All K-12 Education Database materials are provided on a strictly "as is" basis. You expressly agree that use of the services is at your own risk. You expressly agree that K-12 Education Database shall not be liable for losses, damages, or injuries of any kind, including but not limited to general, direct, special, incidental, and/or consequential damages caused in whole or in part by the use of the K-12 Education Database materials whether such damages are asserted in an action brought in contract, in tort or pursuant to some other theory and whether the possibility of such damages was made known or was foreseeable or should this limited warranty fail of its essential purpose. In no event shall K-12 Education Database entire liability exceed the total amount you paid to K-12 Education Database under this agreement.
GENERAL:
(a)This Agreement shall be governed and construed by the laws of the State of Florida, United States of America without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or your use of the K-12 Education Database Materials shall be brought within the jurisdiction of the courts located within Hillsborough County, Florida, United States of America. This Agreement and the rights and obligations of the parties under this Agreement will not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The parties further have expressly requested that this Agreement be drawn up in the English language.
(b) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific K-12 Education Database Materials provided constitute the entire agreement between you and K-12 Education Database on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect.
(c) This policy may be amended from time to time at the discretion of K-12 Education Database.
(d) Without limiting any other remedies it may have at law or in equity, K-12 Education Database reserves the right to terminate this Agreement immediately without further notice if K-12 Education Database has reason to believe Customer is not complying with this or any other express condition of use.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law’s provisions. You agree that you will bring any claim or cause of action arising out of your use of the Services or this Agreement in the courts located within the county of Hillsborough county of FL and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the Services or this Agreement must be filed within two weeks after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in this Agreement is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision and the remaining provisions of this Agreement will remain in full force and effect.
No waiver of any provision of this Agreement shall be effective except pursuant to a written instrument signed by us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. You shall not assign this Agreement or any right interest or benefit under this Agreement without our prior written consent. This Agreement sets forth the entire agreement between you and us and supersedes any and all prior communications and proposals, whether electronic, oral, or written, between you and us with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Warranty Disclaimer; Remedies; Release.
YOU EXPRESSLY AGREE THAT THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PRODUCTS IN COMPLIANCE WITH THE LICENSE AND/OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD-PARTY SERVICES (INCLUDING YOUR EMAIL AND/OR SOCIAL NETWORKING PROVIDERS), AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF THE SAME.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (i) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, (ii) ANY CONTENT PROVIDED BY ANY THIRD PARTY OR (iii) ANY EVENT HOSTED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PRODUCTS OR OBTAINED FROM A THIRD PARTY.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY
Refund Policy
Due to the nature of this email list 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 is done to protect the integrity of our email list databases from fraudulent activity and those who are looking to steal our email list. Email lists are sold as is without warranties or guarantees.
I authorize principals-emaillist.com to charge me in full for any products purchased from K-12 Education Database & its affiliate sites.
I further affirm that the name and personal information provided on this form are true and correct.
I further affirm that I will not resell or re-distributed any of the lists purchased from principals-emaillist.com
I further affirm that any list will not be used in any other website database or directory without purchasing a special license from principals-emaillist.com
I further declare that I have read, understand and accept principals-emaillist.com business terms as published on their website www.principals-emaillist.com
By placing an order from K-12 Education Database, I agree to pay K-12 Education Database www.principals-emaillist.com in full.
Contact K-12 Education Database
For questions or complaints regarding K-12 Education Database, please visit the K-12 Education Database center, e-mail us at info@principals-emaillist.com or call (866) 825-8306. We will do our best to resolve any complaints or issues as quickly as possible.
Security
Our web site applies various security measures in order to prevent the loss and unauthorized use of information and unauthorized modification on the information. These security measures are as follows:
128 Bit SSL Certificate (data encryption)
Dedicated Processor with Authorize.net
Password protected accounts
K-12 Education Database does not store any credit card information. Everything is processed with our Gateway and Merchant Account.
Redistributing and Re-selling
Re-selling, pirating or redistribution of content or databases from www.principals-emaillist.com is strictly prohibited. The User understands that they are not to be affiliated with any competing company, or service, or distribute any information or material provided by www.principals-emaillist.com to any third party who may be affiliated with a competing company or entity. The User agrees to not use or distribute any information provided by www.principals-emaillist.com to any individual or company. The user understands that breaching this portion of the terms and conditions can result in civil and criminal action against the user and any other party, or company involved in this activity. The User understands that monetary damages, including the Vendors legal fees, for the inappropriate, unethical or illegal sharing, redistribution or reselling of the Vendor information will be pursued.
