This brief summary of some of the terms of this Agreement is for illustrative purposes and to make the Agreement easier to understand. Please note you must read, understand, and agree to this Agreement in its entirety, and to the extent any of the express terms in Sections 1 through 13 below conflict with this summary or any portion thereof, expressly or by implication, the term stated below shall prevail. Please note the following provisions of this Agreement:
Subject to all of the conditions and terms hereof, DiscoverOrg grants you a non-exclusive, non- assignable, revocable license (the "License") to access and use the Services during the term hereof.
By accepting this Agreement and registering for LeadLookup, and as a condition to accessing and using the Services, you authorize the Application to access the information in your email account (e.g. Gmail, Microsoft Outlook). You acknowledge, understand, and agree that while after this permission is granted and until it is revoked, the Application will automatically extract certain information regarding business and business people (collectively "Client Data") that may be stored in your email account on a remote server. The Application uses automated algorithms to parse email messages, headers, and signatures on an anonymous basis to collect and verify, with respect to business professionals, information such as company, job title, email address, business phone number, and ofﬁce location, and with respect to businesses, business address, phone number, website, email address, fax number, and similar information. If you have any concerns about making such contributions or have reason to believe your employer does not allow such contributions, do not accept these terms, do not access or use any of the Services, if registration has begun, click the "Cancel" button to halt the access permission, or, if such concerns arise after permission has been granted, immediately cease using the Services and revoke the access permissions granted to the Application. By continuing to access or use the Services and granting access permission to the Application, you grant DiscoverOrg and any of its afﬁliates the following licenses: (i) a license to access Client Data that you have stored in your email client, including in your contacts list and email messages, until you revoke the Application’s permission to access your email account and (ii) an irrevocable license to reproduce, distribute, publish, perform, make derivative works of, or display the Client Data or any portion thereof, and sell, transfer, assign, sublicense, disclose, or make available the Client Data or any portion thereof to any third party, including DiscoverOrg’s customers, contractors, strategic partners, agents, and service providers. The foregoing license grants to DiscoverOrg shall be worldwide, non-exclusive, perpetual, fully paid-up, and royalty-free, and DiscoverOrg shall have the right to sublicense, assign, or transfer such licenses in its discretion.
In exchange for providing DiscoverOrg with access to your email account, as described above, you will be entitled to use the LeadLookup Service, which permits you to access premium information, such as names, job titles, email addresses and phone numbers, in the DiscoverOrg database (the "Licensed Materials") for so long as you have granted access permissions to the Application and contribute Client Data, as provided herein. Immediately and without further action by DiscoverOrg, if you revoke the Application’s permission to access your email account, your authorization to access or use the Services will automatically be revoked and you must immediately cease using the Services.
In using the Service, you shall not:
You may not develop or derive for commercial sale any data in any form that incorporates or uses any of the Licensed Materials. Except with the prior written consent of DiscoverOrg, you may not transfer or disclose any Licensed Materials to anyone else. You may not use the Services in a commercial service bureau environment including any provision or export of Licensed Materials to third parties in any form whatsoever. You may use the Services solely for personal and/or your internal business purposes only, subject to the limitations set forth herein.
You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Information, except that you may store, print and/or email personal or company summaries of Information as needed for your personal, noncommercial use.
You are solely responsible for the content of any submission you make to DiscoverOrg. DiscoverOrg reserves the right, but does not assume any obligation, to delete messages or other content that DiscoverOrg, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
DiscoverOrg does not want to receive conﬁdential or proprietary information from you. You acknowledge that any information or material you send to DiscoverOrg will be presumed not to be conﬁdential unless otherwise provided in a written agreement between you and DiscoverOrg. Unless otherwise provided in a written agreement between you and DiscoverOrg, by sending DiscoverOrg any information or other material, you grant DiscoverOrg a nonexclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, sublicensable, right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from, and distribute that material or information, and you also agree that DiscoverOrg is free to use any ideas, concepts, knowhow or techniques that you send us for any purpose. You further agree to indemnify, defend and hold DiscoverOrg harmless from any liability arising due to the use or distribution of any such material or information.
