Terms and Conditions
GENERAL TERMS AND CONDITIONS OF REAL ESTATE DATALYST PRODUCTS AND SERVICES
In this agreement (the "Agreement"), the words "you" and "your" refer to the party utilizing the Real Estate Datalyst
Products/Services and the term " Real Estate Datalyst Products/Services " refers to any products or services (including, but not
limited to data, research, reference materials, e-mail marketing and/or data mining) provided by Real Estate Datalyst and/or its
affiliated companies.
Limited license:
This Limited License strictly PROHIBITS your ability to sell or share our Products/Services including data of any type, potentially or otherwise compete, directly or indirectly, as a principal or
any affiliate type, with any Real Estate Datalyst Products/Services. This Agreement and full and proper payment of all amounts due to Real Estate Datalyst, Real Estate Datalyst grants you a
personal, nontransferable and nonexclusive Limited License to possess and use the Real Estate Datalyst Products/Services solely for your
direct marketing, research, reference or customer prospecting purposes in strict accordance with the terms of this Agreement.
This Limited License strictly prohibits the non-personal,
competitive, commercial use or advertisement of our Products/Services in any way in conjunction with any contact data
sales/rental/reseller/affiliate, e-mail marketing platform, e-mail marketing business, e-mail marketing arrangement or e-mail
marketing affiliation with such for profit or non-profit, enticement or non-enticement, material gain or non-material gain, etc.
Commercial License:
A Commercial License legally ALLOWS you the ability to sell and/or commercially use our Products/Services and data of any type. A Commercial License cannot be purchased online through any of our websites and can only be purchased directly. Contact Us through our website submit form or call the phone number on the Contact Us page Monday - Friday 10am - 5pm Eastern Time to make contact directly. The Commercial License cost is equal to ten (10) times our retail price or three (3) times the resellers retail price - whichever is greater. The Commercial License is designed for the customer's use in a commercial capacity with certain marketing and non competitive restrictions.
Any data purchased from Real Estate Datalyst is transacted as a Service, fees rendered are for our ability to gather very specific
business intelligence marketing data and is sold as such, and not a tangible Product.
Your responsibilities:
Except to the extent specifically authorized in writing by Real Estate Datalyst, you cannot share or sell the Real Estate Datalyst
Products/Services and you are responsible to Real Estate Datalyst for any use of it. Notice: Real Estate Datalyst actively
incorporates beacon type and other like tracking devices/software/monitoring in all data products/services to enforce our terms
and conditions. Furthermore: You expressly agree to this monitoring and agree that it does not violate your privacy or the
privacy of any end user; whether authorized or unauthorized, related or unrelated or who may use Real Estate Datalyst
Products/Services, whomever they shall be. You agree and warrant that: a) you will not provide access to any portion of the
Real Estate Datalyst Products/Services to any unauthorized party without the prior written consent of Real Estate Datalyst; b)
you shall use your best efforts to prevent the misuse and unauthorized use of the Real Estate Datalyst Products/Services; c) you
will not use any Real Estate Datalyst Products/Services for any purpose(s) covered by the federal Fair Credit Reporting Act (15
U.S.C. ยง 1681 et seq.) or any similar statute or regulation; c) you shall not name Real Estate Datalyst or its affiliated companies
or refer to the use of Real Estate Datalyst Products/Services in any advertisements, promotional or marketing material; and d)
you shall indemnify and hold harmless Real Estate Datalyst, its affiliated companies and their respective officers, employees and
agents ("Indemnified Parties") against any loss, liability, damage, cost or expense (including, but not limited to, reasonable
attorneys' fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use
of the Real Estate Datalyst Products/Services or the breach of this Agreement.
