By using YesData you agree to the terms and conditions in this agreement. All YesData subscribers are subject to these Terms and Conditions.
1. Permitted Uses and Restrictions
YesData grants you a limited, non-exclusive, non-transferable license to our databases (“Data”) for the following permitted uses:
- You may not sell, license, dispense, or in any other way distribute any part of the Data to any third party.
- You agree to comply with all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, the CAN-SPAM Act and the National Do Not Call Registry.
- Multiple instances of simultaneous usage from more than one location, or sharing your account, may result in the suspension or cancellation of your account. We reserve the right to terminate or restrict your use of our service and to terminate this Agreement, without notice.
2. Limited Warranty Disclaimer and Limitation of Liability
ALL DATA AND SERVICES PROVIDED ARE SOLD “AS IS.” NO WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN HEREUNDER. Under no circumstances shall the maximum liability of YesData or its affiliates exceed more than the amount paid by the customer.
YesData and you agree to submit any and all claims, demands, disputes, controversies, or causes of action, arising out of or relating to this Agreement, (Individually and collectively “Claims”), to binding arbitration before the American Arbitration Association (“AAA”).
Subscription and Billing
Term of the subscription (“Term”): Monthly subscriptions will automatically renew for another month unless you cancel prior to your billing date. The Term for a monthly subscription is one month.
Upon request, you may cancel your yearly subscription after the first 30 days, but you will not be eligible for any refund. Upon cancellation, you will lose access to YesData immediately and you may lose any unused credits. At the end of your yearly subscription, your subscription will automatically renew for another year unless you cancel 30 days prior to your billing date. The Term for a yearly subscription is one year.
Billing: You authorize the Company to charge your authorized payment method (the “Payment Method”) the monthly or yearly subscription fee plus a one-time set-up charge. Recurring payments will automatically be drafted from the account for the remainder of the Term.
YesData reserves the right to terminate your subscription if for any reason a Payment Method is cancelled, terminated, declined or if YesData believes a payment may be challenged or dishonored. However, you are still responsible for the balance of payments for the remainder of the Term.
4. Interruption of Service
You acknowledge that, given the technical nature of resources YesData requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in YesData having any liability to you or others and shall not suspend or eliminate your payment obligations to YesData or provide you with any refund rights for amounts previously paid to YesData.
5. Additional Remedy of Termination
In addition to all other legal rights and remedies available to YesData for any apparent, threatened, or actual breach or violation of the Agreement by you, YesData has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if YesData believes you are not complying in full with the Agreement.
6. Governing Law; Jurisdiction
The Agreement shall be governed by and construed under the laws of the State of New York, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Westchester County, New york, and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
7. Execution; Counterparts
The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format, and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.
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