Description of Services. Contactually uses an automated method to analyze the contacts in your email mailbox on an ongoing basis and will query you for additional information about those contacts (“Content”). We will process the Content you provide and will post the information in your designated customer relationship management (“CRM”) application. The Service is not an email service or a CRM application. You are responsible for obtaining and maintaining access to an email service and your CRM account, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
License and Service Access. Contactually grants you a limited license to access and make to personal use of the Service. This license does not permit you to, and you agree that you will not: (i) upload to, post on, or transmit through the Service any information that you do not have a right to make available (such as the intellectual property of another party or information that you are not legally permitted to use); (ii) upload to, post on, or transmit through the Service any material that contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) take any action that imposes or may impose (in Contactually’s sole discretion) an unreasonable or disproportionately large load on Contactually’s infrastructure; (iv) enter information or download information from the Service through any means other than direct user interaction with the Service; or (v) make any use of data mining, robots, or similar data gathering and extraction tools to submit Content to the Service. You may not bypass any measures used by Contactually to prevent or restrict access to the Service. Any unauthorized use of the Service by you shall terminate the permission or license granted to you by Contactually and will make any further use of the Service an infringement of Contactually’s intellectual property rights.
Your Account. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted if you use the Service's registration form (the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Contactually has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Contactually has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you use the Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Contactually immediately of any unauthorized use of your account or any other breach of security. Contactually reserves the right to refuse service, terminate accounts and/or reject submitted Content in its sole discretion.
Terms Specifically Applicable to Content. The following terms apply specifically to Content:
You expressly agree that Contactually has no obligation to review any Content you submit; however, we reserve the right to reject any Content that we, in our sole discretion, deem libelous, derogatory, pornographic, illegal, or otherwise inappropriate.
You expressly agree not to include in the Content any personally identifiable information about children under the age of 13. We reserve the right to reject and not process any personally identifiable information about children under the age of 13.
As part of the Service, the Content may be processed in a country other than the one in which you (or any data subject associated with such Content) reside. You hereby grant consent for such processing and you represent and warrant that you are authorized to grant such consent on the part of any data subject associated with such Content.
We do not claim ownership of any Content you make available through the Service. With respect to Content you submit, you grant Contactually a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any Content you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this section.
Contactually repudiates any and all legal liability for opinions or other information included in any Content.
You understand and agree not to use any functionality provided by the Service to submit Content that:
(i) Contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(ii) Impersonates others or provides any kind of false information;
(iii) Contains unauthorized downloads of any copyrighted or private information;
You agree that you are solely responsible for the Content you provide and for any use you make of such Content after it has been processed by Contactually.
Disclaimer of Warranty. EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND CONTACTUALLY, CONTACTUALLY MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, CONTENT OR SERVICES PROVIDED. AS BETWEEN YOU AND CONTACTUALLY, ALL PRODUCTS, CONTENT AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL CONTACTUALLY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER INFORMATION OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER INFORMATION.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTACTUALLY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SERVICE OR ANY RELATED SERVICES.
Indemnity. You agree to indemnify and hold Contactually Solutions (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, your violation of any law or the rights of a third party (including any data protection rights) or any claim or liability associated with your use of any Content we have processed as part of the Services.
Electronic Communication. When you use the Service or send emails to Contactually, you are communicating with Contactually electronically. You consent to receive communications from Contactually electronically. Contactually will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links. The Service may provide links to other World Wide Web sites or resources. Because Contactually has no control over such sites and resources, you acknowledge and agree that Contactually is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Contactually shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Service is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
Trademarks. Contactually, and other Contactually service names are trademarks, registered trademarks or trade dress of Contactually or its affiliates in the U.S. and/or other countries. Contactually's trademarks and trade dress may not be used in connection with any product or service that is not Contactually's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Contactually.
Procedure for Claims of Intellectual Property Infringement. Contactually respects the intellectual property of others, and we ask our users to do the same. Contactually may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Contactually’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contactually’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: Zvi Band
1510 19th Street NW
Washington, DC 20036
By phone: 202 683 7803
Contactually may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 11.
Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this Terms of Service, or any general legal principles to the contrary, any provision of this Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Service.
General. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms of Service and the relationship between you and Contactually will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Contactually agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware with respect to any legal proceedings that may arise in connection with this Terms of Service. The failure of Contactually to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Contactually does not guarantee it will take action against all breaches of this Terms of Service. Except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Terms of Service. This Terms of Service constitutes the entire agreement between you and Contactually and governs your use of the Service, superseding any prior agreements between you and Contactually with respect to the Service.