This privacy notice discloses the privacy practices for www.listservicedirect.com. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "http" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Last Updated: Oct 04, 2012
These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any marketing or email data or services provided by List Service Direct, Inc. or its affiliated companies (“LSDI”), which data or services are referred to collectively as the “Data.”
(a) The term “LSDI Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by LSDI, work product produced by LSDI, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by LSDI, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which LSDI may develop, use or rely upon in providing the Data to you.
(b) All LSDI Property shall be and will remain the property of LSDI.
(c) As between you and LSDI, LSDI shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the LSDI Property and the Data.
2. Limited License
under which you may access and use the Site. This Site also contains various information
in the form of reports, data, text and other materials about us, as well as third-party
content thaUpon your execution of the Agreement and the payment of all amounts due LSDI, you are granted a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by LSDI, either (a) return the Data to LSDI without retaining any copies thereof or any notes or other information thereon or (b) provide a certificate, executed by you, in form and substance satisfactory to LSDI, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
3. Limitations on Use
(a) Unless specifically authorized in advance and in writing by LSDI, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to LSDI or your use of the Data in any of your advertisements or promotional or marketing materials.
(c) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.
4. Your Responsibilities; Use of Email Data; Review and Audit by LSDI
(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
(b) Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.
(c) LSDI reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of LSDI to review such use will not constitute acceptance of such use or waive any of LSDI’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, LSDI may audit your records to determine whether you are in compliance with this Agreement and you will make available to LSDI or its representatives all records necessary for the conduct of such an audit.
5. Disclaimer of Warranties; Limited Warranty
THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. LSDI DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, LSDI DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 14 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY LSDI OF ANY PROBLEMS OR MISTAKES IN THE DATA AND IF YOU SO NOTIFY LSDI WITHIN THAT 14-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.
6. Limitation of Liability
Except as provided in the last sentence of Section 5, LSDI will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by LSDI to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether LSDI was advised of the possibility of such damages. LSDI’s maximum liability under the last sentence of Section 5 will not exceed the amount you paid LSDI under the Agreement within the 12 months preceding the event which gave rise to LSDI’s liability.
7. Your Indemnification of LSDI
You shall indemnify, defend and hold harmless LSDI, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
8. Interruption of Service
You acknowledge that, given the technical nature of resources LSDI 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 LSDI having any liability to you or others and shall not suspend or eliminate your payment obligations to LSDI or provide you with any refund rights for amounts previously paid to LSDI.
9. No Assignment by You
You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of LSDI, whether by operation of law or otherwise, and any attempt to do so shall be void.
10. Additional Remedy of Termination.
In addition to all other legal rights and remedies available to LSDI for any apparent, threatened or actual breach or violation of the Agreement by you, LSDI has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if LSDI believes you are not complying in full with the Agreement.
11. Governing Law; Jurisdiction
The Agreement shall be governed by and construed under the laws of the State of New Jersey, 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 Bergen County, NJ 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.
12. Payment for Non-Invoiced Products
(a) Payment: You agree to pay LSDI a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then current subscription price.
(b) Recurring Billing: Your acceptance of these terms constitutes your authorization to LSDI to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide LSDI with complete and accurate billing and contact information and to update that information with thirty (30) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations.
(c) Interest Charges: There will be interest charges on any amounts which you fail to pay when due at the rate of 1.5% a month, or such lower rate as may be equal to the maximum rate allowed by applicable law, on the unpaid amount.
13. Entire Agreement; Amendment or Waiver
The Agreement contains the entire understanding between you and LSDI and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and LSDI. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
14. 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.