1. Agreement and eligibility
These Terms of Use form an agreement between you and AgentEmailer (“AgentEmailer,” “we,” “us,” or “our”). They apply to our website, Audience Builder, accounts, checkout, downloadable files, support, and related services (together, the “Service”).
By creating an account, placing an order, or using the Service, you accept these terms and our Privacy Policy. If you use the Service for a company or another organization, you confirm that you can accept these terms for it. You must be at least 18 and legally able to enter into a contract.
2. Accounts and account security
Provide accurate account and billing information, keep it current, and protect your credentials. You are responsible for activity performed through your account unless you promptly report unauthorized access. We may ask for reasonable verification before changing account details, delivering an order, or responding to a security request.
You may not sell, rent, or transfer an account. Colleagues and contractors may use purchased data only for your organization and only under safeguards and restrictions at least as protective as these terms.
3. Your license to purchased data
After full payment and delivery, AgentEmailer grants the purchaser a limited, non-exclusive, non-transferable license to use the purchased records for its own lawful business research and outreach. The license applies only to the product, filters, fields, and quantity shown in the order confirmation.
You may not:
- resell, sublicense, publish, post, or distribute the records as a list or stand-alone data product;
- use the records to build or improve a competing directory, contact-data product, or data-broker service;
- attempt to reveal masked values before purchase, scrape the Service, or bypass access or quantity controls; or
- combine the records with other data to profile sensitive traits or make housing, employment, credit, insurance, or other high-impact decisions.
The records may contain business contact information associated with real estate professionals. A professional or public source does not make every use of that information lawful.
4. Your outreach obligations
You are the sender and are responsible for every campaign or contact you make using the Service. Among other things, you must:
- comply with CAN-SPAM, the Telephone Consumer Protection Act, telemarketing and do-not-call rules, privacy laws, and rules that apply where you and each recipient are located;
- use accurate sender information and non-deceptive content, include required disclosures, and provide and honor opt-out methods;
- maintain your own suppression lists and immediately stop contacting anyone who objects or withdraws consent;
- not send unlawful, abusive, discriminatory, fraudulent, or harassing messages; and
- follow the policies of your email, phone, fax, advertising, and other service providers.
International outreach may require consent or additional notices even when the contact is a business professional. See our EEA and UK privacy information for additional context.
5. Pricing, payment, and delivery
The price, included fields, estimated record count, and available payment methods are shown before checkout. Unless the checkout says otherwise, prices are in U.S. dollars and do not include taxes you may owe. You authorize the selected payment provider to charge the displayed total. Payment providers process payment credentials under their own terms and privacy practices; AgentEmailer does not receive complete card details.
Digital products are delivered through an account, download link, email, or a combination of these. You are responsible for downloading the file promptly and storing it securely. Filters and counts can change before an order is completed, so the final order summary controls.
6. Data quality, replacements, and refunds
Contact and licensing information changes over time. We use source, normalization, and verification processes intended to improve usefulness, but we do not promise that every field is present, current, unique, accurate, or deliverable. Preview cards, samples, audience counts, and availability labels are illustrative until the order is generated.
Because access to a digital data product may be provided immediately, purchases are generally final once download access is issued. We will review duplicate charges, failure to deliver the purchased file, or a specific written replacement promise shown at checkout. Any product-specific replacement policy displayed in the order flow at the time of purchase is part of these terms. Nothing here limits a right that applicable law does not allow you to waive. Contact us with the order number and supporting details if there is a problem.
7. Acceptable use
Do not interfere with the Service, probe or defeat security, introduce malicious code, overload our systems, automate access without written permission, impersonate another person, or use the Service in a way that violates law or another person’s rights. You may not use contact data for stalking, intimidation, identity theft, sensitive-trait profiling, or unlawful surveillance.
8. Ownership and feedback
We and our licensors retain all rights in the Service, including its software, design, branding, selection, organization, and original content. Your purchase grants the data-use license described above; it does not transfer ownership of the Service or third-party rights in source data. If you send product feedback, you allow us to use it without restriction or payment, but we will not identify you publicly without permission.
9. Service changes, suspension, and termination
We may improve, replace, limit, or discontinue features and data sources. We may suspend access when reasonably necessary to protect the Service, investigate fraud or security issues, respond to legal obligations, or address a material breach of these terms. Sections that by their nature should continue—including payment obligations, use restrictions, ownership, disclaimers, and liability terms—survive termination.
10. Disclaimers, liability, and indemnity
To the maximum extent permitted by law, the Service and data are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. AgentEmailer is not your legal adviser, campaign sender, or compliance provider.
To the maximum extent permitted by law, AgentEmailer will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost opportunities, or loss of data. Our aggregate liability arising from a purchased product will not exceed the amount you paid for that product. These limits do not apply where liability cannot legally be limited.
You agree to defend and indemnify AgentEmailer against third-party claims, penalties, and reasonable costs arising from your unlawful outreach, misuse or redistribution of data, violation of these terms, or infringement of another person’s rights.
11. Governing law and disputes
Unless mandatory law requires otherwise, these terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Before filing a claim, each party will make a good-faith effort to resolve it by written notice through our contact channel. Any court proceeding must be brought in a state or federal court with jurisdiction in Florida, and each party consents to that forum.
12. Changes and contact
We may update these terms to reflect product, legal, or operational changes. The effective date above shows the latest revision. If a change is material, we will provide notice appropriate to the circumstances. Continued use after the updated terms take effect means you accept them.
Questions, legal notices, and order issues can be submitted through our contact page. These terms, the Privacy Policy, and terms shown in your final order form the complete agreement for the Service unless we sign a separate written agreement with you.