Terms and Conditions

This document contains important information regarding the terms and conditions of use of the ContactDirect Web site. Please read them carefully.

1. Acceptance of Terms through Use.
By using this site, a Member signifies his or her agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If a Member does not agree to these Terms of Use, the Member should refrain from using this site. ContactDirect reserves the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. A Member's continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. Agreement of Rules for Member Conduct.
Member agrees to abide by ContactDirect's Rules of Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct can be reviewed at Rules of Conduct

3. Content.
Most content available on ContactDirect is provided by ContactDirect, our Members, our affiliates, or independent content providers under license. In general, ContactDirect does not pre-screen content available on the ContactDirect service. ContactDirect does not assume any responsibility or liability for content that is provided by others. ContactDirect does reserve the right to remove content that, in ContactDirect's judgment, does not meet its standards or does not comply with ContactDirect's current Rules of Conduct, but ContactDirect is not responsible for any failure or delay in removing such material.

As a ContactDirect Member, you agree to follow the ContactDirect Rules of Conduct and you acknowledge that ContactDirect has the right to enforce them in its sole discretion. This means that if you violate the ContactDirect Rules of Conduct, ContactDirect may take action against your account. This can range from the issuance of a warning about a violation to the termination of your account. You understand ContactDirect is not required to provide notice prior to terminating your account for violating these rules and standards, but it may choose to do so.

Some of the content available on our service is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights. Any content that you upload or download while using the service must be authorized. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on ContactDirect, unless you have the legal right to. Making unauthorized copies of any content found on ContactDirect can lead to the termination of your ContactDirect account and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless ContactDirect and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

By submitting or posting content in "public" areas of the ContactDirect site, you are representing that you are the owner of such material or have authorization to distribute it. Once you post content on ContactDirect, you expressly grant ContactDirect the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.

4. Scope of License.
All content included on this site, other than that which is supplied by the Members for their Private Directory and Notepads, including without limitation all text, software, music, sound, photographs, video, graphics (individually and collectively referred to as the "Content") is the property of ContactDirect or its content suppliers and protected by U.S. and international copyright laws. All services included in this site, including without limitation all features, functions, services and goods (individually and collectively referred to as the "Service") is the property of ContactDirect or its service providers and protected by U.S. and international copyright laws. The industry databases which are located in the ContactDirect Database (the "Database") are the exclusive property of ContactDirect and protected by U.S. and international copyright laws. The Member is permitted to use the Database and Content made available by ContactDirect in carrying out the Member's own business and may not copy any portion of the Database or Content without expressed written consent of ContactDirect. The Member may not, directly or indirectly, allow any other person to use the ContactDirect Service or Content. Any breach of this restriction may result in immediate termination of the Member's liability for damages. No portion of the Database or Content may be reproduced or stored in or transmitted to any other web site, newsgroup, mailing list, or electronic bulletin board, or regularly or systematically stored in electronic or print form, without the prior written consent of ContactDirect. Any use of the Database or Content not specifically permitted herein is expressly prohibited.

5. Intellectual Property Protection.
The contents, compilation and design of the Service, and all materials distributed in conjunction therewith, are copyright of ContactDirect. (which for these purposes may include its suppliers). All rights are reserved. The Member is not permitted to use or reproduce or allow anyone to use or reproduce any trademarks or other trade names in such material for any reason.

6. Proprietary Rights.
The Member acknowledges and agrees that the Database and all Service and Content available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by ContactDirect, the Member agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Use of the Database or Content for any purpose not expressly permitted in these Terms of Use is prohibited.

7. Member's Grant of Limited License.
By posting or submitting Content to the ContactDirect Database, Member grants ContactDirect and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that Member owns or otherwise controls all of the rights to the Content and that public posting and use of Member's content by ContactDirect will not infringe or violate the rights of any third party.

8. Disclaimer of Warranties.
The Database and Content included in or available through this site are provided "as is" and "as available" for the Member's use. The Database and Content are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ContactDirect, its subsidiaries, and its licensors do not warrant that the Database Service or Content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the Database Service and Content are free of viruses or other harmful components. Member's use of this site is solely at Member's risk.

9. Force Majeure.
ContactDirect, its affiliates, and its information providers shall not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Contact Direct Database or Private Databases resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

10. Limitation Of Liability.
Member expressly agrees that the use of ContactDirect, ContactDirect software, and the Internet is at Member's sole risk. ContactDirect's service, content, third-party virus checking technology, and the Internet are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. ContactDirect provides the ContactDirect service on a commercially reasonable basis and does not guarantee that Members will be able to access or use the service at times or locations of their choosing, or that ContactDirect will have adequate capacity for the service as a whole or in any specific geographic area. Your sole and exclusive remedy for any dispute with ContactDirect is the cancellation of your account. In no case shall ContactDirect be liable for consequential damages arising from your use of ContactDirect, the Internet or for any other claim related in any way to your membership with ContactDirect. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ContactDirect's liability shall be limited to the extent permitted by law. ContactDirect does not endorse, warrant or guarantee any product or service offered through ContactDirect and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Under no circumstances shall ContactDirect, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ContactDirect has been advised of the possibility of such damage.

