The website, the URL of which is salesripe.com (the “Site”) is provided to you by SalesRipe, LLC ("we", “us”, “our”, or “SalesRipe”). By using the Site, you agree to the following terms and conditions (hereinafter referred to as the “Agreement”). If you do not accept and abide by the present Agreement, you should not use the Site. “You” and “your” refer to any party accessing or using the Site or any data or information obtained from the Site. “Sales leads” refers to the individual records that contain information on a business or a person obtained from the Site.
You agree that by using the Site you shall be (i) subject to the present Agreement, and (ii) required to adhere to the following policies. Should you fail to abide by these policies without prior authorization from SalesRipe, SalesRipe reserves the right to disable and cancel your subscription at any time.
SalesRipe may amend the present Agreement at any time and in our sole discretion by posting a revised version of such Agreement on the Site. Unless otherwise stated herein or in such revision, the revised version of the Agreement shall come into force as soon as it is posted. You agree that you shall review and check for any changes on each occasion before using the Site or any Data. Your continued use of the Site and our services following changes to the present Agreement shall constitute your acceptance of such changes or modifications. If you do not agree to any changes to the present Agreement, discontinue use of the Site and Data immediately.
You agree that any and all service and data products as well as information available on the Site (together hereinafter referred to as the “Data”) shall at all times remain the sole and exclusive property of SalesRipe or of the third party data owners (“Data Owners”) who/which provided the Data to SalesRipe.
You agree that neither you nor any user of the Site has any proprietary rights whatsoever over the Site or the Data.
You agree that you shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site.
3. License, Permitted Uses & Restrictions
SalesRipe grants you a limited, non-exclusive, non-transferable license to use the Data for the permitted uses and subject to the restrictions as follows:
• You may not sell, resell, license, dispense, or in any other manner distribute any part of the Data to any third party.
• You agree that the Data may contain seeds to help SalesRipe identify unauthorized use of the Data, and you hereby agree not to remove any such seeds from the Data.
• You agree not to use the Data as an indicator in determining an individual’s credit worthiness or eligibility for credit, insurance or employment.
• You agree not to mention SalesRipe in any of your marketing communications and materials.
• You agree not to use the Data to advertise, sell, or exchange any products or services related to illegal or illicit activities, including, without limitation, payday loan services, sex products or services, drug products or services, pornographic materials, weapons, or involving credit repair services.
• You agree to be solely liable for all communication materials intended for mailing to names/addresses included in the Data.
• In your marketing communications including any Data, you hereby agree to: (i) abide by all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing (including registration for a Subscription Account Number (SAN) with the National Do Not Call Registry (https://telemarketing.donotcall.gov/), email, fax marketing, customer solicitation and privacy; (ii) ensure your mailings or other communications will be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address; and (iii) abide by all applicable industry association guidelines and regulations; and (iv) to be in compliance with TCPA and FTC regulations.
• You agree that any use of email Data shall abide by all applicable state and federal laws, including but not limited to, the CAN-SPAM Act of 2003.
• You agree that you shall be responsible for your entire use of any email data obtained from SalesRipe, and that in the event that you send email in breach of the CAN-SPAM Act or of any other applicable anti-spam law, state law, rules or regulations, you specifically agree (in accordance with section 14 of this Agreement) to defend, indemnify and hold harmless SalesRipe, including but not limited to its affiliates, business partners, third-party suppliers and service providers.
• You agree to not interfere with or disrupt the Site.
• You agree that only you may have access to the Data via the Site through your personal and unique login information. Moreover, you may only log into the Site from one (1) location at a time. Multiple instances of simultaneous usage from more than one (1) location may result in the cancellation or suspension of your account.
You may not access our services if you are our direct competitor, except with our prior written consent. In addition, you may not access Site and our services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4. Username and Password
You shall be responsible for maintaining the security of your account, passwords, and files. SalesRipe will accept the instructions of any individual who claims to be authorized to instruct changes to your account as long as such person provides your username and password or provides other adequate account identifying information (by email or by phone, or third party) as determined by SalesRipe in its sole discretion. SalesRipe has no knowledge of your organization and shall not be liable for the actions of any individuals who misuse or misappropriate your contract lists or other assets using your username and password or any other account identifying information. SalesRipe may suspend or cancel your account if it believes that you have provided access to your account to any third party in breach of the present Agreement.
5. Plans available to SalesRipe Subscribers
Basic Plan (Recurring Billing of $49 (USD) per Month): This gives you immediately 200 lead credits per month. If you have used all such 200 lead credits in a month, then you may buy more at $0.10 per credit. At the beginning of each following monthly periods a new 200 credits shall be automatically given to you.
