This Agreement sets forth the legally binding terms governing your use of the services and resources provided by JozEmailList (referred to as "End User," "You," or "Buyer"). JozEmailList reserves the right to modify this Agreement at any time, with such changes taking effect immediately upon the publication of the updated terms.
By accessing, using, or registering for the Service provided by JozEmailList (referred to as the "Service"), you confirm that you have reviewed and understand these End User Terms of Service, including all its content and provisions (collectively, this "Agreement"). You acknowledge that this Agreement serves as a legally enforceable document equivalent to a signed written agreement, and you agree to be bound by the terms and conditions outlined herein.
It is your responsibility to periodically review this Agreement to stay informed of any updates, changes, or amendments. Continued access, purchase, or use of the Service will be deemed your acceptance of the revised Agreement.
By engaging in transactions on the Official Site, the User agrees to comply with the Terms and all other provisions posted on the Website, as well as any applicable laws. The User commits to avoiding any actions that could interfere with the Website's functionality or cause it to become unresponsive. When participating in commercial activities, the User is required to adhere to the Non-Solicited Pornography and Marketing Act of 2003 (the "Can Spam Act"), the General Data Protection Regulation ("GDPR"), and other relevant regulations (collectively, "Applicable Laws").
The User is solely responsible for managing and safeguarding any information acquired from the Site, including their username and password. If the User becomes aware of unauthorized use of their credentials, they must immediately inform the Company. All actions conducted through the User's account will be attributed to the User. The User accepts responsibility for any harm caused by unauthorized use or loss of such information.
If the User creates an account on behalf of an institution or company, they confirm that they have the necessary authorization to act on its behalf. The User is prohibited from transferring or permitting third parties to use their username, password, or membership profile under any circumstances.
The Company strives to comply with applicable laws in its data collection and processing activities. In light of GDPR requirements, the Company has implemented a "Legitimate Interest Assessment" (LIA) and will periodically update it. However, the Company does not bear responsibility for the accuracy or use of the Data. The User is solely responsible for ensuring compliance with laws related to telemarketing, email marketing, data security, privacy, and other relevant legislation while using the Data.
The User accepts full legal, administrative, and criminal responsibility for any misuse of the information. The Company is not liable for damages caused by the User’s actions on the Site or through their use of the Data, nor for any violation of these Terms or applicable laws. Any complaints or damages resulting from the User's misuse of the Data must be addressed by the User, who will be required to cover such costs upon request. The User agrees to indemnify the Company from any unlawful use of the Data.
The User is granted a non-exclusive, non-transferable right to use the Data in accordance with the terms of this Agreement. The Data must not be used for purposes such as consumer credit applications, insurance underwriting, employment applications, tenant screenings, or any other prohibited uses under relevant laws. The User is fully responsible for any reliance on the Data.
The Company reserves the right to review promotional materials used by the User to ensure that the Data is being used correctly and in compliance with authorized purposes. Failure by the Company to review or object to such materials does not imply approval or waive any rights the Company may have. Additionally, the Company may randomly monitor the User's use of the Data through methods such as seeding to ensure compliance with approved uses.
Reselling, publishing, or distributing the Data, or making it available to third parties in whole or part, is strictly prohibited. The Data may only be used in accordance with the objectives set forth in these Terms. The Data may not be utilized in any way that directly competes with the Company's services. However, the User may use the Data, including by combining it with other data, to create machine learning models for the insurance industry ("Derivatives"). Any such Derivatives shall remain the sole property of the User, who is free to use and commercialize them without restriction.
The sale of the Data is final and non-refundable. By placing an order, the User enters into a legally binding transaction. The User grants the Company permission to charge them for any Data purchased via the Website.
For email databases: Purchases are non-refundable and final. The Company guarantees 95% deliverability for all email databases. If the deliverability falls below 95% and the User provides proof, the Company will replace the faulty contacts as soon as possible. Once an order is placed and payment is approved, the User will receive a download link for the complete product in Excel/CSV format. No refunds will be issued once the download is complete.
For non-email address databases: These are downloadable products sent via email after payment. No refunds are provided once a download has been made.
The User acknowledges that payment is processed via a third-party gateway, and the Company is not responsible for the storage of credit card information by the payment processor. The User also affirms that all provided contact and payment details are accurate.
