These Terms of Service (“Agreement”) govern the relationship between Logical Data Solution (“Company,” “we,” “us,” or “our”) and the business entity or individual (“Client,” “you,” or “your”) accessing our website (logicaldatasolution.com) (the “Site”) or purchasing our products and services (collectively, the “Services”). By accessing the Site, requesting a quote, placing an order, signing a proposal or statement of work, or otherwise using any Services, you agree to be bound by this Agreement. If you do not agree, do not use the Site or Services.
1. Acceptance and Eligibility
1.1 Binding Agreement. This Agreement is a legally binding contract between you and the Company. If you are entering into this Agreement on behalf of a business entity, you represent that you have authority to bind that entity.
1.2 Eligibility. The Services are intended for business-to-business (“B2B”) use. You agree to use the Services only for lawful business purposes and in accordance with this Agreement.
2. Our Services
Logical Data Solution provides comprehensive B2B mailing list and data solutions, including but not limited to:
- Mailing Lists: customized B2B contact databases and targeted email leads tailored to Client criteria (industry, job title, company size, geography, and other available attributes).
- Email Marketing: services intended to generate sales leads and support outbound marketing efforts.
- Data Append Services: enhancing Client-provided records through email, phone, postal address, social media, and reverse appending.
- Data Scrub: review and cleansing of outdated or incomplete datasets, which may include free analysis of samples of 100+ records.
- Data Maintenance: ongoing quarterly (or otherwise agreed) scrubbing, appending, and enhancement under a maintenance contract.
- Data Licensing: granting rights to use and re-use Company databases as described in this Agreement and/or a written proposal, quote, or order confirmation.
Delivery Times. Most Services are delivered within twenty-four (24) hours, though custom-built or larger list requests may require six (6) to seven (7) business days, or as otherwise agreed in writing.
3. Client Responsibilities
3.1 Accurate Information. You agree to provide accurate, current, and complete information necessary for us to perform the Services. You are responsible for issues resulting from incomplete or inaccurate information you provide.
3.2 Lawful Use; No Misuse. You will not use the Site or Services for unlawful, deceptive, abusive, or harmful purposes, nor to transmit malware, spam, or other harmful code.
3.3 Compliance with Marketing and Privacy Laws. You are solely responsible for ensuring your use of any data, lists, or outputs complies with all applicable laws, including the U.S. CAN-SPAM Act and related FTC guidance; the Telephone Consumer Protection Act (TCPA); applicable U.S. state privacy laws (including CCPA/CPRA); and applicable international laws (including GDPR, PECR, and CASL) where you market to individuals in those jurisdictions.
3.4 Opt-Outs and Suppression. You are responsible for maintaining appropriate opt-out and suppression lists and honoring unsubscribe requests in accordance with applicable law.
4. Orders, Payment, and Refunds
4.1 Quotes; Orders. Quotes are valid only for the period stated. An order becomes binding when you submit an order on the Site, accept a written quote or statement of work, or the Company begins performance at your request.
4.2 Binding Purchase Contract. By placing an Order, you enter into a binding contract for the applicable Services and agree to pay all fees and taxes stated.
4.3 Payment Terms. Unless otherwise agreed in writing, payment is due in full prior to delivery. We may suspend work or withhold delivery if payment is not received when due.
4.4 All Sales Final; No Refunds. Due to the digital, proprietary, and immediately usable nature of B2B data products, all sales are final and no refunds will be issued.
4.5 Credits / Complimentary Lists. At the Company’s sole discretion, we may offer a credit toward a future purchase and/or a complimentary list of comparable value. Credits may be subject to expiration and additional terms.
5. Intellectual Property and Data License
5.1 Ownership. The Site, Services, and all underlying technology, processes, and proprietary methodologies are owned by the Company and/or its licensors.
5.2 Unlimited Use License. Unless otherwise specified in a signed agreement, we grant the Client a non-exclusive, non-transferable, unlimited-use license to use purchased data for the Client’s internal business purposes for as long as desired.
5.3 No Resale / No Sharing. The Client is strictly prohibited from reselling, renting, sublicensing, publishing, distributing, or transferring the data to any third party without the Company’s express prior written permission.
5.4 No Circumvention. You agree not to remove proprietary notices and not to use the data to build or enhance a competing database product or service.
6. Data Accuracy and Verification
6.1 Verification Schedule. We maintain a rigorous verification schedule, contacting records at least once every twelve (12) months; however, you acknowledge that business contact data can change over time (“data decay”).
6.2 97% Accuracy Guarantee. We provide a 97% accuracy guarantee. If you identify inaccurate records exceeding 3% of the total list, we will replace the inaccurate records at no additional cost, subject to this Section.
6.3 Claims Period. Any claim regarding data inaccuracy must be submitted within sixty (60) days of receipt and must include reasonable documentation of the specific inaccuracies.
6.4 Exclusive Remedy. Replacement of inaccurate records and/or issuance of a credit or complimentary list (if offered at our discretion) is the Client’s exclusive remedy for data accuracy issues. No refunds will be issued.
7. Disclaimers and Limitation of Liability
7.1 Disclaimer. Except as expressly set forth in this Agreement, the Site and Services are provided “as is” and “as available.” To the maximum extent permitted by law, the Company disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
7.2 No Guarantee of Results. The Company does not guarantee any particular marketing, sales, deliverability, conversion, revenue, or business outcome from the use of the Services or data.
7.3 Limitation of Liability. To the maximum extent permitted by law, Logical Data Solution shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
7.4 Liability Cap. To the maximum extent permitted by law, the Company’s total liability for any claim shall not exceed the total amount paid by the Client for the specific Service or product giving rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Logical Data Solution and its owners, officers, directors, employees, contractors, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Site or Services; (b) your marketing or other use of the data; (c) your violation of any law (including CAN-SPAM, TCPA, and privacy laws); (d) your breach of this Agreement; or (e) your infringement of any third-party right.
9. Termination
9.1 Termination for Breach. We may terminate this Agreement, suspend your access, and/or revoke data licenses if you breach this Agreement, including unauthorized resale/sharing of data or illegal marketing practices.
9.2 Effect of Termination. Sections that by their nature should survive termination will survive, including those relating to payment, intellectual property, data-use restrictions, disclaimers, limitation of liability, indemnification, and governing law.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York and applicable U.S. federal law, without regard to conflict of law principles. Any legal action arising under this Agreement shall be brought exclusively in the state or federal courts located in New York, and each party consents to personal jurisdiction and venue in such courts.
11. Changes to These Terms
The Company reserves the right to update these Terms of Service at any time. Continued use of the Site or Services following any changes constitutes acceptance of the updated terms. The effective date above reflects the most recent update.
12. Contact
For questions regarding these Terms of Service, please contact:
Logical Data Solution
Email: [email protected]
Phone: 412.388.9065
Pittsburgh, PA 15205, United States
Website: www.logicaldatasolution.net