Last Updated August 18, 2016
Welcome to the Conspire website (the “Site”) operated by FullContact, Inc. dba Conspire (“Conspire”). Conspire provides an email analytics and professional networking service according to the following terms.
PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE.
- THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY CONSPIRE. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
- You agree that the information you provide to Conspire on registration and at all other times will be accurate. You are responsible for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
- Subject to your compliance with these Terms, Conspire grants you permission to use the Site as set forth in these Terms, and consistent with the intended features of the Site.
- Data You Provide. The Site may allow you to provide personal and employment information about you, your contacts and other people in the Conspire network, including employer, title and location (“Submitted Data”).
- Rights to Your Data. You retain your ownership rights in your Linked Account Data and your Submitted Data (collectively, “Your Data”). You hereby grant Conspire a right and license to access, copy and use Your Data and any data derived from Your Data in order to operate the Site, including without limitation maintaining a copy of Your Data and data derived therefrom on Conspire's servers. Please see Section 9.5 regarding how Conspire treats Your Data following termination of your account.
- Additional Terms. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific products, services or features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
Modification of the Terms; Fees
- Conspire reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Site with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified terms on the Site.
- Certain products and services on the Site may have fees associated with them. Please see the terms associated with such products or services for more information.
By using the Site you promise not to:
- Impersonate another person or access another user's account without that person's permission;
- Harass or threaten other Site users; or
- Use the Site for any illegal purpose or in any illegal manner.
Your Use of the Site
- Access to the Site from territories where its contents are illegal is prohibited. Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
- Any use of any of the Site other than for private, personal use is strictly prohibited. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of them, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
- The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- Feedback. If you provide Conspire with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), Conspire shall have the right to use such Feedback at its discretion, including without limitation the incorporation of such suggested changes into the Site. You hereby grant Conspire a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- By Conspire. You agree that Conspire, in its sole discretion and for any or no reason, may terminate these Terms and your account (or any part thereof) or your use of the Site and remove and discard all or any part of your account or Your Data, at any time. Conspire may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Conspire will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Conspire may have at law or in equity.
- By You. You may terminate your account, this agreement and your right to use the Site at any time and for any reason or no reason, from the 'Settings' page or by contacting Conspire user support at email@example.com.
- Fees. If you incur any fees or charges related to your use of the Site prior to termination of your account, you will remain obligated to pay all such fees and charges following termination.
- Survival. Sections 6 through 16 will survive any termination of these Terms.
- Your Data on Termination. Within 10 days following the termination of these Terms, Conspire will delete all of its copies of Your Data and the relationships and relationship strength data in Conspire's aggregated network of contacts that Conspire derived from Your Data. Please note, however, Conspire aggregates Your Data with other users' data (collectively, "Aggregated Data") to analyze how email addresses are used. You agree that, following termination of these Terms, Conspire may retain the following data regarding each email address appearing in the Aggregated Data: (a) that such email address exists (but not whether such email address appeared in Your Data), (b) our understanding of whether such email address belongs to a single person, is shared by more than one person, or is automated, (c) our understanding of whether such email address belongs to the same person as another email address, and (d) our understanding of the most accurate human-readable name associated with such email address.
- Ownership; Proprietary Rights. The Site is owned and operated by Conspire. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Conspire ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content provided by or made accessible by you, all Materials contained on the Site are the copyrighted property of Conspire or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Conspire or its affiliates and/or third-party licensors. Except as expressly authorized by Conspire, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
- Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Conspire, by mail to Conspire, 1035 Pearl Street, 5th Floor, Boulder, CO 80302, and, with respect to you, to the email address you used during the Conspire registration process. Notice will be deemed given 3 days after mail is sent and 24 hours after email is sent.
Disclaimers; No Warranties
- UNLESS OTHERWISE EXPRESSLY STATED BY CONSPIRE, THE SITE AND ANY INFORMATION OR DATA MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CONSPIRE, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CONSPIRE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS. ADDITIONALLY, WHILE CONSPIRE STRIVES TO PROTECT YOUR DATA, CONSPIRE DOES NOT WARRANT THAT YOUR DATA WILL BE COMPLETELY SECURE.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification; Hold Harmless. You agree to indemnify and hold Conspire, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants in these Terms. Conspire reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages
- UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL CONSPIRE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO ACCESS YOUR DATA, OR ANY OTHER INTERACTIONS WITH CONSPIRE, EVEN IF CONSPIRE OR AN CONSPIRE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CONSPIRE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- IN NO EVENT WILL CONSPIRE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEEDING THE GREATER OF (A) FIVE DOLLARS ($5) AND (B) THE AMOUNT YOU HAVE PAID CONSPIRE IN THE THREE MONTHS PRIOR TO THE DATE THE CLAIM FIRST AROSE.
- General. Generally, if a dispute arises between Conspire and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Conspire agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Conspire must be resolved by a court located in Boulder County, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Boulder County, Colorado for the purpose of litigating all such claims or disputes.
- Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
- Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Conspire without restriction.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. These Terms are the entire agreement between you and Conspire relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Conspire as set forth in Section 5 above.
- Claims. YOU AND CONSPIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services hereunder are offered by Conspire:
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.