Current version here
You should carefully read this Terms of Service, including the required use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and the limitations on the remedies available to you in the event of a dispute, as fully described in the “Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause” section below.
- Account Authority. If an Account is associated with multiple Users, then the individual who establishes your Account (the “Account Authority”) will have control over your Account. If an Account is only associated with you, then you will be the Account Authority for your Account, unless you designate a different Account Authority as specified below. FullContact may deem the Account Authority to have full authority for all decisions relating to your Account, including: (i) addition or removal of Users; (ii) permissions to access your Account; (iii) disputes regarding your Account; (iv) notices and other communications relating to your Account; and (v) any other decisions that may be required regarding your Account. There must always be one and only one Account Authority for each Account. The initial Account Authority must be designated in the initial request to establish an Account. If an initial Account Authority is not designated, the individual requesting to establish an Account shall be deemed the initial Account Authority for that Account. The Account Authority may be changed: (a) by an email sent to FullContact from the registered email address of the current Account Authority; (b) by written notice provided to FullContact; or (c) as separately directed and acknowledged by FullContact. It is your responsibility to properly designate a new Account Authority whenever appropriate. In the event of a dispute where multiple persons claim to be the rightful Account Authority, FullContact reserves the right, at its sole discretion, to: (1) suspend all access to your Account until an Account Authority is properly designated to FullContact’s sole satisfaction; or (2) terminate your Account and delete your Registration Information.
- API License. If you are a Developer, FullContact grands you the rights to access and use the API, subject to the obligations related to the API, contained in the API License Addendum, which is attached hereto and incorporated herein by reference.
- Certain Restrictions.
- You acknowledge and agree that: (i) FullContact Data has not been collected for, and is not intended to be indicative of, any person’s employability, credit worthiness, credit standing, credit capacity, or other characteristics related to such person’s manner or mode of living, as listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC Section 1681a; and (ii) you shall not use any FullContact Data as a factor in establishing any person’s eligibility for (a) credit or insurance used primarily for personal, family or household purposes, (b) employment purposes, or (c) other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute.
- You may not upload any debit or credit card information, bank account information, social security number, driver’s license information, government ID information, or any other sensitive personal information (as that term is defined in applicable data privacy or security laws). FULLCONTACT WILL NOT HAVE ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OR SECURITY OF SUCH INFORMATION.
- Modification. FullContact reserves the right, at any time, to modify, suspend, or discontinue the Site, Services, or FullContact Data, or any part thereof, with or without notice. You agree that FullContact will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services, or FullContact Data, or any part thereof.
- No Support or Maintenance. You acknowledge and agree that FullContact will have no obligation to provide you with any support or maintenance in connection with the Site, Services, or FullContact Data.
- End User Contact Data.
- If you provide FullContact any feedback or suggestions regarding the Site, Services, or FullContact Data (“Feedback“), you hereby assign to FullContact all rights in the Feedback and agree that FullContact shall have the right to use such Feedback and related information in any manner it deems appropriate. FullContact will treat any Feedback you provide to FullContact as non-confidential and non-proprietary. You agree that you will not submit to FullContact any information or ideas that you consider to be confidential or proprietary.
- Third Party Sites & Ads; Developers.
- Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of FullContact and FullContact is not responsible for any Third Party Sites & Ads. FullContact provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Your use of any Third Party Sites & Ads is at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
- Developers. Each Developer is solely responsible for any and all of its Developer Apps. Because we do not control Developers or their Developer Apps, you acknowledge and agree that we are not responsible for any Developers or their Developer Apps and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Developers or their Developer Apps, and we assume no responsibility for any Developers or their Developer Apps. Your interactions with Developers or their Developer Apps are solely between you and such Developer. You agree that FullContact will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Developer, we are under no obligation to become involved.
- Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Developers, Developer Apps, or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Disclaimers.THE SITE, SERVICES, AND FULLCONTACT DATA (INCLUDING THE API) ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, ADEQUACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE SITE, SERVICES, OR FULLCONTACT DATA (INCLUDING THE API: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation on Liability
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and FullContact must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and FullContact, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR FULLCONTACT MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, FullContact will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (g) FullContact also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or FullContact shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/FullContact customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
- With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor FullContact shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and FullContact shall be exclusively brought in the state or federal courts located in Denver County, Colorado.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
- Copyright/Trademark Information. Copyright © 2010-2019, FullContact, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. You agree that FullContact may identify you as a FullContact customer in advertising, media relations, trade shows, on the Site, and other similar promotional activities.
- Contact Information:
Address: 1624 Market St Ste 226
Denver, Colorado 80202-2523
Telephone: (888) 330-6943
API License Addendum
- Definitions. As used in this Addendum:
- “API” means the software program or programs in source code or executable code form, any documentation provided therewith, and any modified, updated, or enhanced versions of such items that FullContact provides to Developer pursuant to this Addendum. For the avoidance of doubt, the API is deemed part of the “Service” (as defined above).
- “API Key” means the code provided by FullContact that permits Developer to access the API.
- Restrictions. Developer acknowledges that the API and its structure, organization, and source code constitute valuable trade secrets of FullContact and its suppliers. Accordingly, Developer agrees not to disclose, distribute, sublicense, lease, rent, loan, resell or otherwise transfer the data received from the Service or API, the Service or API (other than those elements incorporated into the Developer App) or the API Key to any third party. Developer must reproduce, on all copies made by or for Developer, and must not remove, alter, or obscure in any way all proprietary rights notices (including copyright notices) of FullContact or its suppliers on or within the copies of the API. Developer will immediately notify FullContact if Developer becomes aware of any material breach relating to the API.
- Developer Apps.
- Submission. If requested by FullContact, Developer will submit to FullContact each Developer App that Developer distributes or plans to distribute, in accordance with the instructions on FullContact’s Site. Developer grants to FullContact a non-exclusive license to internally use, perform, display, reproduce, modify, and create derivative works of the Developer App to evaluate the Developer App during the term of this Addendum. FullContact may, at any time and in its sole discretion, notify Developer that Developer may no longer distribute a Developer App until such Developer App meets conditions specified by FullContact. Upon receipt of such notice, Developer shall promptly cease distribution of the Developer App until the Developer App meets such conditions, in FullContact’s judgment.
- App Policy. Developer is solely responsible and liable for the Developer App. Developer is solely responsible for supporting the Developer App. The Developer App must comply with the following (the “App Policy”): the Developer App may not: (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v) contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
- Confidentiality. “Confidential Information” includes the API Key and API and any other materials of FullContact that FullContact designates as confidential or which Developer should reasonably believe to be confidential, including Third Party Access Tokens, and Account IDs. Developer shall hold FullContact’s Confidential Information in confidence and shall neither disclose such Confidential Information to third parties nor use FullContact’s Confidential Information for any purpose other than as necessary to perform under this Addendum. Developer agrees to limit access to the Confidential Information to those employees, agents, and representatives who are necessary for Developer to perform its obligations under this Addendum. All such employees, agents, and representatives must have a written confidentiality agreement with Developer that is no less restrictive than the terms contained herein. Developer will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as Developer protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The foregoing restrictions on disclosure shall not apply to Confidential Information that is: (a) already known by Developer; (b) becomes, through no act or fault of Developer, publicly known; (c) received by Developer from a third party without a restriction on disclosure or use; or (d) independently developed by Developer without reference to FullContact’s Confidential Information.
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