Terms Of Use

Please read this agreement ("Agreement") carefully before accessing or using this web site ("Site"). Averickmedia and theirs suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.

Averickmedia and their agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. Averickmedia and their suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Prohibited uses of our Website

You may access, download and print materials on this Site for your personal and non-commercial use. You may download but not alter Web Content for non-commercial, personal use provided that copyright notices are retained. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, or use on any other web site, any information obtained from this Site without prior written permission of Averickmedia.

Ownership of Web Content - The Website and all of its contents including, but not limited to, all source code, text, and images ("Web Content") are owned and copyrighted by Averickmedia or other owners. Any Web Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Averickmedia or others. Your use of any Web Content, except as provided in these Terms of Use, without the written permission of Averickmedia is strictly prohibited.

No Unlawful or Prohibited Use - As a condition of your use of this Site, you warrant to Averickmedia that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Disclaimer of Warranties - You use of our Website at your own risk. All Web Content is subject to change without notice and is provided to you "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Averickmedia neither warrants nor represents that your use of any Web Content will not infringe the rights of any third parties nor that the web content will be accurate, complete or up-to-date.

The information, software, products, and services published on this site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Averickmedia, its affiliates and/or its respective suppliers may make improvements and/or changes to this site at any time.

Indemnification - You agree to indemnify, defend and hold harmless Averickmedia its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

Links to third party sites - This Site may contain hyperlinks to web sites operated by parties other than Averickmedia. Such hyperlinks are provided for your reference only. Averickmedia does not control such web sites, and is not responsible for their contents. Inclusion of hyperlinks by Averickmedia to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Controlling Law & Jurisdiction - These Terms of Use and your use of our Website are governed by the laws of the State of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Lee County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising from, relating to or concerning these Terms of Use.

1. It is the responsibility of the buyer to understand their chosen Email Service Providers (ESP) policies in full (i.e. Constant Contact, Mail Chimp, or Internal Platform), including acceptable bounce rates, abuse rates, approval of purchased lists and other restrictions. Averickmedia is not responsible for abuse reports, account suspensions or other results from using the email list. Some Email Service Providers may not allow purchased lists. Suggested ESPs available upon request. Any additional internal or 3rd party cleaning, suppressions or removals of emails from the list provided are not applicable and will not reflect the validity of the emails provided. Some 3rd parties or deployment platforms utilize their own cleansing and this may remove emails from the list and/or prevent the list from being used with that particular source.

2. Data is sold as is without warranties or guarantees. Client must send to the ENTIRE database in order to be compensated for instances when a higher bounce rate is reported. Averickmedia may request details on how the email list was used, materials sent, bounce list or other circumstances surrounding the data usage. If the bounce rate exceeds, Averickmedia will provide additional records (pending bounce list review).

3. Normal processing time for list purchases allows 36-72 hours once the order documents are returned and payment is processed. If processing time is delayed, Averickmedia will contact the client. During fulfillment process quantities of data purchased/counts received are subject to change. If quantities are short, Averickmedia will contact the client.

4. Averickmedia makes no warranties/representations regarding email response, open rates, click through rates or other measures of email marketing efficiency. Customer hereby agrees to comply with all federal, state and local laws, including but not limited to rules pertaining to the U.S. CAN-SPAM legislation or Canadian CASL, and hereby releases NDG of any/all liability associated with Customer's use of the data provided and Customer's violation of such laws.

Refund Policy:

Databases and e-mail marketing follow the same principle as software- once opened or downloaded, it is a final sale. Due to the nature of the data, 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 activities and those who are looking to steal our data. *Data is sold as is without warranties or guarantees.

Disclaimer of Warranty

The site and its content are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided "as is" without warranty of any kind, either expressed or implied. Certain circumstances are beyond Averickmedia´s control and may not be covered by the satisfaction guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Averickmedia does not proof documents created by its customers prior to processing.

Limitation of Liability

In no event shall Averickmedia or its licensors, suppliers, or vendors, their officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Averickmedia has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or of failure to provide products or services that you order from Averickmedia or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Averickmedia be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorised use of this site or its content.