Compliance monitoring and enforcement:
It is an express condition of this Agreement that in using the Real Estate Datalyst Products/Services: a) you and any authorized
users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local statutes and
regulations, including, but not limited to, laws and regulations regarding telemarketing, e-mail marketing, fax marketing,
customer solicitation and privacy; and b) that you and any authorized users shall fully comply with any do not call, do not fax,
do not e-mail laws and/or statutes and are bound to review and verify all contact data and scrub from your marketing any
contact data that does not comply. Real Estate Datalyst is not responsible for your marketing campaigns, strategies, plans,
modeling, set up, scrubbing of unusable data or use of contact data that violates any of the above; and c) that you and any
authorized users shall fully comply with all applicable Direct Marketing Association ("DMA") guidelines, if you or your
authorized users are DMA members. If you or your authorized users are not DMA members, you and your authorized users are
encouraged to comply with all applicable DMA guidelines. Real Estate Datalyst further reserves the right to review materials to
be used by you in promotions to ensure that your use of the Real Estate Datalyst Products/Services is both appropriate and in
accordance with the permitted uses of the Real Estate Datalyst Products/Services; however, Real Estate Datalyst's failure to
review any such materials shall not constitute Real Estate Datalyst's acceptance of the materials or in any other way waive any
rights Real Estate Datalyst may have or limit any obligations you may have with regard to the use of the Real Estate Datalyst
Products/Services. Real Estate Datalyst may also randomly monitor (through any means) your use of the Real Estate Datalyst
Products/Services to ensure that your use is in accordance with the permitted uses of the Real Estate Datalyst
Products/Services.
Exclusive limited warranty and limitation of liability:
ALL REAL ESTATE DATALYST PRODUCTS/SERVICES ARE PROVIDED ON A STRICTLY "AS IS" BASIS. REAL
ESTATE DATALYST DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR
COMPLETENESS OF THE REAL ESTATE DATALYST PRODUCTS/SERVICES AND EXCEPT AS EXPLICITLY
PROVIDED FOR BELOW, REAL ESTATE DATALYST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY
NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY
AND ALL SUCH WARRANTIES, REAL ESTATE DATALYST OFFERS TO YOU THE FOLLOWING LIMITED
WARRANTIES. YOU SHALL HAVE ONE (1) CALENDAR DAY AFTER PURCHASE OF THE REAL ESTATE DATALYST
PRODUCTS/SERVICES, TO INSPECT AND NOTIFY REAL ESTATE DATALYST OF ANY MATERIAL MISTAKE (THIS
DOES NOT INCLUDE DISCOUNTS OR SPECIAL OFFERS THAT WERE ADVERTISED BUT NOT UTILIZED BY
PURCHASER OR PURCHASED CONTACT MARKETING DATA THAT IS NOT USABLE/SUITABLE FOR ANY SPECIFIC
MARKETING - ALL INDIVIDUAL CONTACT MARKETING DATA IS SOLD ON AN AS-AS BASIS). IF REAL ESTATE
DATALYST HAS MADE A MATERIAL MISTAKE (YOU PURCHASED PRODUCT/SERVICE "A" AND RECEIVED
PRODUCT/SERVICE "B"), THEN REAL ESTATE DATALYST WILL CORRECT THE MISTAKE AT NO ADDITIONAL
CHARGE. IF YOU DON'T NOTIFY REAL ESTATE DATALYST OF ANY MISTAKES WITHIN THE ONE (1) CALENDAR
DAY PERIOD REAL ESTATE DATALYST SHALL HAVE NO FURTHER OBLIGATION WHATSOEVER TO YOU.
CONCERNING OUR LIMITED 95% E-MAIL ADDRESS DELIVERABILITY GUARANTEE. REAL ESTATE DATALYST
WILL GUARANTEE THAT OUR E-MAIL ADDRESSES FROM ANY OF OUR INDIVIDUAL DATABASES WILL NOT
PRODUCE MORE THAN A 5% HARD BOUNCE RATE WITHIN SEVEN (7) CALENDAR DAYS OF DATA PURCHASE.
ANY CLAIMS THAT ARE VERIFIED BY REAL ESTATE DATALYST WILL RECEIVE A PRORATED REFUND FOR EACH
ADDRESS. THE PRORATION IS BASED ON THE ORIGINAL PURCHASE PRICE AND THE NUMBER OF TOTAL
E-MAIL ADDRESSES IN THE ORIGINAL DATABASE. CLAIMS MUST ORIGINATE FROM ACTUAL E-MAIL SENDING
AND NOT FROM SMTP HANDSHAKE PROGRAMS THAT DO NOT ACTUALLY SEND MAIL. COMPLETE CLAIMS (NO
INCOMPLETE CLAIMS WILL BE ACCEPTED) MUST BE PRESENTED TO REAL ESTATE DATALYST AND TIME &
DATE STAMPED WITHIN SEVEN (7) CALENDAR DAYS OF PURCHASE RECEIPT OR THE CLAIM WILL NOT BE
VALID. IN THE EVENT A CUSTOMER HAS A CLAIM, THE CUSTOMER SHALL QUARANTINE ALL SUSPECT E-MAIL
ADDRESSES INTO AN EXCEL 2007 VERSION SPREADSHEET AND SEND TO REAL ESTATE DATALYST FOR OUR
VERIFICATION ALONG WITH THE CAMPAIGN MANAGEMENT INFORMATION, IP ADDRESS(S) , DOMAINS, ETC.
