Terms & Conditions of Use

Welcome to FreshAddress’s web site, FreeListCheck.com (the "Site"). By using the Site, you agree to be bound by the following terms and all applicable laws and regulations. In addition, you agree to use the site only as permitted by law and you agree to indemnify FreshAddress, Inc. (“FreshAddress”) against any and all claims by third parties arising out of your use of the Site in violation of these Terms and Conditions of Use ("Terms and Conditions"). If you do not agree to these Terms and Conditions, you are not permitted to use the Site.

Site Content

The Site will examine a provided list of email addresses and provide an overall assessment of list quality in the form of a report (the “Content”). FreshAddress owns all worldwide right, title, and interest, including all intellectual property and other proprietary rights, in and to the Content, the Site, and the software and technology used by FreshAddress to power the Site, its features and functionality, and all usage and other data generated or collected in connection with the use thereof (“FreshAddress Materials”). You agree not to license, distribute, print, copy, reproduce, modify, publicly perform or display, distribute, transmit, publish, edit, adapt, create derivative works from, mirror the FreshAddress Materials on any other server, transfer the FreshAddress Materials to any third party, or otherwise make any unauthorized use of the FreshAddress Materials.

FRESHADDRESS MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU THAT YOUR USE OF THE FRESHADDRESS MATERIALS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Use of Site

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair, or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to scrape or otherwise use automated means to access or gather information from the Site, and you agree not to bypass any robot exclusion headers we may put into place. In addition, you agree to not use false or misleading information in connection with your account and you acknowledge that we reserve the right to disable any account associated with information which we reasonably believe is false or misleading.

Additional Terms

When you use certain features or materials on the Site, or participate in a particular promotion, event, or contest through the Site, such use or participation may be subject to additional terms and conditions posted on the Site. Such additional terms and conditions are hereby incorporated within these Terms and Conditions, and you agree to comply with such additional terms and conditions with respect to such use or participation.

Arbitration

Any claim, other than claims by FreshAddress for non-payment, in which the total amount of the award sought by either party is less than $25,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association ("AAA"). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone or online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION MUST BE MADE IN YOUR INDIVIDUAL OR COMPANY CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Claims

YOU AND FRESHADDRESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE OR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Transfer or Assignment

Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FreshAddress without restriction.

Privacy Policy

Any confidential data including but not limited to computer programs, software development, business information, names, email addresses, web sites, as well as other information which is proprietary to you and/or FreshAddress (“Confidential Information”) uploaded to the site will be kept confidential. FreshAddress will not disclose any Confidential Information received by it to third parties, other than necessary service providers, without the prior written permission of the other party.

FreshAddress’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Site. By using our Site, you agree that FreshAddress can use such data in accordance with our privacy policies. The FreshAddress Privacy Policy can be found here: http://www.freshaddress.com/about-us/privacy-policy/

Liability for our Service

IN NO EVENT SHALL THE TOTAL LIABILITY OF FRESHADDRESS AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, SUPPLIERS, OR DISTRIBUTORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING FOR ANY IMPLIED WARRANTIES, EXCEED THE PRICE PAID BY YOU IN THE PRIOR MONTH FOR SUCH USE OF THE SITE.

Indemnification.

You agree to indemnify and hold FreshAddress and its affiliates, contractors, employees, officers, directors, agents, or third party partners, suppliers, or distributors harmless from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees (any of the foregoing, a "Claim"), that any of them may incur arising out of or relating to your use or misuse of the Site, or violation of any law, rule, or regulation, provided that the foregoing does not obligate you to the extent the Claim arises directly out of FreshAddress’s willful misconduct or gross negligence. FreshAddress reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Third Party Web Sites

FreshAddress may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). FreshAddress has not reviewed these Third Party Sites linked to the Site and is not responsible for the content of or any products or services offered on such Third Party Sites.

Submitted Information

If you submit any information to FreshAddress, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to FreshAddress free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by FreshAddress for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to FreshAddress by e-mail, through a form on the Site, on a bulletin board, or in any other manner.

You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Site. You further agree not to upload, e-mail, post or transmit to, or distribute or otherwise publish through the Site any material which disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site.

Through your usage of the Site, you may submit and/or FreshAddress may gather certain limited information about you and your web site usage. FreshAddress is free to use such information for any purpose it deems appropriate, including marketing purposes.

Disclaimer and Limitation of Liability

ALL MATERIAL, INCLUDING FRESHADDRESS MATERIALS, ON THIS SITE IS PROVIDED “AS IS”AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FRESHADDRESS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL, INCLUDING FRESHADDRESS MATERIALS, ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. FRESHADDRESS MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED,

ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRESHADDRESS MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU THAT YOUR USE OF THE FRESHADDRESS MATERIALS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FRESHADDRESS OR ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF FRESHADDRESS MATERIALS, REGARDLESS OF THE THEORY OF LIABILITY ON WHICH SUCH CLAIM IS BASED, WHETHER CONTRACT, TORT, OR OTHERWISE. FRESHADDRESS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH THE SITE, ANY OF FRESHADDRESS’S SERVICES OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

The Site is intended for informational purposes only.

United States Only

All FreshAddress Materials are provided solely for the purpose of promoting FreshAddress operations and services in the United States and its territories. FreshAddress makes no representation that the FreshAddress Materials are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, and marks on the Site are trademarks or servicemarks owned or used under license by FRESHADDRESS. The use or misuse of any logos, names, and servicemarks or trademarks is strictly prohibited.

Modification and Termination of These Terms and Conditions

FreshAddress may terminate these Terms and Conditions, terminate your access to all or part of the Site, or suspend any user's access to all or part of the Site, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of these Terms and Conditions, or for its convenience. You may terminate these Terms and Conditions at any time by destroying all materials received from the Site and ceasing to use the Site, however, you will remain liable to FreshAddress for any actions by you in violation of the Terms and Conditions.

FreshAddress may modify these Terms and Conditions at any time without notice to you. FreshAddress reserves the right to modify these Terms and Conditions and/or its policies relating to the Site at any time, effective upon posting of an updated version of these Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions. Changes will not apply retroactively and will become effective no sooner than five days after they are posted. However, changes addressing new functions for the Site or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for our Site, you should discontinue your use of our Site.

Governing Law

Any controversy or claim arising out of or relating to these Terms and Conditions, the formation of these Terms and Conditions, or the breach of these Terms and Conditions, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts without reference to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ANY SUIT, ACTION OR PROCEEDING CONCERNING THESE TERMS AND CONDITIONS MUST BE BROUGHT IN A MASSACHUSETTS STATE OR FEDERAL COURT LOCATED IN MIDDLESEX COUNTY, MASSACHUSETTS AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,

ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Miscellaneous Terms

FreshAddress’s failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable, such provision will be deemed amended to conform to the applicable laws and the remainder of these Terms and Conditions shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.

Contact

Any questions may be directed to: Russ Travers, Product Manager, rtravers@freshaddress.com

Acceptance of these Terms and Conditions

If you are accepting these Terms and Conditions on behalf of a legal entity, you represent and warrant that you have the authority to bind that legal entity to these Terms and Conditions. If you do not have such authority, you must not accept these Terms and Conditions, in which case you may not use the Site.