Legal Terms

This agreement sets out the legally binding terms of your use of the service provided by FrescoData to you (hereinafter referred to as “End User,” “You,” or “Buyer”). FrescoData may modify it occasionally, effective upon posting the modified agreement. By accessing, using, or registering for the service/data provided by FrescoData (hereinafter referred to as the “Service”), you agree that you have read and understand this End User Terms of Service and all of its contents (hereinafter referred to as this “Agreement “), intend this agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the agreement periodically to be aware of any such modifications, additions, deletions, or other changes, and your continued access, registration, or use of the Service shall be deemed your acceptance of the modified agreement.

Description of Service

The data/services provided by FrescoData enable the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, and other audiovisual or interactive features. Any new feature, enhancement, addition, change, or upgrade to the current Service shall be subject to the terms and conditions outlined in the agreement.

Intellectual Property

In consideration of your use of our service or data, FrescoData solely and exclusively owns all intellectual property and other rights, title, and interest in and to the service and all content and materials provided to you through the Service, including, but not limited to, any marketing lists, emails, text, and software (hereinafter referred to as the “Content”). All such content provided by FrescoData and its licensors through the Service is the sole and exclusive property of FrescoData, and any unauthorized use of the content may violate federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.

Except with written consent, the buyer shall not:

• Use the information to generate any statistical information that is sold, rented, published, furnished, or provided to a third party.
• Use the information to compare other databases, which are sold, rented, published, furnished, or in any manner provided to a third party.
• Use the information concerning individual credit, employment, or insurance applications.
• Rerent the information or otherwise permit any use of the data by or for the benefit of any party other than the buyer.
• Publish, distribute, or permit disclosure of the information other than to employees and agents of the buyer for internal use in the buyer’s business.

While we strive to achieve maximum data accuracy, we do not warrant our databases’ comprehensiveness, completeness, or accuracy. The databases are provided to customers “as is” without guarantee, and we make no express or implied warranties, including any express or implied warranties of merchantability or fitness for a particular purpose. We shall not be liable for any consequential, incidental, or special damages, lost profits, or any damages of a similar nature, even if we have been advised of the possibility of such damages. Due to the digital nature of the product, no refunds or returns will be entertained once the order has been delivered. The printed version of the list can also be made available on request with an additional shipping fee.

License

FrescoData grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Service and send, compose, read, print, save, and forward messages containing the content as described and limited in this agreement. You agree to access and use the Service for its intended purposes, subject to your compliance with this agreement. You are hereby prohibited from utilizing the Service for any other purpose or to alter the Content or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the site or through the Service for purposes prohibited by FrescoData, to compete with FrescoData, create derivative works based on any content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics, or other materials or content obtained through your use of the Service, in whole or in part, for commercial or non-commercial purposes. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, FrescoData may revoke the license granted to you.

End User Obligations

By accessing, using, or registering for the Service, you agree to:

• Provide accurate, complete, and current user information as requested by FrescoData at any time.
• Promptly and regularly update your user information to maintain its accuracy and completeness.
• Pay any fees or costs required to access the service.
• Provide all necessary equipment or materials to connect to the Internet to access, use, or register for the Service.

By providing any user information that is untrue, inaccurate, incomplete, or not current, FrescoData reserves the right to suspend or terminate your account and refuse any existing or future use of the Service, in whole or in part, by you. Occasionally, we ask you to sign an affidavit verifying that your list is permission-based.

Spamming

By accessing, using, or registering for the Service, you shall not use the Service, in whole or in part, in any way, to compose and send chain letters, junk electronic mail, “spam,” or any purpose that involves the distribution of lists to any third-party business or individual that has not given express specific permission to be included in such a list. Any electronic mail advertisement composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial, or personal relationship and which is not sent at the express request or consent of the recipient to receive such a message from you is strictly prohibited. FrescoData reserves the right to immediately terminate any End User’s license to access and use the Service if such End User uses the Service, in whole or in part, for Spamming purposes, and FrescoData reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you agree to notify FrescoData of any such breach promptly.

GENERAL

(a)This Agreement shall be governed and construed by the laws of the State of California, 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 FrescoData materials and services shall be brought within the jurisdiction of the courts in Orange County, California, 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 requested that this agreement be drawn up in English.

(b) The terms and conditions outlined in this agreement, along with any additional terms that may be provided related to the specific FrescoData LLC materials and services provided, constitute the entire agreement between you and FrescoData on the subject matter. Any additional or different terms or conditions in any other document, including any of your purchase orders, shall be of no effect.

(c) This policy may be amended occasionally at the discretion of FrescoData.

(d) Without limiting any other remedies it may have at law or in equity, FrescoData reserves the right to terminate this agreement immediately without further notice if FrescoData has a reason to believe that the customer is not complying with this or any other express condition of use.

(e) Upon early termination or expiration of this agreement for whatever reason, FrescoData will have the right to charge You 20% of the applicable service fees as demobilization costs.

Entire Agreement

This agreement represents the entire agreement between you and FrescoData concerning your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FrescoData for your use of the Service.

FrescoData will not monitor, edit, review, or disclose the contents of any messages composed or sent by an End User to a third-party recipient without the End User’s prior permission unless:

• As required by law.
• In compliance with legal authorities or during any legal proceeding.
• To enforce this agreement.
• To respond to any good faith belief or claim that such Message, or any of its contents, violates the rights or interests of any third party or violates this agreement.
• To protect the rights or property of FrescoData, its licensors, or any other third party.

As an End User composing and sending such Messages, you acknowledge and agree that technical processing of the Messages is required to send and receive such messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service and its equipment, to conform to other similar technical requirements, or as otherwise noted in our Privacy Policy.

FrescoData reserves the right to show the client’s logo and name on our site to represent that they use our service only for advertising purposes. Any client can be removed from said list by emailing or sending written confirmation.

Use of the FrescoData materials and services provided constitutes your consent to this agreement. DO NOT USE FrescoData materials and services if you find these terms unacceptable.