Terms of Use

NetProspex Inc.

Effective as of February 15, 2012

The following terms of use (“Agreement”) govern your use of NetProspex.com (“NetProspex.com” or the “Site”) and the services (including User Content Contribution, See Section 8) (the “Services”) offered by NetProspex Inc. (“NetProspex”) on and through our Site, including use of any NetProspex Site information and data, and participation in any public areas, such as free search and results therefrom, blogs, chat rooms, review areas or bulletin boards (the “Public Areas”).

Please read the requirements of this Agreement carefully. Your use of and/or registration for any Services constitute your agreement to comply with the terms of this Agreement. You can access this Agreement at any time at https://www.netprospex.com/np/terms-of-use. If you cannot agree to and comply with this Agreement and its requirements, you are expressly prohibited from use of the Services and must exit NetProspex.com.

If you register with us for certain Services, you will be asked to scroll through the provisions of this Agreement and click the “Accept” button to memorialize your agreement to the terms and conditions of this Agreement and commit yourself to comply with the related obligations. In the direct sales process (by phone or in person), you may be asked to acknowledge receipt of the URL to or paper version of this Agreement.

1. Privacy Policy

In addition to reviewing this Agreement, you should also review our Privacy and Security Policy (“Privacy Policy”) https://www.netprospex.com/np/privacy, which is incorporated by reference into this Agreement, to better understand how we collect and use personal information. Your use of the Site and the Services constitutes your agreement to its terms and conditions.

2. Registration with NetProspex.com

You may visit our Site without registering, but if you wish to use our Services or use other special features offered on NetProspex.com, you will need to provide us with certain information to open an account with us, including your name, address, phone number and email address. You will also need to create a user ID and a password to protect your account information. As a registered user (“User”) of the Site, you represent and warrant that: (i) you are 18 years of age or older; (ii) the information provided in the NetProspex registration form is true, accurate, current and complete; (iii) you will maintain and update the registration information to keep it true, accurate, current, and complete; and (iv) the information in the registration form belongs to you.

You may need to provide credit card information to use certain aspects of our Services, such as purchasing Contact Information (as defined further below). You authorize NetProspex to share information about you with its affiliates and/or third party service providers as is necessary to process payments or perform other requested transactions on your behalf. If you provide us with credit card information, you agree to keep your credit card information up to date and will notify NetProspex of credit card loss, theft or unauthorized usage. You may change credit card information by updating your information through “My Account.”

3. Changes to Agreement and Additional Rules of Usage

NetProspex reserves the right, at any time and with or without prior notice to you, to modify, alter or update this Agreement, although such changes will not affect any pricing or payment terms agreed on in any then-current agreements, purchase or sales orders between the parties. The date of the most recent revision will appear on this page. While NetProspex may attempt to notify Users through their most current email address on record with us of material changes to this Agreement, your continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Notice of material changes and/or revisions to this Agreement shall be posted on the NetProspex.com site. NetProspex also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of NetProspex.com, which may be posted in the relevant parts of NetProspex.com, and will be clearly identified. Your continued use of NetProspex.com constitutes your agreement to comply with these additional rules.

4. Suspension or Termination of Your Use

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, at any time and without notice, in addition to NetProspex’s other remedies. NetProspex further reserves the right to terminate, without notice, any User’s account and/or any User’s access to or use of NetProspex.com for any reason. However, whenever possible, NetProspex will notify a User of its intention to terminate such User’s account or access to or use of NetProspex.com prior to such termination.

5. Termination of Services

NetProspex reserves the right, without prior notice, at any time and for any reason, including but not limited to, non-payment, material breach or misuse of the Services, to terminate NetProspex.com or any portion thereof or any products or Services offered through NetProspex.com. NetProspex will attempt to notify Users at their most current email address on record with us of termination of the Site or the Services, but you agree that NetProspex may terminate the Services without notice if a current email address is not on record or has changed. Unless set forth otherwise, in a separate written agreement between the parties, a User may terminate this Agreement at any time by terminating the User's subscription in the "My Account" section of the Site or in writing using the contact information in the Notices section. The sections of this Agreement which by their nature must survive termination or expiration of this Agreement shall so survive.