11. Indemnification.
Upon a request by ContactDirect, Member agree to defend, indemnify, and hold harmless ContactDirect and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from Member's use or misuse of this site. ContactDirect reserves the right, at it's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, in which event the Member will cooperate with ContactDirect in asserting any available defenses.

12. International Use.
ContactDirect makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

13. Charges, Billing and The Free Trial.
The Member will pay in accordance with terms of ContactDirect's registration process. Any amounts paid to ContactDirect thereunder are non-refundable. ContactDirect reserves the right to change our fees or billing methods at any time and ContactDirect will provide notice of any such change at least thirty days in advance in the same manner described above for changes to the Member Agreement. ContactDirect also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply even during your free trial. If you disagree with the changes in fees or billing methods, you may cancel your membership at any time, but ContactDirect will not refund any remaining portion of the monthly fee when you cancel your membership. If you have joined ContactDirect as a trial Member, you should understand that your free trial time must be used within seven days of your receipt of user ID and password. As a Member, you are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. There may be extra charges to access third party services on ContactDirect. ContactDirect or third party services will provide notice of any extra charge before you enter the services area. You are responsible for any charges for premium content incurred using your account and these charges apply even during the free trial. Some Web sites charge separate fees, which are not included in the cost of your ContactDirect membership. ContactDirect provides access to third-party vendors, who provide content, goods and or services on the ContactDirect service or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for your ContactDirect membership. Most Members pay by credit card. For most billing plans, we will be charging your designated card according to your billing plan, but some charges may accumulate on your account before they are charged to your card. You also agree to authorize ContactDirect to charge purchases you make online to the credit card you supplied to ContactDirect when you joined. If you don't have a credit card, you can pay by check. ContactDirect service will not provide service beyond the seven day trial period until ContactDirect is in receipt of the check. A fee of $50.00 is imposed for returned checks. In the event of payment by check, we expect you to pay your account balance on time. You are responsible and liable for any fees, including attorney and collection fees, that ContactDirect may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let us know about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to ContactDirect's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

14. Term.
ContactDirect may terminate this Agreement on immediate notice if the Member breaches a material provision of this Agreement. In the event this Agreement is terminated, the Member's right to access and use the Customer Data will cease immediately.

15. Third Party Sites.
This site may produce automated search results or otherwise link the Member to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ContactDirect, and Member acknowledges that ContactDirect is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by ContactDirect or any association with its operators.

16. Unauthorized Use.
The Member agrees to immediately notify ContactDirect if the Member becomes aware of any unauthorized use of the Service.

18. Taxes.
The Member shall be responsible for the proper payment of all sales taxes and other taxes that may be levied or assessed based on the Member's use of the Service or on any payments by the Member to ContactDirect hereunder, other than ContactDirect's income taxes.

19. Amendment.
This Agreement may only be amended or modified by express written consent of both parties hereto.

20. Governing Law And Forum.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. Member expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or Member's use of this site shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and Member further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Member agrees that no joint venture, partnership, employment, or agency relationship exists between the Member and ContactDirect as a result of this agreement or use of the Service. ContactDirect's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ContactDirect's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by ContactDirect with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the Member and ContactDirect with respect to the Database Service and Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Member and ContactDirect with respect to the Database Service and Content. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Member and ContactDirect agree that any cause of action arising out of or related to ContactDirect's Database Service or Content must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms Of Use are solely used for the convenience of the parties and have no legal or contractual significance.

21. Law And Legal Notices.
Unless otherwise specified herein, the Member Agreement constitutes the entire agreement between the Member and ContactDirect with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Member and ContactDirect with respect to this site. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that this Agreement, including ContactDirect's enforcement of those policies, is not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ContactDirect or relating in any way to your membership or your use of ContactDirect resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving ContactDirect or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to ContactDirect any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption, including Internet Explorer, available through ContactDirect. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on ContactDirect. Information for California Residents: Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information: Pricing Information. Current rates for using ContactDirect may be obtained by calling 757-599-4644. ContactDirect, Inc. reserves the right to change fees, surcharges, monthly or annual membership fees or to institute new fees at any time upon thirty (30) days prior notice.

22. Termination and Cancellation.
Either you or ContactDirect may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with ContactDirect. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or ContactDirect's enforcement or application of this Agreement; (2) any policy or practice of ContactDirect, including ContactDirect's Rules of Conduct and the ContactDirect Privacy Policy, or ContactDirect's enforcement or application of these policies; (3) the content available through ContactDirect or the Internet or any change in content provided through ContactDirect; (4) your ability to access and/or use ContactDirect; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your membership by delivering notice to ContactDirect's Customer Service Department at Support@ContactDirect.com or contacting Customer Service by phone at: 757-599-4644 or by fax at 1-757-599-3104. You may also write to ContactDirect's Customer Service Department by sending your cancellation request via mail to ContactDirect, P.O. Box 6292, Newport News, Virginia, 23606, USA. Cancellation will take effect within 72 hours of receipt of your request, and ContactDirect will send you written confirmation. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee, contact ContactDirect at the number above to have the charges reversed. ContactDirect reserves the right to collect fees, surcharges or costs incurred before you cancel your ContactDirect membership. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation. In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active ContactDirect Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues must be concluded before you may re-register with ContactDirect. ContactDirect reserves the right, in its sole discretion, to terminate Member's access to all or part of this site, with or without notice.

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