The Company holds all intellectual property rights to the software, graphics, designs, logos, and other materials associated with the Website. Unauthorized copying, distributing, modifying, or using the content for any purposes other than those intended by the Website is strictly prohibited. Interfering with the operation of the software or placing undue strain on the Website’s resources is also forbidden.
The Company reserves the right to modify, add to, or discontinue these Terms and the Privacy Policy at its sole discretion. This may include reorganizing the Website or suspending its operations without prior notice or justification.
The Privacy Policy outlines how the Company handles User information. The Company agrees not to disclose User information outside the scope of these Terms and the Privacy Policy, except as necessary to fulfill its obligations. The Company may use cookies to collect non-personal information to enhance the Website’s functionality. By using the Website, the User consents to this collection and use of their information.
The User understands that access to the Website may be temporarily restricted for updates and changes to its content and services.
The Company disclaims any liability, whether direct or indirect, for any damages arising from a breach of contract, torts, or any other reason related to the access or use of the Website, its Data, other materials, programs, or any external sites linked to it.
The Company is not responsible for issues such as transaction disruptions, loss or deletion of data, communication delays, viruses, errors, theft, destruction, unauthorized access, or any unauthorized modification or misuse of records that may result from a breach of these Terms, torts, omissions, or other causes, including negligence.
By agreeing to these Terms, the User agrees to hold the Company harmless from any liabilities, claims, or damages (including legal fees and other expenses) arising from their access to or use of the Website or its linked sites, or from the misuse of the Data.
The Website may contain links to third-party websites, platforms, or content that the Company does not control. The User acknowledges that these links are not provided as endorsements or guarantees of the Website or its contents, nor does the Company assume any responsibility for the services or content of such third-party sites.
To the fullest extent allowed by applicable law, the Company is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of the Website or Data, including but not limited to loss of profit, goodwill, or business reputation.
The Company does not guarantee that the Data will meet any specific needs or purposes, and it is provided "as is." All features, content, and Data on the Website are provided without warranty, and the Company does not make any claims regarding their accuracy, authenticity, or security.
Furthermore, the Company disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, suitability for a specific purpose, or non-infringement.
The User acknowledges that the availability and quality of the Website and its content depend heavily on the quality of service provided by the relevant Internet Service Provider. The Company is not liable for any issues related to service quality, and the User understands that the Website may not operate flawlessly and that malfunctions are possible.
When using the Website or transferring data to or from it, the User acknowledges that the Company cannot guarantee the absence of viruses, malware, or unauthorized access to or from the Website. The Company is also not obligated to provide support, maintenance, updates, or new versions of any software related to the Website.
The Company has the right to suspend or permanently disable the User's access to the Website if the User fails to adhere to these Terms or any other rules and policies published on the Website. This may occur if the User's actions present legal, technical, or security risks, or if the User infringes upon the individual or commercial rights of third parties. The User agrees not to hold the Company liable in such cases.
The Company reserves the right to suspend or terminate the Website and/or these Terms at its discretion, either temporarily or indefinitely, without prior notice.
By accessing the Website, the User agrees that these Terms and Conditions, along with the Privacy Policy and any other terms and conditions provided on the Website, become immediately effective and binding.
The User and the Company agree that any legal or equitable claim or dispute arising between the parties, whether related to this or any prior versions of this Agreement, your use of or access to the services, or any products or services bought or sold through the services, will be resolved in accordance with the provisions outlined in this Dispute Resolution section.
Unless otherwise explicitly stated in the User Agreement, the User agrees that, with the exception of any conflicts with federal law, the laws of the State of New York will govern the Terms of Use and any claims or disputes between the User and the Company, without regard to conflict of laws principles.
If there is any dispute or claim related to this Agreement, your use of the Company’s Services, or any products or services you bought through the Company, both parties agree to resolve the issue through binding arbitration.
This arbitration will follow the Federal Arbitration Act and will be managed by the American Arbitration Association (AAA), following their rules, including the AAA Consumer Arbitration Rules where needed, as adjusted by this Agreement. The AAA will choose an arbitrator to handle the case.
If you need more information about AAA’s rules, you can call them at 1-800-778-7879 or visit their website at www.adr.org. Keep in mind that "arbitrator" in this section does not mean there will only be one arbitrator; the number will be decided based on AAA’s rules.
The party who loses the arbitration will be responsible for the arbitration costs, including legal fees.
If you have any questions about these terms or need assistance in resolving disputes, please contact us through the appropriate individuals designated for dispute resolution.