6. Replacement Credits

Within 30 days of the download of a record, Users may report inaccuracies or errors in email addresses and/or phone numbers with respect to any Contact Information provided by NetProspex as they become known to the User. If the User finds that certain Contact Information is not valid, i.e., the person has left his/her former place of employment or cannot be reached via the Contact Information provided, the "Contest Record" tool allows the User to inform NetProspex of the issue. NetProspex may investigate and may, in its sole discretion, determine to provide the User’s account with credit for a replacement record. From time to time, NetProspex may check the veracity of contested records in order to avoid abuse of the Service. Users who use the "Contest Record" feature who are found in the sole discretion of NetProspex to consistently report false information may be barred from using the tool or limited to a volume of replacement records no greater than the average inaccuracy for the database as determined by NetProspex. Users are not allowed to contest records and gain credits for information that they have provided to the database themselves.

7. Use of the Service By You

You may view and use the Site Information only in accordance with the terms of this Agreement. Subject to NetProspex’s rights to rescind, described below, you as a User are granted a single-user (unless otherwise agreed to by the parties in writing), non-exclusive, non-assignable, fully revocable, non-transferable license to access and use the information in the Site (the “License”). You represent and warrant that you will use the system and the information on the Site for legitimate business purposes related to your own sales and marketing activities and in a manner that complies with all applicable local, state and federal laws. You may not modify, distribute, publish, license, create derivative works from, transfer, transfer in bulk, or sell any information or content contained on the Site, except that User may store, print or use information downloaded from the Site, and upload it into a CRM tool, for User's own use for sales and marketing purposes. NetProspex reserves the right to rescind your License to any Site Information and Content that NetProspex may decide to recall for any reason (“Recalled Data”). You agree to cease any further use of Recalled Data promptly upon notice of its recall by NetProspex, and failure to do so may result in termination of your rights as a User. You are responsible for the use of the Site and the Services by you and by those you authorize to use or access the Site and the Services on your behalf. You may not share your account with other third parties. Users may not violate or attempt to violate the security of the Site, including, without limitation: (i) log in to a server or account that User is not authorized to access; (ii) attempt to test, scan, probe or hack the Site or any network used by the Site or to breach the security of the Site or identify any security vulnerabilities on the Site or with the Services; (iii)) attempt to interfere with the Site by overloading, flooding, pinging, mail bombing or crashing it; (iv) reverse engineer, decompile or disassemble any portion of the Site; and (v) use or attempt to use any spiders, robots or intelligent agents to navigate or search any portion of the Site, or otherwise scrape the Site, to extract Content. NetProspex.com may be used only as contemplated by this Agreement. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You may not use Contact Information obtained through this Site, including but not limited to, email addresses, to send email to any individual unless such email communication fully complies with all federal and state laws protecting individuals from unsolicited commercial emails, including the federal CAN-SPAM Act of 2003, as it may be amended from time to time, 15 USC § 7701 et seq. In the event that an individual requests (“opts out”) that you stop sending him/her such email communications, you shall do so promptly and, in any event, within the time periods specified by applicable law. You must also comply with industry standard best practices with respect to email marketing and applicable federal and state Do-Not-Call, anti-junk fax and similar requirements. You acknowledge and agree that NetProspex may share information about you and your account in response to law enforcement inquiries and government investigations (please review our Privacy Policy for other disclosures which NetProspex may make) and that you will cooperate with any such law enforcement or government investigations involving your use of our Services or our Site.

8. User Content Contribution to NetProspex

A. DESCRIPTION OF USER CONTENT CONTRIBUTION SERVICE. One of NetProspex’s unique Services is the User Content Contribution Service. User Content Contribution Service is defined as a Service Users may access through the NetProspex site whereby such User may contribute User-originated content, including individuals’ job title, and basic business contact information which may be used by other Users of the Site for sales and marketing purposes (“Contact Information”) and other information (collectively, “Content”) to the Site in return for credits to obtain other Content available on the Site (e.g., through trading). Such Users may, at the same time, also purchase Content available on the Site. By contributing Content, you grant NetProspex, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.

