Terms of Use

Last Updated: July 17, 2017

Please read these Terms of Use (“Terms”) carefully. The provision of information and services on Neverbounce.com (the “Site”), operated by NeverBounce, Metrics Delivered LLC (“us”, “we”, or “our”) is conditioned upon your acceptance of and compliance with these Terms. These Terms constitute an agreement between NeverBounce and you governing your use of the Site (including both mobile and online versions), as well as the email validation services that we make available through the Site and all associated features, applications, and Content (as defined below) (collectively, the “Services”).

By using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, do not use the Services.

These Terms will change over time, in which case we will post the modified Terms on the Site. We may, in our sole discretion, notify you by email or with an announcement posted on the Site if the Terms are altered in a way that materially affects your rights. Your continued use of the Services following a change to these Terms signals your acceptance of the modification(s).

Data Uploaded by Users of Email Validation Services

We do not sell or share personal data that is uploaded by users of our Services (“Users”) in the course of their use of the Services. Users maintain ownership of the data they upload for email verification purposes (“Uploaded Data”). NeverBounce may access or use Uploaded Data for customer support or troubleshooting purposes, to gather statistics, to improve accuracy, or for increasing our product viability. In addition, NeverBounce logs email verification transaction information including the email address checked, date and time of verification, and validity status (collectively, “Log Data”). Customers may delete their Uploaded Data from the NeverBounce system at any time. NeverBounce retains its Log Data indefinitely.

Accounts

When you create an account with us, you represent that you are at least 18 years old, and that the information you provide to us in connection with your account is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You agree that you are responsible for, and agree to abide by, all laws, rules and regulations applicable to your use of the Services, your use of any tool, product or service offered on the Site, and any transaction you enter into through the Site or in connection with the Site.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately here of any unauthorized use of your account, password, or username, or any other breach of security, but you will remain responsible for any unauthorized use of your account. You will not sell, transfer, or assign your account or any account rights.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Communications

By creating an Account on our Site, you are opting in to receive newsletters, marketing or promotional materials, and other information we may send to you via email from time to time. However, you may opt out of receiving promotional communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

We may use third-party services to process payments made through the Site. By submitting your payment information, you grant us the right to provide such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to these third parties, subject to our Privacy Policy. You also represent and warrant that: (i) you have the legal authority to use the payment card information you are submitting through the Site; and (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud or unauthorized or illegal transaction.

Use Restrictions

By using the Site and the Services, you agree that you will not:

  • Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms associated with the Services by any means whatsoever and/or for any purpose whatsoever;
  • Appropriate, modify, reproduce, or disseminate any source or object code or any software or other products, tools, or processes associated with or accessible through the Services;
  • Use the Services to verify email addresses that you have obtained unlawfully or that you are not authorized to possess or process;
  • Engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Neverbounce (including, without limitation, for purposes of sending unsolicited advertising or distributing email messages in violation of applicable laws or regulations);
  • Engage in any activity that interferes with access to the Services or the proper operation of the Services, or otherwise may cause harm to the Services, Neverbounce, or other Users;
  • Harvest or otherwise collect or store any information through the Site (including email addresses or other personal data);
  • Attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services; or
  • Otherwise violate these Terms or any applicable additional terms.

Availability, Errors and Inaccuracies

Although we attempt to keep information on the Site current, Content on the Site should not be considered to be error-free or a comprehensive source of all information. We are constantly updating our product and service offerings and may experience delays in updating information regarding the Services. NeverBounce makes no warranties or representations as to the accuracy of the content of the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information on this Site. Products or Services may be mispriced, described inaccurately, or unavailable, and we cannot guarantee the accuracy or completeness of any information found on the Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these terms and conditions and on the Site. Further, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, coupons, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Services allow you to post, link, store, share and otherwise make available certain information, data, emails, text, or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.

By posting Content on or through the Services, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, and reproduce, such Content on and through the Services.

NeverBounce has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through the Services are the property of NeverBounce or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Intellectual Property

The Services and all original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of NeverBounce and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NeverBounce.

Links To Other Websites

The Site may contain links to third-party websites or services that are not owned or controlled by NeverBounce.

NeverBounce has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services and cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.

You acknowledge and agree that NeverBounce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless NeverBounce and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Services, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) Content posted on the Services.

Limitation of Liability

In no event shall NeverBounce, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

NeverBounce its subsidiaries, affiliates, and its licensors do not warrant that (i) the Services will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

We make no representation that any products, services, or information described or provided through the Site or Services are appropriate or available for use in locations outside the United States or all territories within the United States.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to these Terms will be effective immediately upon posting on this page with an updated effective date.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms including potential usage of your logo in our marketing materials. If you do not agree to the new terms, you are no longer authorized to use the Services.

Notices, Questions and Contact Information

You agree that we may give you notices or otherwise respond to you by mail or to your email address or in any other manner reasonably elected by us. All legal notices to us must be sent to: 3690 Orange Place, Suite 310, Beachwood, OH 44122. If you have a question regarding the Site or these Terms, you may contact us by sending an email to support@neverbounce.com or by visiting this page. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms.

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