Dun & Bradstreet NetProspex, Inc., a wholly-owned subsidiary of Dun & Bradstreet, Inc.
Effective as of May 24, 2016
Please read the requirements of these Terms carefully. Your use of the Site and/or registration for certain Services constitute your agreement to comply with these Terms. You can access the Terms at any time at http://www.netprospex.com/terms-of-use. Please refrain from using the Site or the Services if you are not able to comply with these Terms. Text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials, contributed to either Public Areas of the Site and/or within D&B NetProspex Services, are also subject to the restrictions set forth in these Terms.
Product Specific On-Line Terms:
If you register with us on-line for certain product-specific Services, you may be subject to additional terms and conditions, including payment of fees, which you will be asked to accept as your agreement to register for or use such Services and by doing so you commit yourself to comply with the obligations therein. Such additional product-specific terms shall be incorporated herein by reference, unless otherwise indicated in the terms for such Service.
For the D&B NetProspex Workbench Data Assessment Terms and Conditions, please go to: https://workbench.netprospex.com/terms-and-conditions
2. Registration with NetProspex.com and SmartMarketingDataHub.com
You may visit our Site without registering, but if you wish to use our Services or use other special features offered on or through NetProspex.com and SmartMarketingDataHub.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 D&B NetProspex registration form is true, accurate, current and complete; (iii) you will maintain and update the registration information in your D&B NetProspex account 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. You authorize D&B 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 D&B 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 Terms and Additional Rules of Usage
D&B NetProspex reserves the right, at any time and with or without prior notice to you, to modify, alter or update these Terms, 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 D&B NetProspex may attempt to notify Users through their most current email address on record with us of material changes to these Terms, your continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Terms. Notice of material changes and/or revisions to these Terms shall be posted on the NetProspex.com site. D&B NetProspex also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of NetProspex.com and SmartMarketingDataHub.com, which may be posted in the relevant parts of NetProspex.com, and will be clearly identified. Your continued use of NetProspex.com and SmartMarketingDataHub.com constitutes your agreement to comply with these additional rules.
4. Suspension or Termination of Your Use
Your failure to follow the requirements of these Terms may result in suspension or termination of your access to the Services, at any time and without notice, in addition to D&B NetProspex’s other remedies. D&B 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 and SmartMarketingDataHub.com for any reason. However, whenever possible, D&B NetProspex will notify a User of its intention to terminate such User’s account or access to or use of NetProspex.com and SmartMarketingDataHub.com prior to such termination.
5. Termination of Services
D&B 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 and SmartMarketingDataHub.com or any portion thereof or any products or Services offered through NetProspex.com and SmartMarketingDataHub.com. D&B 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 D&B NetProspex may terminate the Services without notice if a current email address is not on record or has changed. Unless termination is prohibited according to the terms of a separate written agreement between the parties, an on-line User may terminate these Terms 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 these Terms which by their nature must survive termination or expiration of these Terms shall so survive.
6. Replacement Credits
Within 30 days of the download of a record from the D&B NetProspex Content, Users may report inaccuracies or errors in email addresses and/or phone numbers with respect to such record provided by D&B NetProspex as they become known to the User. If the User finds that a certain record is not valid, i.e., the person has left his/her former place of employment or cannot be reached via the record provided, the “Contest Record” tool allows the User to inform D&B NetProspex of the issue. D&B 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, D&B 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 D&B 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 D&B NetProspex. Users are not allowed to contest records and gain credits for Content that they have contributed or provided to the database themselves by way of the User Content Contribution Service.
7. Use of the Service By You
You may view and use the Services and the Content only in accordance with these Terms. Subject to D&B 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 Services and the Content (the “License”). You represent and warrant that you will use the Content and Services 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 Content from the Services, except that User may store, print or use Content downloaded from the Site or Services, and upload it into a CRM tool, for User’s own use for sales and marketing purposes. D&B NetProspex reserves the right to rescind your License to any Site information and/or Content that D&B 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 D&B 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, the Content and the Services by you and by those you authorize to use or access the Site and/or 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 and/ or the Services, 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 and/or Services or any network used by the Site and/or the Services 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 and/or the Services, or otherwise scrape the Site and/or the Services, to extract Content. NetProspex.com, SmartMarketingDataHub.com and the Services may be used only as contemplated by these Terms. 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/or criminal liability.
You may not use Content 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.
8. Ownership of the Site and Site Information
NetProspex.com and SmartMarketingDataHub.com is expressly owned and operated by D&B NetProspex. Unless otherwise noted, the design and content features on NetProspex.com and SmartMarketingDataHub.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 D&B NetProspex or its affiliates or are licensed by D&B NetProspex from third parties. The Site, as a whole and in part, and the Site Information, are 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, D&B NetProspex does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights.
9. Site Availability
D&B NetProspex will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for scheduled maintenance time. D&B NetProspex will not be liable for losses related to User’s inability to access Services or Content due to disruptions of the Site. D&B NetProspex shall be excused from its performance of any obligations under these Terms which are prevented or interfered with due to acts or conditions beyond the reasonable control of D&B NetProspex. D&B NetProspex recommends that Users periodically back up User data onto media not associated with D&B NetProspex.