Credits obtained through use of the User Content Contribution Services may only be used on the Site and are not exchangeable for currency value. NetProspex reserves the right to remove any accrued credits if not used within a time period of 18 months from receipt, and, no reimbursement may be made to the User. If your account with us must be terminated for any reason, NetProspex reserves the right to not reimburse you for accrued credits.

You represent and warrant that you will not provide as Content to this Site any Contact Information of parties who have informed you that they do not wish such information to be shared with this Site or with other parties. You also agree that you will not provide any additional elements about Contact Information other than the fields which the Site permits. Contact Information that you may contribute is limited to: name of the business contact, job title, company associated with the contact, business address, business phone number(s) (which may include cell phone number if that number is used primarily for business purposes), business email address and business website/url. NetProspex does not accept any other categories of Contact Information. If you send other elements of information to NetProspex, NetProspex will attempt to delete or dispose of such information promptly. You represent and warrant that you will not provide to NetProspex “confidential personal information” or “nonpublic personal information” about an individual, as those or similar terms may be defined under applicable local, state and federal laws and regulations. You agree not to provide any information about persons under the age of 18. You represent and warrant that any Contact Information you provide to us is business contact information about a specific living individual, and not about a fictitious person, created personality or an animal.

You will not provide any Content to NetProspex which may result in legal liability to NetProspex (e.g., you will not provide another party’s tracer or seed record emails). You will not provide any e-mail addresses to NetProspex which involved the collection or auto-generation by abusive means, which includes “harvesting” (the collection of e-mail addresses that are posted on the Internet via web scraping, web mining and/or web crawling technology) and “e-mail modeling” (the auto-generation of e-mail addresses by combining names, letters and/or numbers into different combinations, regardless of data accuracy; otherwise known as “dictionary attacks”). You may not use the Site or the Services to advertise or solicit for other products or services without NetProspex’s express consent.NetProspex's use of Content provided by the User is solely at the discretion of NetProspex. NetProspex determines which Content to use based on its own criteria, including the presence of similar Content provided to the Site and the accuracy of that Content, determined by various proprietary methods. The Services include NetProspex’s rating of the accuracy of Content; any such rating decisions by NetProspex are final, and User agrees it has no recourse against NetProspex for such ratings and releases any claims related to such rating decisions.

B. UNACCEPTABLE CONTENT. NetProspex makes these User Contribution Services available to Users and facilitates such Users’ ability to contribute Content, including but not limited to Contact Information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials, to Public Areas and/or private portions of NetProspex.com, subject to the restrictions set forth in this Agreement. If you contribute any Content to any portion of NetProspex.com, you represent and warrant that you will not contribute any unacceptable Content (“Unacceptable Content”). NetProspex reserves the right to reject or remove any Unacceptable Content for any reason. Unacceptable Content includes, but is not limited to, Content that:

a. Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;

b. Includes individual e-mail addresses that were: 1) posted on and harvested from the Internet via web scraping, web mining and/or web crawling technology; and 2) auto-generated by combining names, letters and/or numbers into different combinations, regardless of data accuracy (otherwise known as “dictionary attacks”). The aforementioned methods of e-mail address collection are considered “abusive,” and unlawful and inappropriate;

c. Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party;

d. Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;

e. Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;

f. Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;

g. Was obtained on a fraudulent basis, including through pre-texting, or through accessing on an unauthorized basis the confidential and/or proprietary information of other parties. You may not use illegal or anti-competitive means to obtain and contribute Content; any market intelligence research conducted by you in developing Content contributed to this Site shall not violate any applicable laws or industry self-regulatory standards

h. Is libelous, defamatory, or knowingly false or misrepresents another person;

i. Seeks to impersonate any person or entity, or falsely states or otherwise represents your affiliation with a person or entity;

j. Is harmful to NetProspex’s or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information; and/or

k. Consists of any other Content that NetProspex in its sole discretion deems to be Unacceptable Content.

