TagQuest Terms & Conditions
TagQuest takes reasonable care in providing marketing campaigns for it’s clients. Under no circumstances will TagQuest be liable to Client or third parties for incidental, special, consequential or exemplary damages, including, but not limited to lost profits, lost data, lost business, postal charges, costs, expenses, etc. TagQuest’s entire liability for any claim whatsoever relating to and/or under this Agreement shall not exceed the total amount of the charges paid by Client to TagQuest for invoices/contracts/registrations on which the claim is based. Client acknowledges that certain federal and state laws, rules and regulations restrict telemarketing, Direct Mailing, email, data acquisition, and faxing activities, including provisions that permit consumers to give notice that they do not wish to receive sales solicitation calls, letters, emails, transmissions, or offerings. Due to the varying and charging nature of such provisions, TagQuest makes no warranty, express or implied, whether oral or written, of the outcome of any marketing campaign. TagQuest shall not be responsible for any laws, rules or regulations relating to Client’s use of said marketing campaign, including, without limitation, any such laws, rules or regulations that are specific to Client or its business (example: state insurance law or local laws governing real estate agents). Many states allow civil penalties for using email lists, data lists, mailing lists, fax lists, and any other type of lists for unsolicited fax broadcasting, voice broadcasting, email marketing, telemarketing, and direct mail marketing. Client needs to check their state and local laws on unsolicited marketing. Client assumes all legal risk for it’s marketing campaigns. The outcome of client’s marketing promotions is not guaranteed. TagQuest reserves the right to refuse service to anyone, on any grounds, at any time.
Intellectual property notices
All content on TagQuest EZ Send.com, including the logo, articles, other text and graphics are the intellectual property of TagQuest EZ Send.com and protected trademark, trade dress, patent, copyright and other laws. You may not reverse engineer, decompile, or disassemble any software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Age of majority required
You must be 18 or older and legally able to be bound by a contract as a condition to receiving the ability to use TagQuest EZ Send.
General terms and conditions
We may modify the terms and conditions of this Agreement. Any modification will not in any way compromise the privacy of your account's confidential information stored using our service. We will notify you of any material changes to this agreement by posting a notice on our web site and in the application for a reasonable period of time after such changes are made, that this agreement has been updated, and by changing the "Updated" date at the bottom of this agreement. Your further use of TagQuest EZ Send or any tool or service that we provide to you subsequent to a change or modification of this Agreement is your express indication to us that you agree to be bound by any change or modification in this Agreement
You must provide correct and complete personal and business information as requested by us in the TagQuest EZ Send registration process.
You are responsible for the security of your password and user ID.
You are responsible for all fees required for your license to use TagQuest EZ Send and any and all other products, services and tools that we offer which you subscribe to.
Your email campaigns may not generate abuse complaints that, in our sole discretion, exceed industry norms. If so instructed by a posted guideline or rule, you may not issue more email per day than our per diem limitation.
We will cancel your account without prior notice if we determine that you are in violation of any of the terms and conditions of this Agreement.
You may not transfer this Agreement to any third party nor use our software to benefit any third party.
General email rules and guidelines
The TagQuest EZ Send email system has been developed to enable you to communicate with email subscribers that have opted-in (i.e. expressly given their permission) to receive information from your company. You may not use any TagQuest EZ Send product or service for the purpose of sending unsolicited email, or "Spam." TagQuest EZ Send respects anti-Spam laws and asks you to act accordingly. You may not use any TagQuest EZ Send product, service or tool for purposes of breaking any law.
You must follow any posted guidelines regarding content and commercial activity limitations. All email addresses that you use must be solely derived from permission based lists. - TagQuest EZ Send may not be used to send emails to individuals that have not opted-in to receive information via email from your company.
All email messages sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.
All email messages must comply with the following:
· Message must originate from a valid from address (TagQuest EZ Send product takes steps to verify this).
· Your company name, address, city, state, zipcode and phone number must be clearly included.
· Unsubscribe must be clearly visible (TagQuest EZ Send product will place an unsubscribe link in the email).
· Customer must comply with unsubscribe requests within 7 business days. An unsubscribed email address should not receive any further emails. You must maintain a record of all unsubscribe requests, including the day you removed the address from the subscription list. You must provide us with a copy of such records upon our request.
· You agree to keep EZSend.TagQuest.com informed of your valid email address at all times. In the event that EZ Send.TagQuest.com should make any modification of this agreement, EZ Send.TagQuest.com will send you an email addressed to the email address that you have provided us. Once we send an email notifying you of a change or modification to this agreement, you agree to be bound by any such change or modification, regardless of whether you have changed your email address or actually received the email notification.