10. 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 and SmartMarketingDataHub.com may change, delete or update any Content and Site Information at any time and without prior notice. Neither D&B NetProspex nor its Users who provide Content through user content contribution assume any responsibility regarding the accuracy of the information that is provided and use of such information is at a User’s own risk. D&B 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.
11. Third Party Linkages
You acknowledge that D&B NetProspex has not reviewed and does not endorse the content of third party sites linked to and from NetProspex.com and SmartMarketingDataHub.com and is not responsible for the content or actions of these other sites, including those third party sites that may display D&B NetProspex’s logo or branding. Your linking through NetProspex.com and SmartMarketingDataHub.com to any site is at your own risk.
You agree to indemnify D&B 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) your misuse of your D&B NetProspex account; (ii) your unauthorized use of the Services or Site Information obtained through NetProspex.com and SmartMarketingDataHub.com; or (iii) your breach of these Terms. D&B 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 of any such Claims. D&B NetProspex reserves the right to assume the exclusive control of any such defense of any such Claim.
13. 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, D&B 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. D&B NETPROSPEX, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND/OR 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 D&B NETPROSPEX.COM. D&B 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 THESE TERMS, 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 AND SMARTMARKETINGDATAHUB.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 D&B 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, THE CONTENT AND/OR ITS SERVICES. NOTWITHSTANDING THE FOREGOING, IF THE LIMITATIONS OF LIABILITY OR EXCLUSIONS OF WARRANTY OR RELEASES SET FORTH IN THESE TERMS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, D&B NETPROSPEX’S, ITS AFFILIATES’ AND ITS THIRD PARTY SERVICE PROVIDERS’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
14. 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 and SmartMarketingDataHub.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, D&B 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.
15. Electronic Communications
When you visit NetProspex.com and SmartMarketingDataHub.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 and SmartMarketingDataHub.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.
16. Jurisdiction and Governing Law
D&B NetProspex makes no representation that the Content, the Site Information, or the Services offered through NetProspex.com and SmartMarketingDataHub.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 and SmartMarketingDataHub.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 these Terms, 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 these Terms 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, D&B NetProspex shall be entitled to equitable relief where appropriate upon User’s breach of any portion of these Terms.
17. NetProspex.com is for Use in the United States
NetProspex.com and SmartMarketingDataHub.com are 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 and SmartMarketingDataHub.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 and SmartMarketingDataHub.com are 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.
18. 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 and SmartMarketingDataHub.com in conjunction with your parents or guardians. D&B 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 D&B NetProspex. If a child under age 13 submits information through any part of NetProspex.com or SmartMarketingDataHub.com, and D&B NetProspex becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
19. Intellectual Property Rights, including Copyright, Complaints
D&B NetProspex respects the intellectual property of others, and we ask our Users to do the same by notifying D&B NetProspex of any suspected infringement of a third party’s intellectual property rights. D&B 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 or SmartMarketingDataHub.com in a way that constitutes copyright infringement, or that NetProspex.com or SmartMarketingDataHub.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify D&B 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 D&B NetProspex’s address set forth in the Notices section below, to the attention of “D&B 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.
20. 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 firstname.lastname@example.org or calling us at 1-888-826-4877 ext #2.
21. Subjects of Content within D&B NetProspex Services
If you are the subject of Content contained within any D&B NetProspex Service or Services and wish to report to us inaccuracies or errors or other problems or issues with the Content 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 email@example.com or via our customer support number at 1-888-826-4877 ext #2.
User agrees that no joint venture, partnership, employment or agency relationship exists between User and D&B NetProspex as a result of these Terms and/or User’s use of the Site. User may not assign any part of its rights and obligations under these Terms without D&B NetProspex’s prior written consent, provided, however, that either party may assign its rights and obligations under these Terms, 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 these Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it.
Notices required to be made to D&B NetProspex under these Terms shall be made by email to firstname.lastname@example.org and in writing to D&B NetProspex, Inc., Attn: Admin & Legal, 300 Third Avenue, Waltham, MA 02451.Notices to User shall be made to User via email to the email registered to User’s account.
24. Entire Agreement
25. Trademark Notice
“NetProspex,” “NetProspex.com”, the NetProspex and NetProspex.com logos, “CleneStep,” “CleneProspex,” “Data HealthScan,” “SalesProspex,” “D&B NetProspex,” “Dun & Bradstreet NetProspex,” “SmartMarketingDataHub.com” and other trademarks, not set forth here, but used by D&B NetProspex, are trademarks of D&B NetProspex. Other featured words or symbols, used to identify the source of other services, may be the trademarks of their respective owners.
NetProspex.com and SmartMarketingDataHub.com
Dun & Bradstreet NetProspex Inc., a wholly-owned subsidiary of Dun & Bradstreet Inc.
300 Third Avenue
Waltham, MA 02451