C. CONTENT POSTED PURSUANT TO USER CONTENT CONTRIBUTION NOT ENDORSED BY NETPROSPEX.NetProspex does not necessarily endorse, support, sanction, encourage, or agree with the Content contributed by Users who contribute Content to NetProspex.com. Any Content placed on NetProspex.com, including Contact Information, advice and opinions, are the views and responsibility of Users who contribute the Content and do not necessarily represent the views of NetProspex, its affiliates or its third party service providers. NetProspex reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on NetProspex.com, in its sole discretion, without notice. You agree that NetProspex, its affiliates and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content contributed to NetProspex.com by Users, including Unacceptable Content that violates this Agreement

9. Ownership of the Site and Site Information

NetProspex.com is expressly owned and operated by NetProspex. Unless otherwise noted, the design and content features on NetProspex.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by NetProspex or its affiliates or are licensed by NetProspex from third parties. The Site, as a whole and in part, and the Site Information is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved and User shall abide by those laws. By furnishing Site Information, NetProspex does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights.

10. Site Availability

NetProspex will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for scheduled maintenance time. NetProspex will not be liable for losses related to User's inability to access Content due to disruptions of the Site. NetProspex shall be excused from its performance of any obligations under this Agreement which are prevented or interfered with due to acts or conditions beyond the reasonable control of NetProspex. NetProspex recommends that Users periodically back up User data onto media not associated with NetProspex.

11. Content and Site Information is Provided “As Is”

Content and Site Information is provided “as is” with all faults. You use the Content and Site Information, as authorized herein, at your own risk. Content and Site Information may contain errors, omissions, inaccuracies or typographical errors or may be out of date. NetProspex.com may change, delete or update any Content and Site Information at any time and without prior notice. Neither NetProspex nor its Users who provide Prospect Information and/or Content assume any responsibility regarding the accuracy of the information that is provided and use of such information is at a User's own risk. NetProspex, its affiliates, and its third party service providers, shall not be liable for losses or damages a User may incur due to any errors or omissions in any Content or Site Information or any inaccurate interpretations of Content or Site Information.

12. Third Party Linkages

You acknowledge that NetProspex has not reviewed and does not endorse the content of third party sites linked to and from NetProspex.com and is not responsible for the content or actions of these other sites, including those third party sites that may display NetProspex’s logo or branding. Your linking through NetProspex.com to any site is at your own risk.

13. Indemnification

You agree to indemnify NetProspex and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorneys’ fees) (collectively, “Claims”) which may arise from: (i) if applicable, your Content contributions (including the use, reproduction, display, transmission, performance or distribution of the Content you contributed) pursuant to the User Content Contribution Service; (ii) your misuse of your NetProspex account; (iii) your unauthorized use of the Services or Site Information obtained through NetProspex.com; or (iv) your breach of this Agreement. NetProspex shall provide to User prompt written notice of such Claims and shall provide proper and full information and reasonable assistance to User for the defense and/or settlement any such Claims. NetProspex reserves the right to assume the exclusive control of any such defense of any such Claim.

14. Disclaimer of Warranty and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE CONTENT, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NETPROSPEX, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. NETPROSPEX, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF NETPROSPEX.COM. NETPROSPEX, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES, INCLUDING CONTENT, HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE CONTENT, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO NETPROSPEX.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CONSUMER, SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO RELEASE NETPROSPEX, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. NOTWITHSTANDING THE FOREGOING, IF THE LIMITATIONS OF LIABILITY OR EXCLUSIONS OF WARRANTY OR RELEASES SET FORTH IN THIS AGREEMENT ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, NETPROSPEX'S, ITS AFFILIATES’ AND ITS THIRD PARTY SERVICE PROVIDERS’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.

15. The Security of NetProspex.com

We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable state and federal laws that are designed to guard NetProspex.com, our systems and our customers’ personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, NetProspex cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.

