BY VISITING THIS SITE, THE LICENSEE ACKNOWLEDGES THAT THE LICENSEE HAS READ AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
This License Agreement ("License") is made between MNI of Evanston, Illinois ("MNI") and the customer ("Licensee") licensing the use of certain copyrighted company profile data ("Data") over a defined subscription period ("Subscription") compiled by MNI and accessed through a web-based subscription service ("IndustrySelect"). Licensee agrees, understands, and acknowledges the following:
1. The Data provided by MNI is proprietary in nature and protected by U.S. and international copyrights and may only be used in accordance with the terms of this License.
2. The Data is licensed exclusively for Licensee's own use and may not be shared in whole or part with any 3rd parties, partners, affiliates, subsidiaries, or parent or holding companies, used on behalf of other companies or individuals, used to promote products or services other than Licensee's, published or redistributed in any way, resold or transferred to others, or used to create any derivative works or products or services that are competitive in nature to MNI. MNI uses hidden seed records and other means to monitor Licensee's use of the Data to ensure it is in accordance with this License.
3. Licensee shall not use the Data to sell, promote, or solicit directory listings, business directories, or directory advertising in any print or digital format. Representing the Data as available to appear (or implying it appears) in any publication or database is prohibited. The Data may not be used to help compile or enhance a database, mailing list, or directory to be published, posted online, or otherwise revealed, sold, or transferred to any 3rd party.
4. During Licensee's IndustrySelect Subscription, companies may be added or removed based on the results of MNI's ongoing research efforts, and therefore the total number of companies in the Data may fluctuate. This will have no impact on Licensee's pricing.
5. While MNI has made every reasonable effort to ensure the validity of the Data and keep up with changes, accuracy cannot be guaranteed. The data is provided on an "as is" basis and there are no warranties, expressed or implied, that the Data is error free, and no refunds or credits are provided for inaccurate Data. Not every data field is populated for every company.
6. It is Licensee's sole responsibility to ensure that its use of the Data is in full compliance with all applicable federal, state, and local laws, statutes, and regulations for privacy, direct marketing, email, telemarketing, fax, and the use of personal information. Licensee is advised that some contacts listed in the Data may be physically located outside the U.S. and may be subject to additional data privacy laws or restrictions set by other countries.
7. Companies and contacts listed in Data have not "opted in" to be contacted by Licensee nor have undergone "opt out" processing. Any contact attempts made by Licensee are considered unsolicited. Licensee will promptly honor all requests by recipients not to be contacted again. Licensee assumes responsibility for any complaints from recipients regarding unsolicited communication in any form from Licensee or its representatives. Licensee will not disclose to any recipient that their personal information was obtained from MNI, refer to MNI by name or inference, nor suggest in any way that the recipient contact MNI to remove their information from MNI's database.
8. While the use of the Data is at its own discretion, Licensee will not knowingly violate federal, state, or local laws, nor use the Data to promote products, services, or content that are illegal, illicit, harmful, hateful, inappropriate, or unsuitable for the intended audience. Licensee is advised that some contacts listed in the Data may be minors.
9. MNI cannot guarantee that the use of the Data will meet Licensee's requirements or achieve a certain level of success. No refunds or credits are provided should Licensee's use of the Data not produce the desired results. MNI shall not be liable for special, punitive, incidental, indirect, or consequential damages, loss of value, loss of production, loss of financial advantage, loss of profit or business opportunities resulting from the use of the Data.
10. Licensee shall not share its login credentials for IndustrySelect with any other users or 3rd parties and will not allow any other 3rd parties to access its IndustrySelect account(s) at any time. Each individual person accessing or utilizing the Data in any form must be individually licensed, even if the person does not have a need to access the IndustrySelect Subscription directly.
11. While MNI has made every reasonable effort to ensure IndustrySelect will run free of errors under normal use, MNI cannot guarantee its operation will be uninterrupted or error free. MNI will take every reasonable step to ensure the highest amount of uptime possible but shall not be liable in the event of a limited or extended outage.
12. MNI will provide Licensee with reasonable assistance and technical support in connection with its use of IndustrySelect for the duration of the Subscription. MNI is not responsible for problems caused by changes or updates in Licensee's operating system, web browser, or characteristics of its computer hardware or software that may affect its access to IndustrySelect or the Data. Further, MNI is not responsible for problems caused by the interaction of IndustrySelect or the Data with Licensee's operating system, web browser, or other installed software.
13. IndustrySelect will perform substantially in accordance with the features advertised on the website, but MNI reserves the right to add or remove features as it deems necessary to serve customer needs and maintain efficiency, speed, and performance for all users. MNI will notify users of any changes by email or on its website.
14. Failure to comply with any term or condition of this License will result in the termination of the License, and Licensee will be subject to all applicable legal remedies and/or prosecution. Upon termination, Licensee must immediately cease all use of the Data and ensure it is permanently deleted from its CRMs, databases, computers, files, and cloud storage, as well as those of any service provider Licensee may have hired to handle its marketing.
15. Due to the nature of the fact that the Data can be printed and/or exported from IndustrySelect, MNI is unable to provide refunds or exchanges. All sales are final. Licensee was offered a demo prior to purchase.
16. Licensee will indemnify, defend, and hold harmless MNI and its respective representatives from any 3rd party claims that may arise related to the use of the Data, and agree that MNI's total liability for any and all claims shall never exceed the purchase amount of the Subscription.
17. All provisions of this License are by their nature intended to survive termination.
If at any time the terms of this License change, those changes will be posted to the website for all users. This License is governed by the laws of the State of Illinois. Any communication regarding this License should be sent to MNI, 1633 Central Street, Evanston, Illinois, 60201 or
by email.