DiscoverOrg and/or its licensors own the Services and Licensed Materials, including all software and other technology provided or employed by DiscoverOrg in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising or contained within the Services, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. Without limitation of the foregoing, as between DiscoverOrg and you, DiscoverOrg shall retain all right, title and interest in and to the compiled biographical and company data and all other materials accessible by means of the Services, including news articles, company summaries, company descriptions, people summaries and contact information, and the selection, coordination and arrangement of such content, and you shall not acquire ownership in any of the Information by reason of the License. You shall abide by all additional copyright notices or restrictions contained in any content accessed through the Site.
By furnishing Information, DiscoverOrg does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Services, as set forth herein. All rights not expressly granted herein under the License are reserved by DiscoverOrg.
DiscoverOrg may make improvements or changes in the Services at any time without notice.
DiscoverOrg shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties except to the extent provided by applicable law.
DiscoverOrg shall not be liable for any loss or damage resulting from total or partial loss of any data you upload using the Services. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. DiscoverOrg recommends that you periodically back up your information onto media not associated with DiscoverOrg.
DiscoverOrg will use reasonable commercial efforts to provide the Services on a 24/7 basis but it shall not be responsible for any disruption, regardless of length.
The term hereof will commence when you ﬁrst access the Services and continue in effect until terminated by either party, provided that your License with respect to particular Products may sooner expire as provided herein. DiscoverOrg may, in its sole discretion, terminate or suspend your access to all or part of the Services for any or no reason and with no prior notice to you; provided, however, if DiscoverOrg terminates for a reason other than your misconduct or breach of these Terms, and you have prepaid for Services, DiscoverOrg will recompense you on a pro rata basis for such prepaid amounts. You may terminate these Terms at any time by discontinuing use of the Services. Upon termination of these Terms for any reason, the License will likewise terminate and you shall immediately cease using the Services, including the Information. The provisions of Sections 6 and 1013 hereof shall survive the expiration or termination of these Terms.
The Site contains links to websites that DiscoverOrg does not operate. DiscoverOrg is not responsible for the content of these websites, and you should direct any concerns regarding these websites to their respective site administrators or webmasters.
You represent, warrant and covenant (a) that no information of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen (18) years old. You represent, warrant, and covenant that you are authorized by your employer, if applicable, to sign up for LeadLookup and to share your email signature block information with LeadLookup and that you are not prohibited by any contract, policy, rule, or regulation from doing so. You agree to indemnify, defend and hold harmless DiscoverOrg and its successors or assigns, and all ofﬁcers, directors, owners, agents, information providers, afﬁliates, licensors and licensees of the foregoing (collectively, the "Indemniﬁed Parties") from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemniﬁed Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DiscoverOrg reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemniﬁcation by you.
DiscoverOrg may modify these Terms at any time, and (i) such changes will become effective and binding after DiscoverOrg provides notice to you that these Terms have changed, and you ﬁrst use the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective. If at any time you ﬁnd these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
Relationship. No joint venture, partnership, employment or agency relationship exists between you and DiscoverOrg as a result of these Terms and/or your use of the Services.
Authority. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. The parties agree that these Terms shall be effective as of the date accepted by you.
Entire Agreement. These Terms represent the entire binding agreement between you and DiscoverOrg with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Services. If you use particular Services, you and DiscoverOrg shall be subject to any additional posted terms, guidelines or rules applicable to such Services. A printed version of these Terms and of any notice given shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment and Waiver. DiscoverOrg may assign these Terms at its discretion. You may not assign, sublicense or transfer these Terms or the License in whole or in part to anyone else. 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.
Jurisdiction. These Terms shall be governed by the laws of the United States of America and the State of Washington, without regard to conﬂict of laws rules, and you hereby give your consent to have any action or dispute between you and DiscoverOrg resolved exclusively within the jurisdiction of the state or federal courts located in the State of Washington.
Equitable Relief. In addition to money damages, DiscoverOrg shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms.
Severability. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent.
Legal Expenses. The prevailing party in any legal action brought by one party against the other that arises out of these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys’ fees.
Construction. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to "including" and variations thereof shall be deemed to mean, "including, but not limited to."
Notices. Notices required or permitted hereunder that are intended for you personally and not all users of the Services shall be sent to you at the most recent email address on ﬁle with DiscoverOrg. Notices to DiscoverOrg shall be sent by email to firstname.lastname@example.org or by mail to DiscoverOrg, LLC, 805 Broadway St., Suite 900, Vancouver, WA 98660.