Terms and Conditions
These terms and conditions will govern all issues that may possibly arise in relation to your access to www.conversionmarketing.org or use of its email lists, telemarketing databases, social media, marketing tools, and other resources (databases) to promote your business and make your websites highly conversion friendly (the Services). Please carefully review these terms and conditions before using any feature or service being offered on the website.
Agreement
Accessing this website, purchasing its databases, or using any feature or services being offered on this website shall be deemed as your explicit consent to enter a legally binding agreement with Conversion Marketing Solutions (referred as Conversion Marketing, we, our, us). Clicking I Agree, or related syntaxes shall execute your agreement with Conversion Marketing consisting of these terms and conditions.
When you enter this agreement, it shall be deemed that you are legally mature and otherwise qualified to enter a binding agreement, and if you are not, accessing this website or using the Services under the guidance and supervision of your legal guardians who have consented to enter this agreement. All activities without entering this agreement shall be deemed as unauthorized access.
Conversion Marketing reserves a right to suspend or permanently block your access to this website and prevent any further use the Services in its sole discretion. If we believe or become aware at any point that you have violated any provisions of this agreement or relevant laws, we may take reasonable proactive measures, as determined by us, and disclose any content, record, or information to relevant authorities/third parties in our sole discretion.
Registration / Subscription
Access to the website or use of the Services shall be voluntary, but you may be required to subscribe with us for purchasing databases or using certain premium features/services being offered on the website.
When you register/subscribe to any service being offered on this website, you may be required to submit your personal information like name, email address, contact number, credit card details and other information related to your demographic profile. Your personal information will be handled according to our Privacy Policy which shall be deemed as part of this agreement.
When you submit or share any information or content on this website, it shall be deemed that submitted content is true, authentic, accurate, complete, updated and reliable to your knowledge, and you have all the rights share the information.
It shall be your responsibility to maintain the confidentiality of your login information. You shall be liable for all activities that might take place under your account/credentials.
Copyrights and Trademarks
The website and its content, including but not limited to icons, logos, trademarks, service marks, texts, images, graphics, page layouts, site designs, videos, descriptions, presentations, scripts, applications, user interfaces, databases, compilations, services, service names, derivate works and contained intellectual properties are owned by Conversion Marketing Solutions, and fully protected under the U.S. copyright and trademark laws. Copyright © 2018 Conversion Marketing Solutions. All rights reserved.
All patents, copyrights, trademarks, and intellectual property rights otherwise not claimed on this website belong to Conversion Marketing.
Limited License
Subject to the provisions of this agreement and fulfilment of your payment obligations, you shall be granted a non-exclusive and non-transferrable personal license to use the compilations, databases, and other resources on this website for direct marketing, research, and customer prospecting purposes during the term of your subscription period as set forth in this agreement.
You may access/download our database, compilations, and other marketing resources for personal use, but nothing in this limited license shall grant you any rights to the protected content or resources on this website. You are not allowed to use any tools and techniques to copy, extract, edit, modify, alter, sell, lease, reproduce, redistribute, publish, or otherwise commercially exploit any database, compilation, or content on this website, in whole or parts thereof, without a prior written authorization from Conversion Marketing Solutions.
All rights, titles, and interest in the licensed resources and contained intellectual properties shall belong to Conversion Marketing Solutions. You are not allowed to edit, alter, or remove any logo, copyright, trademark, or relevant proprietary information from the accessed or downloaded content. If your subscription is expired or this agreement is terminated, you shall discontinue the use of our database and return/destroy all data as requested by Conversion Marketing.
Prohibited Activities
You shall use the database and marketing resources for lawful purposes only. It shall be your responsibility to ensure that your use of the website and its resources are in compliance with the applicable laws, statues, and international conventions, including but not limited to local, state, and federal laws related to email and facsimile marketing, telemarketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and relevant guidelines from Direct Marketing Association.
You shall strictly comply with CAN-SPAM Act, COPPA, Telephone Consumer Protection Act, State Registry laws, and other regulations related to direct marketing. You are not allowed to use our website/resources for:
- Stalking people or tricking them to follow any malicious links.
- Infringing third party rights, including their right to privacy or publicity.
- Tenant screening, employment purposes, accessing creditworthiness, or underwriting consumer insurance. The database/services shall be used only for the purposes expressly authorized/licensed under this agreement.
- Modifying, redistributing, retransmitting, or commercially exploiting it in any form or manner. You shall never make our database available to any third party and use your best efforts to prevent unauthorized use of our marketing resources.
- Creating deceptive accounts, using the Services with a fabricated identity, or referring Conversion Marketing in any of your advertisements or direct marketing materials.
- Spreading viruses, malicious codes, or prohibited content, or promoting any kinds of misleading, unreliable, fabricated or unruly information.
- Spreading any content that is incorrect, erroneous, defamatory, offensive, obscene, vulgar, disturbing, sexually explicit, profane, menacing, and obtrusive of others right to privacy or publicity.
- Compromising the safety feature on the website or testing, disrupting, or abusing any feature, service, database, marketing tool, record, user data, or hardware.
