Based upon the Subscriber's agreement to adhere to the Terms of Use and this Subscribers Licensing Agreement, American Data Providers.com grants and conveys to the Subscriber, during the term of Subscriber's free trial access and paid subscription access, a non-exclusive, non-transferable license to use the data, information and services provided through the American Data Providers.com website subject to the License Restrictions detailed below.
License Restrictions
Subscriber represents, warrants, affirms and agrees that the data, information and services provided by American Data Providers.com to Subscriber will only be used by Subscriber and that Subscriber will not permit or allow the data, information and services to be used by an agent, representative, consultant, organization, third party or any other person or entity. Subscriber further represents, warrants, affirms and agrees that Subscriber will not transfer, sell, convey, resell or sublicense any data, information or services provided by American Data Providers.com to Subscriber in any medium, form, manner or format whatsoever, for any purpose whatsoever.
Proprietary Rights
Subscriber represents, warrants, affirms and agrees that the data, information, services and American Data Providers.com name are proprietary information and property of American Data Providers.com, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Subscriber's subscription only allows Subscriber to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use.
Consequences of Non-Compliance with Terms of Use
Any time American Data Providers.com believes, in its sole discretion, that Subscriber has violated any term, condition, restriction, permitted use or limitation provided in the Terms of Use, or this Subscriber Licensing Agreement. American Data Providers.com may immediately terminate Subscriber's subscription. Subscriber's sole remedy shall be to receive a pro-rata refund of the monthly subscription fee paid by Subscriber for the remaining days of the then current month of prepaid fees.
Terms of Subscription
The term of Subscriber's subscription is the length of time you have agreed to subscribe to this service either 1 year, six months, or on a month to month basis. At the end of any fixed subscription term, unless you subscribe for another fixed term, your subscription will convert to a month to month subscription. If you are on a monthly subscription your term will automatically renew month-to-month unless terminated by Subscriber or American Data Providers.com. If Subscriber registers for free trial, the first month begins at the end of the trial period unless the subscription is terminated during the free trial.
Termination
American Data Providers.com reserves the right to cancel services to any Subscriber at any time. The Subscriber may cancel the Subscriber's subscriptions at any time, but fees due to American Data Providers.com up to the end of the then current monthly billing cycle at time of termination shall remain payable to American Data Providers.com. However, if you are on a six month or one year subscription your termination fee will be 20% of the remaining amount due during your term but not less than the amount due through the end of the current month.
The Subscriber may terminate contract in the following way:
1. The subscriber can terminate the contract by contacting American Data Providers.com by telephone (208-860-6786) or e-mail (info@americandataproviders.com) and request that their account be cancelled.
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Subscriber's Subscription.
PAYMENT OF CHARGES
A. American Data Providers.com currently charges a monthly subscription fee. The monthly subscription fee is calculated from the day of the month that the Subscriber's paid subscription commences. The Subscriber agrees that if the Subscriber applies for the three (3) day free trial subscription and does not cancel trial subscription, the Subscriber authorizes American Data Providers.com to convert the Subscriber's trial subscription into a regular monthly subscription effective on the third (3rd) day, or 72 hours and 1 minute following the Subscriber's initiation of the three (3) day trial subscription. The Subscriber authorizes American Data Providers.com to, and the Subscriber agrees that American Data Providers.com may, charge to the Subscriber's credit card, debit card or bank account, in advance, the Subscriber's regular monthly subscription fee for each month of the Subscriber's regular monthly subscription. The Subscriber authorizes American Data Providers.com to, and the Subscriber agrees that American Data Providers.com may, modify and/or change the monthly subscription fee charged to the Subscriber upon thirty (30) days notice to the Subscriber sent by e-mail (unless subscriber has signed up for a six month or one year minimum term, in which case the subscription fee cannot be modified until the end of that term). The monthly subscription fee payable in advance and due on the first day of the monthly subscription and is non-refundable and accrues until canceled whether or not the Subscriber accesses the database.
B. On Time Payment The Subscriber is required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by American Data Providers.com. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. American Data Providers.com may terminate or disable the Subscriber's participation in American Data Providers.com services if the Subscriber fails to pay fully and in a timely manner all amounts due to American Data Providers.com. If the Subscriber's credit card expires or is otherwise declined for payment, access to American Data Providers.com services and websites can be modified or suspended without notice to the Subscriber.
AUTHORIZATION OF CARD FOR FREE TRIAL REGISTRATION
Upon registering for your free trial, your chosen method of payment (e.g. credit or check debit) will be authorized for the amount of one month of service for the region in which the county you selected is located, and your available balance or credit limit may reflect the authorization. Charges will be made against the card upon expiration of the free trial period. Cancellation during the free trial period will void the authorization, and any hold placed by the card issuer will be removed. Please check with your financial institution for details on their policies toward authorizations.
DISPUTE RESOLUTION The Subscriber agrees that any claim or controversy, arising out of or relating to the use of American Data Providers.com's services, to the goods or services provided by American Data Providers.com, or to any acts or omissions for which the Subscriber may contend American Data Providers.com is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Ada County, Idaho. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Subscriber shall select an arbitrator from a panel of arbitrators acceptable to American Data Providers.com. In any arbitration, American Data Providers.com will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Ada County, Idaho. Subscriber and American Data Providers.com agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE SUBSCRIBER AND AMERICAN DATA PROVIDERS.COM WILL BE RESOLVED BY BINDING ARBITRATION IN ADA COUNTY, IDAHO. THE SUBSCRIBER THUS GIVES UP THE SUBSCRIBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE SUBSCRIBER'S RIGHTS. THE SUBSCRIBER ALSO GIVES UP THE SUBSCRIBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE SUBSCRIBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE SUBSCRIBER AND AMERICAN DATA PROVIDERS.COM RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ADA COUNTY, IDAHO. This Subscriber Licensing Agreement, The Terms of Use and the Disclaimer constitute the entire agreement between the subscriber and American Data Providers, Inc.
Data
on this site is for informational purposes only and is not intended as
a substitute for individual due diligence and analysis or any type of
professional advice.
