Please Read These Terms and Conditions Carefully
Acceptance of Terms
When you (“You”) use Inbound Insight, LLC (“Inbound Insight”) Data and/or Services, the domain www.inboundinsight.com and its related domains and sub-domains and applications (collectively, the “Service” or “Services”), You agree to the following terms and conditions (the “Use Agreement”). In order to use our Data and Services, You must be at least 18 years old and able to form legally binding contracts under applicable law. Inbound Insight (or “We”) may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.
Access to the Data and Service
In order to use the Inbound Insight Data and Services, you must register for an account with your email address and a password. You must safeguard the password and email address You use to access our Data and Service. You are responsible for all activities that occur under your account, and You authorize us to assume that any person using the Data and Service with Your email address and password either is You or is authorized to act for You. You agree to immediately notify us of any unauthorized use of your account.
The term “Inbound Insight Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by Inbound Insight, work product produced by Inbound Insight, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by Inbound Insight, 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 Inbound Insight may develop, use or rely upon in providing the Data to you.
All Inbound Insight Property shall be and will remain the property of Inbound Insight.
As between You and Inbound Insight, Inbound Insight shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the Inbound Insight Property, Services and the Data. Limited License Upon your execution of the Agreement and the payment of all amounts due Inbound Insight, you are granted a personal, nontransferable and nonexclusive license to use the Service and to use the Data solely for your marketing, market research, customer or prospect analysis, customer or prospect insight and customer or prospect engagement purposes, in strict accordance with the terms of the Agreement. If no usage period is selected, the license’s term shall be for a period of one (1) year. Company shall retain all right, title and interest in and to the Production/Services and all intellectual property contained therein. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by Inbound Insight, either (a) return the Data to Inbound Insight 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 Inbound Insight, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
Limitations on Use of Data
Unless specifically authorized in advance and in writing by Inbound Insight, 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.
You will not name or refer to Inbound Insight or your use of the Data in any of your advertisements or promotional or marketing materials.
You will not use the Data for consumer credit purposes or the determination of consumer credit worthiness, 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. You shall not use Data as the sole source in generating a consumer report as defined in 15 USC §1681a.
You will not provide Service access or Data to any third party other than a Data Service Provider (that provides data enhancement services on Your behalf).
You will respond to all consumer inquiries about Your use of Data. You shall not make marketing solicitations using Data to individuals who have requested not to receive such solicitations from You.
You will adhere to all applicable laws and regulations relating to Your use of Data. You shall maintain administrative, physical, and technical safeguards that are no less rigorous than accepted data industry practices in order to prevent the release of any PII to unauthorized parties.
Your Responsibilities for Content & Conduct
You agree to provide accurate and current information when using our Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through our Service. You will not, nor will you permit or assist others to, use our Service for any unlawful purpose or for any purpose other than that for which they are intended. You warrant and represent that you have the legal right to possess, use or view any and all electronic data you transmit utilizing Inbound Insight Service, and that such data does not infringe a third party’s intellectual property rights or rights of publicity or privacy.
Payment of Fees
You agree to pay the fees for the Data as set forth in the Service or via invoices issued by Inbound Insight. Except where You are paying with a credit card, all amounts that are invoiced are due within thirty (30) days of the transaction date (the last day of the month in which the transactions occurred, for monthly invoices) unless otherwise granted in writing by Inbound Insight. In the event of a good faith dispute as to the calculation of an invoice, You shall immediately give written notice to Inbound Insight stating the details of any such dispute and shall promptly pay any undisputed amount. The acceptance by Inbound Insight of such partial payment shall not constitute a waiver of payment in full by Inbound Insight of the disputed amount. Any undisputed amounts not paid within thirty (30) days of receipt of invoice shall accrue interest at a rate of one percent (1%) per month or the maximum lawful rate, whichever is less. Notwithstanding anything to the contrary contained in this Agreement, failure to make timely payments shall constitute a default hereunder and shall entitle Inbound Insight to suspend its provision of the Products immediately and require payment in advance until Your account is paid in full. You agree to pay all fees owed to Inbound Insight regardless of whether You has received any payments owed to You by the You or any third party. Unless otherwise specified, all charges are exclusive of taxes. You will pay all taxes (including, but not limited to, sales, use, excise, value added, and gross receipts taxes) levied in connection with the Agreement (whether included on an invoice or identified during an audit), except taxes based upon Inbound Insight’s net income, corporate franchise, business license, payroll withholding or property taxes on Inbound Insight-owned assets. Inbound Insight will collect taxes from You only in jurisdictions that Inbound Insight has a business nexus. You will provide Inbound Insight with any state tax exemptions in a timely manner. If Inbound Insight does not collect taxes for any reason, You remain responsible for remitting taxes when appropriate to the applicable taxing authority as the consumer or reseller of the Products. The parties will cooperate with each other in connection with any audit, inquiry, trial, or appeal regarding taxes in connection with the Agreement, including any tax determination or exemption documentation.
You agree not to disrupt the functioning of our Service or act in a way that interferes with other users using our Service. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You agree not to access, tamper with or use non-public or non-authorized areas of this web site. Unauthorized individuals attempting to access these areas on the site may be subject to prosecution.