16. Electronic Communications 

When you visit NetProspex.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on NetProspex.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

17. Jurisdiction and Governing Law

NetProspex makes no representation that the Content, the Site Information, or the Services offered through NetProspex.com are appropriate, available or legal in any particular location. Those who choose to access the Content, the Site Information, and the Services offered through NetProspex.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Boston, Massachusetts; both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. User understands and agrees that, in addition to money damages, NetProspex shall be entitled to equitable relief where appropriate upon User's breach of any portion of this Agreement.

18. NetProspex.com is for Use in the United States 

NetProspex.com is hosted in the United States and is intended for Users located in the United States. If you are a non-U.S. User of NetProspex.com, by visiting our Site, using its Services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. NetProspex.com is hosted on servers located in the United States. By registering with and using the Site, you acknowledge that the United States may be a jurisdiction with privacy and security law regimes less protective of personal information than under the laws of your non-U.S. jurisdiction and you expressly consent to the transfer and maintenance of your information to the United States.

19. Eligibility to Use the Site and the Services

The Site and the Services are not intended for users under the age of 18. If you are a minor under the age of 18, you may only use NetProspex.com in conjunction with your parents or guardians. NetProspex does not knowingly collect personally identifiable information from users under the age of 13. Children under age 13 should not send any information about themselves to NetProspex. If a child under age 13 submits information through any part of NetProspex.com, and NetProspex becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

20. Intellectual Property Rights, including Copyright, Complaints

NetProspex respects the intellectual property of others, and we ask our Users to do the same by notifying NetProspex of any suspected infringement of a third party's intellectual property rights. NetProspex may, in appropriate circumstances and at its discretion, terminate the access of Users who infringe the intellectual property rights, including copyright rights, of others. If you believe that your work has been copied and is accessible on NetProspex.com in a way that constitutes copyright infringement, or that NetProspex.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify NetProspex in writing by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512, to NetProspex’s address set forth in the Notices section below, to the attention of “NetProspex Copyright Agent.” Notification of other suspected infringements of a third party’s intellectual property rights may be made in writing to the same address. We may act in our sole discretion on such infringement notices, but make no commitment that we will respond to and/or act on every such notice received.

21. Customer Support

If you are having problems with the Site and/or the Services, please contact our customer support team by visiting http://support.netprospex.com/, sending an email to support@netprospex.com or calling us at 1-888-826-4877 ext #2.

22. Subjects of Contact Information

If you are the subject of Contact Information and wish to report to us inaccuracies or errors or other problems or issues with the Contact Information we may have on record about you, you may contact us, even if you are not a registered User, at http://support.netprospex.com/, via email at support@netprospex.com or via our customer support number at 1-888-826-4877 ext #2.

23. Miscellaneous

User agrees that no joint venture, partnership, employment or agency relationship exists between User and NetProspex as a result of this Agreement and/or User's use of the Site. User may not assign any part of its rights and obligations under this Agreement without NetProspex's prior written consent, provided, however, that either party may assign its rights and obligations under this Agreement, with prior written notice to the other (but not consent) in the event of a business merger, acquisition or transfer of all or substantially all of the business assets. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The terms of this Agreement are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it.

24. Notices

Notices required to be made to NetProspex under this Agreement shall be made by email to support@netprospex.com and in writing to NetProspex, Inc., Attn: Admin & Legal, 300 Third Avenue, Waltham, MA 02451.

25. Entire Agreement

This Agreement, along with the incorporated Privacy Policy and the terms of any purchase or sales order with NetProspex, represent the entire binding agreement between User and NetProspex, and each party's respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Site or the information therein. In the event of a conflict between the terms and conditions of any purchase order with NetProspex and this Agreement, the terms and conditions of this Agreement will prevail.

26. Trademark Notice

“NetProspex,” “NetProspex.com”, the NetProspex and NetProspex.com logos, and “CleneStep” are trademarks of NetProspex. Other featured words or symbols, used to identify the source of other services, may be the trademarks of their respective owners.

NetProspex.com

NetProspex Inc.

300 Third Avenue

Waltham, MA 02451

Last update to these Terms of Use, February 15, 2012 (updating the Terms of Use dated December 15, 2010)