. CUSTOMER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO CUSTOMER ABSENT SUCH LIMITATIONS. 8. Indemnification. CUSTOMER AGREES TO INDEMNIFY AND HOLD CONSUMER DATA LEADS HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY THE CUSTOMER, OR ATTRIBUTABLE TO CUSTOMER'S BREACH OF THIS AGREEMENT; PROVIDED THAT CONSUMER DATA LEADS GIVES CUSTOMER PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM. CONSUMER DATA LEADS SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND CUSTOMER SHALL COOPERATE WITH CONSUMER DATA LEADS IN DEFENDING AGAINST SUCH CLAIM. 9. General. (a) Unless specified otherwise in a fully-executed license agreement with CONSUMER DATA LEADS, this Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes any prior understanding or agreement, oral or written, relating to the Services. (b) The interpretation and construction of this Agreement, and all matters relating hereto, shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within California. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Riverside County Branch and the Superior and Municipal Courts of the State of California, Riverside County in any litigation arising out of relating to this Agreement or its subject matter. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) The prevailing party shall be awarded its reasonable attorney's fees and costs in any lawsuit arising out of or related to this Agreement. (d) No modification, amendment, supplement to or waiver of any provision of this Agreement shall be effective unless in writing and duly signed by an authorized representative of both parties hereto. (e) Any provision of this Agreement that contemplates performance subsequent to the expiration or earlier termination of this Agreement shall survive such expiration or termination and shall continue in full force and effect until fully satisfied. (f) CONSUMER DATA LEADS shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond CONSUMER DATA LEADS's reasonable control. (g) Customer may not assign this Agreement or any rights or obligations hereunder. (h) Neither party shall use, or permit their respective employees, agents and subcontractors to use the trademarks, service marks, copyrighted material, logos, names, or any other proprietary designations of the other party, or the other party's affiliates, whether registered or unregistered, without such other party's prior written consent. (i) Except with CONSUMER DATA LEADS's prior written approval, Customer shall not disclose CONSUMER DATA LEADS as a data source to any third party, unless required by federal, state or local laws or government regulations and with prior written notice to CONSUMER DATA LEADS. (j) Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data. (k) Any notice or other communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by one of the following methods: (a) registered U.S. mail, return receipt requested (postage prepaid); (2) certified U.S. mail, return receipt requested (postage prepaid); or (3) commercially recognized overnight service with tracking capabilities. Notices to CONSUMER DATA LEADS shall be sent to 987 Magnolia #103, Corona, CA 92879. Notices to Customer shall be sent to the address entered by Customer in the Marketing Live/Consumer Data Leads registration information. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service. By accessing the information contained within Marketing Live and clicking "I Accept," Customer agrees to be bound by all terms and conditions contained in this Agreement. By clicking "I Accept," you assert that you are an authorized agent of Customer with the authority to bind Customer to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained herein, you may not use the Services. Additional Information
If you have any questions about the rights and restrictions above, please contact Marketing Live, Inc. by email at info@marketinglive.com.
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