Interruption of Service
You acknowledge that, given the technical nature of resources Inbound Insight requires to provide the Data and Services to you, temporary interruptions may occur in the provision of Data and Services that any such interruptions shall not result in Inbound Insight having any liability to you or others and shall not suspend or eliminate your payment obligations to Inbound Insight or provide you with any refund rights for amounts previously paid to Inbound Insight.
Discretion Over Content, Use, Storage, And Operation of Our Service
We may edit, move, or delete any content in our Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce this Use Agreement, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Inbound Insight, its users, or the public, or (e) administer our Service.
We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
You may terminate this Agreement at any time by contacting customer service or by sending written notice to, Inbound Insight, LLC at 157 E 57th St, Ste 15E, New York, New York 10022. Please include your full name and the email address you used to register for and access our Service. Inbound Insight will send you an email confirmation once your account has been cancelled.
Inbound Insight reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time. Upon termination of your account for any reason, you will have no right to use our Service and We may delete any data pertaining to your account. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
You agree that We have the right at any time to modify or discontinue our Service, or any portion of our Service, with or without notice and for any reason. You further agree that Inbound Insight will not be liable to You or a third party due to the modification, discontinuance, or temporary suspension of the service.
Intellectual Property and Copyright
All materials on this site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Inbound Insight or owned by other parties who have licensed their intellectual property to Inbound Insight. Inbound InsightTM, and all other derivations of the “Inbound Insight” mark appearing on this web site are trademarks and/or service marks of Inbound Insight, LLC and all other trademarks, service marks, and trade names used on the site are the property of their respective owners.
You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use our Service or Intellectual Property in any way for any public or commercial purpose without prior written consent of Inbound Insight or the rights holder. You may not use the Intellectual Property on any other web site or in a networked computer environment for any purpose except your own personal viewing. If You violate any of these terms, Your permission to use the Intellectual Property will automatically terminate; You must immediately destroy any copies You have made of the Intellectual Property; and We may revoke Your authorization to use our Data and Service.
This web site may contain links to other web sites or resources. You acknowledge and agree that Inbound Insight is not responsible for the content available on any other Internet sites linked from this web site. Inbound Insight is providing these links to other Internet sites as a convenience to users, and access to any other Internets sites linked to this web site is at Your own risk. The inclusion of any link does not imply We recommend or endorse the linked site.
Unsolicited Email Messages
When using our Data for email, You agree that the messages you are sending or testing will be (a) sent to recipients with whom you have an existing business or personal relationship or (b) sent to recipients from whom you have express consent to send such communication. If you use any part of our Data for the purpose of generating unsolicited email, we reserve the right to immediately terminate your access to our Data and Service and to seek appropriate legal recourse as necessary.
You agree to defend, indemnify, and hold harmless Inbound Insight, its officers, directors, employees, contractors, agents and partners, from and against any claims, actions, demands, loss or damages, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of our Data or Service, including without limitation claims against Inbound Insight for unsatisfactory performance of services listed on the web sites governed by this Agreement, or Your violation of this Agreement.
Limitation of Liability
NEITHER INBOUND INSIGHT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SERVICE CONTENT) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INBOUND INSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR SERVICE AND THE SERVICE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL INBOUND INSIGHT’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF OUR SERVICE EXCEED THE AMOUNT PAID BY YOU TO INBOUND INSIGHT FOR THE SERVICE TO WHICH SUCH LIABILITY IS CLAIMED. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
If Your use of our Data or Service results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
Disclaimer of Warranties
Your use of our Data and Service is at your sole risk, and You agree to assume all risks and responsibilities for the selection of our Service to achieve Your desired results. Our Data and Service is provided on an “as is” and “as available” basis. Inbound Insight disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Inbound Insight will make reasonable efforts to maintain our Data and Service, however, Inbound Insight is not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to our Service, or other interaction with the Service. Inbound Insight makes no warranty that (1) the website will meet Your requirements, (2) our Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of our Service will be accurate or reliable, (4) the quality of any Data, products, services, information, or other material purchased or obtained by You through our Data or Service will meet your expectations, and (5) any errors in our Service will be corrected. Any Data or material downloaded or otherwise obtained through our Service is done at your own discretion and risk and You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Inbound Insight or through or from our Service shall create any warranty not expressly stated in this Agreement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
Survival of Terms
Any provision of this Agreement that contemplates performance or observance subsequent to any termination or expiration of this Agreement, including, without limitation, all provisions with respect to confidentiality, limitation on liabilities, and indemnification, shall survive any termination or expiration of this Agreement and continue in full force and effect.
You authorize Inbound Insight to send notices to You, at Inbound Insight’s discretion, via electronic mail, postal mail, or by posting them on this web site. It is your responsibility to check for updates to this Agreement.
This Agreement, including the documents referenced by and incorporated into this document, constitutes the entire agreement between You and Inbound Insight and governs your use of our Data and Service, superseding all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. You also may be subject to additional terms that may apply when you use affiliate or other Inbound Insight services, third-party content, or third-party software. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of Inbound Insight. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of Inbound Insight shall be null and void. This Agreement and any registration for or subsequent use of our Data and Service will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and Inbound Insight.
This Agreement will be governed by the law of New York, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this Agreement will be submitted to binding arbitration in New York County, New York, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute You may have with respect to the Service must be commenced within one year after it arises, or the cause of action is barred.
The section titles in this Agreement are for convenience only and have no substantive effect.