Conversion Marketing reserves a right to review and audit your use of the Services being offered or made available on this website but shall have no obligations to do so. If we believe that your use of the Services is not in compliance with this agreement or the applicable laws, we may request an audit of your records to determine such noncompliance. It shall be your responsibility to provide all the required records within a reasonable period, as determined by Conversion Marketing. Failure to do so or any violation of this agreement may result in a suspension/termination of your subscription.
User-Generated Content
This website may allocate a file management space with each account to help you access and store your logos, images, email creatives, or other marketing creatives (collectively Marketing Content). All such marketing content and shared views, reviews, comments and feedback on social media platforms being made available on this website shall be deemed as user-generated content.
When you upload or share any such marketing content, it shall be deemed that you have all the rights to share the content with your users. You will retain the ownership of your marketing content, but Creative Marketing Solutions shall be entitled to a non-exclusive license to host, store, and make the content available to your users on the website.
You shall never upload or share any content that sounds racial, harassing, abusive, threatening and vulgar; creates fraudulent, deceptive, misleading or unlawful claims; contains viruses and malicious codes; violates third party rights or involves pornography or other prohibited activities.
Creative Marketing Solutions shall be entitled to edit, modify, or remove any marketing content in its sole discretion. However, such corrective measures will take place only when we become aware of any infringements, violations, or breach with regard to uploaded or shared marketing content. You shall be solely liable for anything you post, submit, transmit, or otherwise make available on this website.
This file management space is not intended to be used as a backup solution. It shall be your responsibility to maintain a backup of all your marketing content on this website. If this agreement is terminated, all user-generated content associated with your account will be permanently deleted.
Pricing and Payment
Conversion Marketing will provide its database and marketing related services on certain fees, charges, and billing terms in effect at the time such fees and charges become due and payable. However, we may offer a subscription and allow the subscribers to use our database/marketing related services on a regular basis. Conversion Marketing may offer a different level of access to its premium subscribers and enable the users to upgrade their subscription by paying the amount commensurate with the preferred subscription plan.
All subscription-based services shall be charged on a recurring basis unless you cancel your subscription at least 48 hours before the subscription renewal period. If your subscription is not canceled within the stipulated period, your agreed subscription term shall automatically renew entitling Conversion Marketing Solutions to charge your payment instrument at the then current subscription fees, charges and billing terms.
It shall be your responsibility to provide a complete, accurate and authentic billing/contact information and keep this information updated by making relevant modifications within 30 days of any such changes. You shall consent and authorize Conversion Marketing Solutions to automatically charge your payment instrument at the agreed subscription renewal date.
Please acknowledge that failure to provide accurate/authentic billing information will not absolve your payment obligations unless your subscription is canceled. Conversion Marketing shall not be liable for any non-performance due to your failure to provide authentic payment details. Unpaid dues will incur interest charges at the maximum rate permissible under the applicable laws.
All pricing, subscriptions, and promotional offers being made available on this website are subject to change at any time. All payment made in favor of Conversion Marketing Solutions shall remain non-refundable.
Termination
Conversion Marketing shall be entitled to suspend or terminate this agreement for any apparent, threatened, or actual breach or violation of this agreement. Please acknowledge that use of our database/services for any fraudulent, abusive or unlawful activities will result in a termination of this agreement. You can also deactivate your subscription and terminate this agreement at any time.
Please acknowledge that any such suspension or termination of this agreement will have no effect on your pending obligations under this agreement. You will have to discharge your pending financial obligations in relation to your use of the services being offered on this website.
No claims for damages or refund shall arise claiming your access to the database was denied or account was terminated without giving a prior notice.
Indemnification
You shall indemnify Conversion Marketing Solutions and its partners, directors, employees, executives, subsidiaries, affiliates, and agents, holding them harmless from all claims, liabilities, legal proceedings, demands, damages, including the legal and/or administrative costs and expenses that may arise from:
- Your access to this website or use of the database/services being offered on the website.
- Your purchase or use of any marketing or promotional offer and/or related views, reviews, testimonials, or recommendations being featured or made available on this website.
- Your non-compliance with the applicable laws or any provision of this agreement.
- Your infringements of third party rights, including their copyrights, intellectual property, or rights of privacy or publicity.
- Your submissions, including but not limited to any offensive, defamatory, or otherwise objectionable content posted on the website.
- Other liabilities or expenses incurred by Conversion Marketing in relation to your use of the database/services or other acts and omissions on the website.
This section shall survive any termination of this agreement. Conversion Marketing Solutions shall be entitled to assume exclusive defense of any subject matter under your indemnification and receive full reimbursement of expenses incurred in asserting available defenses or rectifying the damages.
Disclaimer of Warranties
CMS disclaims all warranties and undertakings to the maximum extent permissible under the laws. The database and related services on this website are being offered on As-Is and As-Available basis. You shall use the Services at your own risk and discretion.