The TagQuest EZ Send service gives its users all the tools necessary to build and maintain an opt-in email list. TagQuest EZ Send also allows you to import existing lists of email addresses. The email addresses that are imported must have opt-ed in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited emails. Therefore, in the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using TagQuest EZ Send, TagQuest EZ Send will investigate claims of unsolicited email messages sent using the service. If TagQuest EZ Send determines that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated, without any refund.
Special email provisions
· lead sales
· pornography/adult content
· promotion or sale of products or services that are deemed unlawful within the United States
· work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings
If you are unsure about how this applies to your email content, please contact us before using the service.
Transport: We reserve the right to not transport, not indicate that we did not transport and not offer credit for not transporting, email to any email address that violates our terms of service, or in our sole judgment may adversely affect the TagQuest EZ Send service.
User guide elements
TagQuest EZ Send is an opt-in email marketing system.
When using TagQuest EZ Send you must ensure that the following criteria is met for outgoing messages:
· The from address is a valid email address
· Your full contact information including mailing address and phone number is included in the message.
· An unsubscribe link is clearly viewable in your message.
· You will review and abide by all .
You must also agree to follow standard Internet etiquette for email and state/federal laws which offer the following usage provisions:
· You must not harvest email addresses.
· You may only send out to those individuals that have given you explicit permission to email them.
· You must fully comply with unsubscribe requests. Full compliance means that you do not ever email this the address unless the email address owner provides permission and rescinds the unsubscribe request.
All content, tools, functions and services provided via us are provided on an "as is" basis and we disclaim any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided by us are made.
Cancellation of TagQuest EZ Send service
Client warrants any offer made by accepting a list furnished by TagQuest must be in good taste and conform to all federal, state and local laws, statutes and regulations. Including but not limited to guidelines set forth by the FTC, the CFPB, and in accordnace with FCRA.
TagQuest takes reasonable care in providing this information. However, because of the possibility of human error inherent in compiling database information and everyday turnover of information, TagQuest does not assume any liability for the correctness of this information, or the information from which it is compiled, and does not warrant the comprehensiveness, completeness, accuracy, or adequacy for any purpose or particular use of this information. Under no circumstances will TagQuest be liable to Client or third parties for incidental, special, consequential or exemplary damages, including, but not limited to lost profits, lost data, lost business, postal charges, costs, expenses, etc. TagQuest’s entire liability for any claim whatsoever relating to and/or under this Agreement shall not exceed the total amount of the charges paid by Client to TagQuest for the data on which the claim is based Client acknowledges that certain federal and state laws, rules, and regulations restrict telemarketing and faxing activities, including provisions that permit consumers to give notice that they do not wish to receive sales solicitation calls. Due to the varying and charging nature of such provisions, TagQuest makes no warranty, express or implied, that the names, telephone numbers and fax numbers of such individuals have been identified on or deleted from data received from TagQuest. TagQuest shall not be responsible for any laws, rules or regulations relating to Client’s use of said data, including, without limitation, any such laws, rules or regulations that are specific to Client or its business (example: state insurance law or local laws governing real estate agents). Many states allow civil penalties for using fax lists for unsolicited fax broadcasting; client needs to check their state and local laws on unsolicited faxing, unsolicited telemarketing, unsolicited mail or email, or any other use of any product or service provided by TagQuest. Client assumes all legal risks associated with any product or service purchased from TagQuest or for use of fax lists. The outcome of client’s marketing promotions whether expressed or implied is not guaranteed .
Client acknowledges that data received from TagQuest, unless specified as pre-screened data, has not been collected for credit purposes and is not intended to be indicative of any consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living (as such terms are used in section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC 1681a). Client certifies that it shall not use said data as a factor in establishing any consumer’s eligibility for (a) credit or insurance used primarily for personal, family or household purposes, (b) employment purposes, (c) other purposes authorized under Section 604 of FCRA, 15USC 1681b. Client also acknowledges that TagQuest’s Pre-screened Credit Scored Data, is to be used strictly for the purpose of offering a pre-approved offer of credit or insurance, that opt-out statements must be on the mail piece and/or telemarketing script and that the mail piece script must be pre-approved by TagQuest before data can be delivered to the client. Client also agrees that any changes to said mail piece or script must be approved for future orders. Use of pre-screened data furnished by TagQuest must meet all requirements of section 603(d) of the FCRA, 15 USC 1681a as mentioned above. It must be used in accordance with all applicable state, federal, and local laws and regulations including but not limited to those set forth by the CFPB, the FTC, and in accordance with the FCRA. TagQuest reserves the right to discontinue service of any client found to be out of compliance with said regulations.
