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Terms of Use

These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any marketing or email data or services provided by ARS Innovations Limited or its affiliated companies (“ARS Innovations Limited”), which data or services are referred to collectively as the “Data.”

Ownership

  • “ARS Innovations Limited Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces, work product and derivative works used or provided by ARS Innovations Limited in providing the Data, including its websites, HTML programming and any special programs, functionality, interfaces, ideas, concepts or techniques.
  • All ARS Innovations Limited Property shall be and remain the property of ARS Innovations Limited.
  • As between you and ARS Innovations Limited, ARS Innovations Limited is the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in the ARS Innovations Limited Property and the Data.

1. Limited License

Upon your execution of the Agreement and the payment of all amounts due to ARS Innovations Limited, you are granted a personal, non-transferable and non-exclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement. If no usage period is selected, the license term shall be one year.

ARS Innovations Limited retains all right, title and interest in and to the Data and all intellectual property contained therein. Upon expiration or termination of the Agreement you shall discontinue use of the Data and, as requested by ARS Innovations Limited, either (a) return the Data without retaining any copies, notes or other information, or (b) provide a signed certificate that the Data has been destroyed so that it is permanently unreadable and unrecoverable.

2. Cookies

The website uses cookies — small amounts of data sent to your browser and stored on your computer — to track usage of our site, to personalise content or offers, and to cache content so pages load faster. You can disable cookie storage in your browser settings.

3. Limitations on Use

  • Unless specifically authorised in advance and in writing by ARS Innovations Limited, you will not share, sell, transfer or otherwise make the Data available to any third party, and you will use your best efforts to prevent misuse or unauthorised use of the Data.
  • You will not name or refer to ARS Innovations Limited or your use of the Data in any advertisements or promotional or marketing materials.
  • You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening, any purpose covered by the federal Fair Credit Reporting Act, or any other purpose not expressly authorised by the Agreement.

4. Your Responsibilities

You are responsible for using email data in compliance with all applicable laws, including anti-spam and data protection laws, and ARS Innovations Limited may review and audit your use of the Data for compliance with the Agreement.

5. Disclaimer of Warranties; Limited Warranty

The Data is provided on an “as is” basis. ARS Innovations Limited does not warrant the correctness, comprehensiveness or completeness of the Data and, except as provided below, disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. You have 14 days from receipt of the Data to inspect it and notify ARS Innovations Limited of any problems or mistakes; if you do so within that period, the problem or mistake will be corrected at no additional charge.

6. Limitation of Liability

Except as provided in Section 5, ARS Innovations Limited will not be liable for any claim, demand, loss, liability, damage, injury, cost or expense (including reasonable attorneys’ fees), whether general, direct, special, incidental, consequential or other, caused directly or indirectly by any use of the Data or any alleged failure to comply with the Agreement, whether or not foreseeable. ARS Innovations Limited’s maximum liability under Section 5 will not exceed the amount you paid under the Agreement in the 12 months preceding the event giving rise to liability.

7. Your Indemnification of ARS Innovations Limited

You shall indemnify, defend and hold harmless ARS Innovations Limited, its stockholders, directors, officers, employees, contractors and agents against any claim, demand, loss, liability, damage, injury, cost or expense (including attorneys’ fees) arising directly or indirectly from your acts or omissions with respect to the Data, any violation of the Agreement or any violation of law.

8. Interruption of Service

Given the technical nature of the resources required to provide the Data, temporary interruptions may occur. Such interruptions shall not create any liability for ARS Innovations Limited, suspend or eliminate your payment obligations, or entitle you to a refund of amounts previously paid.

9. No Assignment by You

You may not assign your rights or obligations under the Agreement without the prior written consent of ARS Innovations Limited, whether by operation of law or otherwise; any attempt to do so shall be void.

10. Additional Remedy of Termination

In addition to all other legal rights and remedies, ARS Innovations Limited may terminate the Agreement and demand immediate return or destruction of the Data at any time if it believes you are not fully complying with the Agreement.

11. Governing Law; Jurisdiction

The Agreement shall be governed by the laws of the State of Nebraska, without regard to conflict-of-law principles. Any litigation arising under the Agreement shall be brought only in the state or federal courts located in Douglas County, Nebraska, and you submit to the exclusive jurisdiction of those courts.

12. Payment for Non-Invoiced Products

  • Payment: you agree to pay the fees, charges and billing terms in effect when a fee is due. Fees are non-refundable. Subscription products renew automatically for the specified renewal period (if any) at the then-current price.
  • Recurring billing: accepting these terms authorises ARS Innovations Limited to charge the card you provide, and for subscriptions to continue charging it at the agreed intervals. You agree to keep billing information complete and up to date within thirty (30) days of any change. A failed recurring payment does not remove your payment obligation.
  • Interest: unpaid amounts accrue interest at 1.5% per month, or the maximum rate allowed by law if lower.

13. Entire Agreement; Amendment or Waiver

The Agreement contains the entire understanding between you and ARS Innovations Limited and supersedes any prior understandings. It may only be amended by a document signed by both parties. No waiver of a breach is a waiver of any future breach, and no waiver is effective unless in writing signed by the waiving party.

14. File Management Library

Certain services may include a file management library for storing marketing creative and documents (“Marketing Content”). Marketing Content remains your property, and you permit ARS Innovations Limited to host and store it and allow access to your users. You are responsible for having all rights to your Marketing Content and must not use the service to infringe intellectual property, promote illegal activity or distribute malware. The library is not a backup or disaster-recovery service, and Marketing Content is subject to deletion upon termination.

15. Execution Counterparts

The Agreement may be executed in original, by facsimile or electronically transmitted PDF, and in any number of counterparts, each of which shall be deemed an original.

Contact

Questions about this policy? Email info@arslimited.org or call +1 406-235-6514.