THAT WERE USED IN CONJUNCTION WITH THE CLAIM AND ANY OTHER DATA DEEMED NECESSARY BY REAL
ESTATE DATALYST TO ESTABLISH HOW THE E-MAIL ADDRESSES WE USED. WE SHALL CHECK EACH E-MAIL
ADDRESS THROUGH OUR E-MAIL BOUNCE PROCESSOR AND ONLY GIVE CREDIT FOR A TRUE HARD BOUNCE
CODE 550 AND NO OTHER (WE ARE NOT RESPONSIBLE FOR YOUR BOUNCE PROCESSOR OR IT'S
PREDEFINED RULES TO WHAT IT DEEMS TO BE A HARD BOUNCE). CREDIT WILL NOT BE GIVEN FOR THE
FOLLOWING TYPES OF BOUNCES: NON BOUNCE, SOFT BOUNCE, GENERAL BOUNCE, TRANSIENT BOUNCE,
MAIL BLOCK, AUTO REPLY, E-MAIL FORWARD PASS THROUGH BOUNCE, CHALLENGE RESPONSE, DEFERMENT,
ETC. ALSO, THE GUARANTEE SHALL BECOME NULL AND VOID IF THE CUSTOMER HAS IN ANY WAY VIOLATED
THEIR TERMS OF SERVICE IN CONNECTION WITH THEIR E-MAIL SENDING PRACTICES WITH THEIR HOST ISP,
MAIL SERVER, RELAYING, ETC. YOU EXPRESSLY AGREE THAT REAL ESTATE DATALYST SHALL NOT BE LIABLE
FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT,
SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF
THE REAL ESTATE DATALYST PRODUCTS/SERVICES WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION
BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY
OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE OR SHOULD THIS LIMITED WARRANTY FAIL
OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REAL ESTATE DATALYST'S ENTIRE LIABILITY EXCEED THE
TOTAL AMOUNT YOU PAID TO REAL ESTATE DATALYST UNDER THIS AGREEMENT.
General:
(a)This Agreement shall be governed and construed by the laws of the State of North Carolina, United States of America
without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or your
use of the Real Estate Datalyst Products/Services shall be brought within the jurisdiction of the courts located within
Mecklenburg County, North Carolina, United States of America. This Agreement, and the rights and obligations of the parties
under this Agreement will not be governed by the provisions of the United Nations Convention on Contracts for the International
Sale of Goods. The parties further have expressly requested that this Agreement be drawn up in the English language.
(b) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate
to the specific Real Estate Datalyst Products/Services provided constitute the entire agreement between you and Real Estate
Datalyst on the subject matter. Any additional or different terms or conditions in any other document, including without
limitation any of your purchase orders, shall be of no effect.
(c) This policy may be amended from time to time at the discretion of Real Estate Datalyst.
(d) Without limiting any other remedies it may have at law or in equity, Real Estate Datalyst reserves the right to terminate this
Agreement immediately without further notice if Real Estate Datalyst has reason to believe Customer is not complying with this
or any other express condition of use.
Your consent:
USE OF THE REAL ESTATE DATALYST PRODUCTS/SERVICES PROVIDED CONSTITUTES YOUR CONSENT TO
THIS AGREEMENT. DO NOT USE THE REAL ESTATE DATALYST PRODUCTS/SERVICES IF YOU FIND THESE
TERMS UNACCEPTABLE.
Legal:
Please also visit our Legal section establishing the use, disclaimers, and limitations of liability governing the use
of our websites including www.realestatedatalyst.net
Changes to our Terms and Conditions:
If we decide to change our Terms and Conditions, we will post those changes on this page, and/or update the Terms and Conditions
modification date below.
This policy was last modified on January 1, 2012.