Nothing on this website or communications with the support staff, whether oral or written, shall create any kinds of express or implied warranties of accuracy, authenticity, reliability, availability, merchantability, fitness for a particular purpose or suitability of the database, data modeling features or related services as per your requirements, Preferences, or expectations. We do not claim that the database or related marketing services will be accurate, authentic, reliable, correct, complete, relevant, valid, or free from errors, omissions, infringements, viruses, or interruptions, and any such occurrences will be restored/corrected immediately or promptly. We hereby disclaim all such warranties and representations.
Limitation of Liabilities
Conversion Marketing shall not be liable for any direct, indirect, incidental, consequential, punitive or special damages, including but not limited to any loss of potential business, growth prospects, goodwill, credibility, or tangible other intangible losses, claims, demands, liabilities, costs, or expenses that may arise in relation to (1) your ability or inability to access the website or use the database/services being offered or made available on this website, (2) purchase of any database or subscription service being offered on this website, (3) escalated cost of purchasing any substitute database or service, (4) any defects in database, data modeling features, or related services being offered on this website, (5) any unauthorized access to your account or misuse of your identity or information on this website, (6) any disruption, interruption, suspension, or termination of the Services, (7) and any other matter related to your purchase of the database, data modeling features, or related services being offered on this website, irrespective of the fact that such liabilities occur due to any misrepresentation, non-performance, delays in operation, interruptions, torts, breach of contract or negligence of duty by Conversion Marketing Solutions, and the possibility of such liabilities was already conveyed to it.
In the case of data inaccuracy or mistakes, correction of the data at no additional cost shall be the only remedy provided that you have informed Conversion Marketing of any such inaccuracies or mistakes within 14 days from receiving the data.
Notwithstanding any provision of this section, these limitations shall apply to the extent any such exclusion of incidental/consequential damages are permissible in your jurisdiction. If Conversion Marketing is liable for any damages, its total liability shall never exceed the amount you paid for purchasing relevant database/services on the website or the minimum amount permitted under the applicable laws whichever is less.
All claims under this agreement shall be initiated within one year from the cause of action or such periods as determined by the applicable laws governing this agreement, after which your rights to claim any such damages shall be deemed as waived.
Interruption of the Service
Please acknowledge that the Services may be disrupted, interrupted, suspended, or terminated due to technical issues, maintenance requirements, force majeure events, or any change in the Service itself. Conversion Marketing Solutions reserves a right modify, suspend, or permanently terminate any feature or service, in whole or parts thereof, in its sole discretion.
Conversion Marketing shall not be liable to you or any third party for any non-performance or interruption of the Services. Such interruptions will have no effect on your payment obligations. No claims for a refund shall arise claiming the services were unavailable during the subscription period, in whole or parts thereof.
Miscellaneous
These terms and conditions shall be deemed as part of your entire agreement with Conversion Marketing, including the end-user licenses or additional agreements that you may enter with Conversion Marketing for using any premium feature or service being offered or made available on this website.
Nothing in this agreement shall create any kinds of partnership, joint venture, franchise, principal-agent, or employer-employee relationship between the parties to this agreement. You are not allowed to create, assume or enter an obligation or binding agreement on behalf of Conversion Marketing Solutions.
Conversion Marketing shall be entitled to assign its rights, duties, interests, and obligations under this agreement to any third party or service provider and/or collaborate with them to provide the services being offered or made available on this website. However, you shall obtain a prior consent from Conversion Marketing Solutions before any such transfer or reassignment, whether by operation of law or otherwise, of your rights and obligations under this agreement.
If Conversion Marketing is unable to enforce any provision of this agreement or ignores your non-compliance under specific circumstances, it shall never be deemed as a waiver of its rights and remedies with respect to subsequent non-compliance, violation, or breach of this agreement.
All notices, declarations, or communications between the parties to this agreement, including the execution of this agreement, shall take place through electronically transmitted media or manner. This agreement may be executed in any number of counterparts, and each such counterparts, whether executed by facsimile or any other electronically transmitted media or manner, shall be deemed as an original of the same document.
If any clause or provision of this agreement becomes unenforceable or declared null and void by the courts of the competent authority, the impugned provisions shall be severed from this agreement. The remaining terms and conditions of this agreement shall survive with complete legal sanctity to be binding and fully enforceable.
Applicable Laws
The provisions of this agreement shall be interpreted and governed in accordance with the laws of the State of California, without regard to any principles of conflicts of law in that state or otherwise. The parties to this agreement shall consent to submit to the exclusive jurisdiction of the courts in the United States with respect to any claim or dispute that may not be amicably settled through mutual negotiations as set forth in this agreement.
Changes to this Agreement
Conversion Marketing reserves a right to modify or replace these terms and conditions at its sole discretion. If any provision of this agreement is modified, we will publish an update on this website and send a notification to your primary email address registered with us.
Once an update is notified, the modified terms and conditions shall replace and supersede all your previous agreements with Conversion Marketing. Continued access to this website or use of its database/services shall be deemed as your consent to accept the modified agreement.
Contact Us
If you have any issues or need further explanation of these terms and conditions, please submit your queries through our contact form or send your email to [email protected]. You can also reach us by mail at:
Conversion Marketing
31416 Agoura Road, Westlake Village, CA 91361