Purchaser acknowledges and agrees that its right to use the data provided under this Agreement is strictly limited to use by the Purchaser from the same domain address used by the Purchaser when initially buying the data from Company (for clarity, the sole domain address that may be used by Purchaser to send emails to addresses included on the list provided by Company is noted on the Company's purchasing invoice to Purchaser). Purchaser agrees it will not distribute or publish the data it receives from Company whatsoever, to other companies, facilities, partners, entities, or individuals. Purchaser agrees that the data is solely for use by Purchaser and Purchaser's business. Purchaser acknowledges and understands that Company tracks Purchaser's emails to database addresses and any use of Purchaser's database by others or from a domain address different from that initially used by Purchaser, as noted on the invoice, is an immediate violation of federal copyright and pirating laws, and may result in charges filed against the Purchaser.
You may not make any copies of the Database to other companies, partners or other parties, we strongly advise you DO NOT REDISTRIBUTE or RESELL our database.
By disputing charge, sharing or re-selling our database customer loses his license to use our database automatically. Both parties the company that shared or re-sell the database and the company that uses the database without authorization will be responsible and prosecuted.
Copyright of Database
Copyright. All Databases are the exclusive property and copyright of www.principals-emaillist.com and/or its licensors. The databases are protected by national copyright laws, international treaty provisions and other applicable laws.
What you CANNOT do with our databases. Except as noted above, the databases may not be copied or reproduced in any manner whatsoever without the prior written consent of www.principals-emaillist.com as evidenced by a License, and subject to the payment of that License. All rights are reserved by www.principals-emaillist.com and its licensors.
Unauthorized Use of database. Unless you have received and paid for a License from www.principals-emaillist.com:
It is illegal to copy, resell or redistribute to any other companies, individuals or partners. This license is for single use only by the purchaser. Sharing or giving our database to any other person or partner is an infringement of our product. We have set up a tracking system to see who uses our database and detect if somebody is sharing or giving it for free without a license.
Liability for Unauthorized Use of our databases. www.principals-emaillist.com, and its contributing artists and licensors earn their living by licensing and controlling all rights to the databases. You agree that any Unauthorized Use of any database by you is an infringement of copyright and that you will be responsible for any fees, damages and/or compensation arising from such unauthorized use.
Payment and Financial Agreement
The “client”, “you”, acknowledges and agrees that all financial information give to K-12 Education Database (credit card and electronic debit information) is true and lawfully theirs. The “client” acknowledges that all payments are due in full prior to the execution of any marketing campaign and that K-12 Education Database maintains a “no refund policy” for any marketing campaign after its execution and emails are sent to the mass market.
The “client” acknowledges that they will not dispute charges and agrees to the financial terms and conditions with K-12 Education Database In the event that K-12 Education Database receives a chargeback or theft of service after our services are rendered, an additional 250.00 fee in U.S. dollars, and court, collection and attorney’s costs, will be assessed to the amount of money owed. The client acknowledges that this agreement will replace any agreement with their credit card companies and financial institutions. In the event that Principals-emaillist.com receives a chargeback or theft of service after our services are rendered, customer's database usage license is automatically revoked and forbidden for future use from the date of the chargeback received. No matter the case result user is not allowed to use our product.
K-12 Education Database will prosecute to the full extent of the law any individual who provides us with criminally fraudulent financial information. K-12 Education Database prides itself on protecting consumer’s financial privacy and safety.
Indemnification:
You shall defend, indemnify, and protect Principals-emaillist.com, including its affiliates, service providers, and all associated officers, directors, employees, contractors, agents, and successors, from any claims, proceedings, liabilities, damages, and associated costs (including legal fees and settlement amounts) resulting from your violation of these Terms or your use of the Application, Data Files, or Data or any breach of Principals-emaillist.com stated guarantees or warranties.
Furthermore, should Principals-emaillist.com pursue legal action due to a breach or potential breach of this agreement by you, your affiliates, or agents, and if Principals-emaillist.com is victorious, you are obligated to cover all related expenses, including reasonable legal fees.
