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Terms of Use

Effective: March 1, 2013

These Terms of Use ("Agreement") provide the terms that guide your use of (the "Website") and the services offered by Data-Prof and Nurture Marketing, LLC through the Website.

You are advised to carefully read and review the contents of this agreement, as it guides your ability and responsibilities in using the Website and any of its services. If you do not agree to and comply with the terms of this Agreement, you are forbidden to access the Website and any of the services available through it. If that is the case, you are advised to exit the Website immediately.

1. Privacy Policy

In addition to this Agreement, you should also review the Website Privacy Statement, which can be accessed at, whose contents are incorporated by inference in this Agreement. By using this Website, you are indicating that you have read these two documents, and are in agreement with their terms and conditions.

2. Changes to the Agreement and Privacy Policy

Data-Prof retains the right to change this agreement and/or the Privacy Policy at any time. We will give notice of any such change(s) by posting the effective date of the new version on the Website. It will be your responsibility to review any new version, and immediately leave the Website if you find anything unacceptable in the modified Agreement.

3. Use of the Website and other Data-Prof services

You may use the Website and any other services offered through the Website only in accordance with the terms of this Agreement. Your acceptance of this Agreement will constitute your agreement to use the Website and any of its services strictly for your own legitimate business purposes. You agree not to resell any of the data obtained from Data-Prof, nor to use any of it for any use that violates and state and federal laws of the United States of America.

4. Website Availability

Use of the Website relies on availability of servers and other network elements that are beyond the control of Data-Prof. While we will make every effort to maintain the Website and its services available to you 24 hours a day, 7 days a week, we can neither predict service disruptions nor guarantee immediate recovery from any disruption. There will be times when the system will not be available because of scheduled maintenance, and we will make every effort to keep these to a minimum. For your own protection, you should periodically backup your data onto devices not associated with Data-Prof.

5. Website Content

While Data-Prof will make every effort to keep the contents of the Website accurate and up-to-date, the contents are provided on an "as-is" basis. Your use of the information on the Website is at your own risk. Data-Prof may change, update or delete any information on the Website at any time, and without any prior notice. Data-Prof shall not be liable for any damage or losses that a user may incur because of any errors or omissions in any Website content, or in any instances of inaccurate interpretation of Website content.

6. Delivery Guarantee

We guarantee deliverability of at least 75% of all email addresses that we provide to you. If you do not achieve this degree of deliverability, then please email your contact list back to us at We will give you credits for non-deliverable email addresses, which you will subsequently be able to utilize to purchase any additional contacts.

7. Intellectual Property

The Website and all content and materials on it are the intellectual property of Data-Prof and Nurture Marketing LLC. Accordingly, you have no right, title or interest in any such content or materials.

8. Disclaimers

You accept that you access the Website and related services at your own risk. Data-Prof assumes no responsibility if the Website or any related services do not meet your requirements. You agree and understand that you may be held legally responsible for any damages suffered by Data-Prof and/or by other users of the Website as the result of any actions taken directly or indirectly by you. You agree that neither Data-Prof nor any of its directors, officers, employees or agents has any liability in connection with your access to the Website or any of its services.

9. Entire Agreement

This Agreement, along with the referenced Privacy Policy, represents the entire binding agreement between you and Data-Prof.