Terms of Use Agreement

BY BUYING THIS PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. Use Restrictions: LO-EmailListcom LLC dba Specialty Contact Databases grants to you, the End-User a non-exclusive, non-transferable license to use this product and the information it contains (the database "Content") subject to the following restriction: It may be used only by the purchasing End-user and may not be made available for any other use by loan or rental.

2. Proprietary Rights: The Databases are proprietary to LO-EmailListcom LLC dba Specialty Contact Databases and its sources and suppliers, and will remain the exclusive property of LO-EmailListcom LLC dba Specialty Contact Databases and its sources and suppliers, and the End-user obtains no rights therein except as set forth in this License. The Databases and the information contained therein may not be duplicated, transferred, sold or commercially exploited in any manner. End-user agrees to take reasonable measures, which ensure that such unauthorized use is not made. THE DATABASES HAVE BEEN "SEEDED" WITH A NUMBER OF FICTITIOUS RECORDS IN ORDER TO MONITOR AND ENFORCE COMPLIANCE WITH THIS AGREEMENT. THE DATABASE IS NOT MADE AVAILABLE FOR SALE TO TRADE PUBLICATIONS OR RESOURCE GUIDES THAT COMPETE IN A MANNER WITH LO-EmailListcom LLC dba Specialty Contact Databases PARTNER COMPANY, MORTGAGE PRO RESOURCES LLC WHOSE WEBSITE IS MORTGAGEPRORESOURCES.COM.

3. Disclaimer of Warranty on Databases and Software: THE DATABASES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. NEITHER LO-EmailListcom LLC dba Specialty Contact Databases NOR ITS SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PRODUCT IN TERMS OF THE ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY THE END-USER.

4. Limitations of Liability: In no event shall LO-EmailListcom LLC dba Specialty Contact Databases’s total liability to the End-User for all damages, losses and causes of action, whether in contract, tort (including negligence and strict liability) or otherwise, exceed the license fee for the product. NEITHER LO-EmailListcom LLC dba Specialty Contact Databases NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF LO-EmailListcom LLC dba Specialty Contact Databases HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Updates are available at any time. Cost per net new record is 5 cents. Additional updates may be provided and a fee may be charged for the updates, however, they are not a mandatory obligation of LO-EmailListcom LLC dba Specialty Contact Databases, for the purposes of this license agreement or any other purposes or implications.

6. Usage and Support: All LO-EmailListcom LLC dba Specialty Contact Databases, databases are "information", not "software". The product is delivered in popular database "formats" simply making it easily accessible for any database applications. "Information" requires no technical support. LO-EmailListcom LLC dba Specialty Contact Databases has no liability and is not authorized to support other vendor's database software. LO-EmailListcom LLC dba Specialty Contact Databases, as a courtesy, may post help pages on its web site or provide other technical support, yet holds no liability to do so.

7. End user is solely responsible to adhere to all regulatory requirements including, but not limited to, the CAN-Spam Act and the California Consumer Privacy Act. LO-EmailListcom LLC dba Specialty Contact Databases assumes no responsibility for the failure of the End User to comply with any and all federal, state and municipal regulations.

8. Undeliverable Records/Hard Bounces: Company will replace with new records or will refund the money by presented FAILURE list on over 1% of undeliverable records. The refund is available for the first 14 days after purchase.

9. DUE TO THE NATURE OF THIS SERVICE, ALL SALES ARE FINAL AND NON-REFUNDABLE. By processing your order and submitting your contact information you are entering into a binding purchase contract. This has been done to protect the integrity of our databases from fraudulent activity. I authorize LO-EmailListcom LLC dba Specialty Contact Databases to charge me in full for any products purchased. I further affirm that the name and personal information provided on this form are true and correct. I further declare that I have read, understand and accept LO-EmailListcom LLC dba Specialty Contact Databases business terms as published on their web site.

10. Complete Agreement: This license constitutes the entire agreement between the End-User and LO-EmailListcom LLC dba Specialty Contact Databases, which supercedes any proposal or prior agreement, oral or written, and any other communications between the End-User and LO-EmailListcom LLC dba Specialty Contact Databases relating to the subject matter of this License. No dealer, distributor, agent or employee is authorized to make any modifications or additions to this license. The laws of the State of Arizona and/or the United States of America shall govern any question concerning the validity, construction, or performance of this Agreement. End-User and LO-EmailListcom LLC dba Speciialty Contact Databases hereby further agree that venue and jurisdiction for any disputes shall be laid in the Courts of Pima County, Arizona, which the parties agree shall be the sole and exclusive venue of the resolution of any such disputes arising hereunder.

11. LISTS ARE NOT AVAILABLE FOR SALE TO OR FOR USE BY TRADE PUBLICATIONS AND DIRECTORIES.