Fair Information Practices. No solicitations made using a list supplied by TagQuest shall make reference to any selection criteria or presumed knowledge regarding the intended recipient of such solicitation, or the source of the recipient’s name and address, except to the extent such selection criteria, knowledge or source of information is derived from Client-owned data. The Client shall comply with all federal, state, and local laws and regulations in connection with any use made of data received from TagQuest. The Client shall not use or permit others to use such data for purposes of mailing pornographic or sexually explicit material, chain letters, pyramid fund raising solicitations or other similar purposes. Upon TagQuest’s request, Client shall furnish TagQuest with a sample mail piece to enable TagQuest to verify Client’s compliance with such restrictions.
Client understands that a 15-20% undeliverable rate is an acceptable rate of return. Client also understands that no data file is complete and that 15-20% of all data is an accetable rate of inaccuracy. For orders that include phones, it is understood that 15-20% is an acceptable disconnect rate. Where phone numbers are included in the list, Client must provide proof of Federal Do Not Call Registration (Subscription Account Number or SAN). It is the responsibility of the Client to register for the area codes which are purchased. The Client must be registered as a “seller” making the SAN a “sharable” SAN. It is also understood that it is the full responsibility of the Client to insure that the numbers called are not on the Federal Do Not Call list. TagQuest, Inc. assumes no liability for damages and expenses occurred from the violation of the Do Not Call legislation.
Client agrees that the information provided is for their use only and that the names, addresses, etc. will not be duplicated or resold. Our lists are seeded with decoy names to protect against unauthorized use. Client may use TagQuest’s data solely for Client’s internal direct marketing program (telemarketing and/or direct mail campaign) and for no other reason.
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Oregon excluding that body of laws known as choice of law or conflict of laws. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
Each party shall retain in confidence all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. During the term of this agreement, and after the termination of this agreement, we will use all reasonable precautions and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.
Waiver and amendments
No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed or other occurrences which are beyond either party's reasonable control.
Termination of service
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Due to the fact that our products and services can be copied easily, orders can not be returned for refunds or credits. Client understands that they have the right to cancel an order within two business days (48 hours) from receipt of payment by TagQuest. Thereafter, client will not be entitled to refunds, returns, cancellations, or exchanges. Client also understands that TagQuest shall be entitled to a processing fee of $ 175.00 if client chooses to cancel an order within the allowed time period. All sales are final. Once a signed invoice and payment are received by TagQuest, if for any reason, the associated account/order/funds/products/services are put into an "on hold" status and/or the goods and services ordered are not delivered, clients will have 90 days to reinstate the account/order/funds/products/services from the "on hold" status. After such time, client agrees to forfeit any and all remaining funds, credits, leads, and/or goods and/or services. The terms of this agreement shall be governed by the laws of the State of Oregon and shall conform to the normal standards in the industry.
Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.
Clients shall indemnify, defend and hold harmless TagQuest from and against any and all liabilities (including claims from negligence by TagQuest), damages, losses, costs, fees, expenses, attorney’s fees, etc. arising out of, or related to Client’s use of data received by TagQuest. TagQuest makes reasonable efforts to ensure the accuracy of such data and will not be held liable for it's accuracy. Clients selection parameters will be followed as closely as possible. Client understands that in some cases parameteres will need to be adjusted to complete their order and shall indemnify, defend, and hold harmless TagQuest from and against any ans all liabilities for such changes. Geography and data selections will be followed as closely as possible except where the geography chosen limits the number of records available to client in which case client consents to have their select criteria altered to fulfill the order. By accepting data furnished by TagQuest client agrees to indemnify, defend and hold harmless TagQuest from and against any and all liabilities (including claims from negligence by TagQuest), damages, losses, costs, fees, expenses, attorney’s fees, etc. arising out of, or related to Client’s use of data received by TagQuest. By accepting the information, Client consents to the jurisdiction of the courts of the State of Oregon and to the applicability of Oregon law to resolve any dispute hereunder. Client agrees that Oregon is reasonably convenient forum to resolve any dispute hereunder and waives any defense of improper venue and any right to transfer any action filed against it to another venue.
This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters.
Updated: August 30th, 2012