Plus Plan (Recurring Billing of $79 (USD) per Month): This gives you immediately 1,000 lead credits per month. If you have used all such 1,000 lead credits in a month, then you may buy more at $0.05 per credit. At the beginning of each following monthly periods a new 1,000 credits shall be automatically given to you.
Ultimate Plan (Recurring Billing of $129 (USD) per Month): This gives you immediately 2,500 lead credits per month. If you have used all such 2,500 lead credits in a month, then you may buy more at $0.03 per credit. At the beginning of each following monthly periods a new 2,500 credits shall be automatically given to you.
Purchase of any additional sales leads shall be completed before you can download and/or print the CSV or PDF file.
6. Subscription & Billing
At the time you start your SalesRipe subscription, you must authorize SalesRipe to charge to your credit card or other authorized payment method the monthly subscription fee for the Data at the then-current subscription fee amount as indicated on the Site, plus any applicable taxes (for new monthly subscriptions to SalesRipe only). Recurring payments will automatically be drawn from your credit or debit card account each month on the date upon which you initially subscribed and for as long as your subscription remains active. Please visit the “My Account” section of your account in order to cancel.
Please bear in mind that the subscription fee is subject to modification at any time. Any such modification shall always come into force three (3) days following posting of such modification on the Site. You hereby understand and agree that it is your sole responsibility to check, from time to time, the Site for any changes with regards to the subscription fee.
SalesRipe may send you an e-mail to the e-mail address attached to your SalesRipe account prior to the coming into force of an increase in your monthly subscription fee. Your obligation to pay such increased subscription fee shall remain effective whether or not SalesRipe decides to send such an e-mail.
SalesRipe may terminate or suspend your account if for any reason a payment method is cancelled, terminated or declined or if SalesRipe believes payment, using such payment method, will be rejected. In the event of any such termination or suspension, all downloaded sales leads, saved lead searches, tasks as well as all other data created by you within the Site will be completely and forever deleted by SalesRipe.
7. Cancellation & Money Back Guarantee
You may cancel your subscription at any time, and cancellation will take effect instantly. Payments may not be refunded unless otherwise specified in the present Agreement.
To cancel your subscription, login to the Site and click on “My Account” and then follow the instructions for cancelling your account.
On the date of cancellation, your data will be deleted and your SalesRipe account closed. On the date of termination, your payment method shall not be charged by SalesRipe for any future services under the present Agreement.
Within the first 30 days of subscription start date, if you have not downloaded or printed any Data, you are eligible for a full refund of your subscription.
• Within the first 30 days of subscription start date: If you have not downloaded or printed any sales leads, you are eligible for a full refund for the first month of your subscription.
• After the first 30 days of subscription start date: If you have not downloaded or printed any sales leads in the current month, you can cancel at any time and receive a full refund for the current month.
Yearly subscribers: You shall be eligible for a refund for the yearly subscription price paid (minus the cost of the first month already used) within the first 30 days of subscription start date if You have not printed or downloaded any Data.
Credits: Credits are defined as any amount of downloaded or printed sales leads that exceed your monthly amount. Credits are not eligible for a refund.
Once your account is closed, all saved searches and sales leads, as well as any remaining credits, will be deleted and you will no longer have access to the account.
8. Interruption and Termination of Service
You acknowledge that, considering the technical nature of resources SalesRipe requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in SalesRipe having any liability to you or others and shall not suspend or eliminate your payment obligations to SalesRipe or provide you with any refund rights for amounts previously paid to SalesRipe.
SalesRipe reserves the right to terminate, suspend or restrict your use of SalesRipe’s service and to terminate the present Agreement, without notice, for any or no reason whatsoever.
9. Warranties & Use of Email Data
You hereby warrant that your use of the Data will abide by all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you shall use your best efforts to abide by the DMA’s guidelines. You understand and agree that it is your sole responsibility to determine the applicability of, and ensure your own compliance with, any such Laws.
You hereby warrant that your use of any United States email Data will abide by all applicable Laws including, without limitation, the CAN-SPAM Act, COPPA, and any State Registry laws.
You acknowledge that certain Data may include names and phone numbers that appear on one or more Do Not Call lists maintained by a federal, state, provincial, or other governmental entity. You agree to comply with all such relevant Laws relating to such Do Not Call lists.
10. Review and Audit by SalesRipe
SalesRipe reserves the right to review your use of the Data to ensure compliance with the present Agreement, but any failure of SalesRipe to review such use will not constitute acceptance of such use or waive any of SalesRipe’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least three (3) days’ notice, SalesRipe may audit your records to determine whether you are in compliance with the present Agreement, and you shall make available to SalesRipe or its representatives all records necessary for the conduct of such an audit.
11. Consumer Inquiries
You agree to promptly respond to any communication initiated by a consumer (“Consumer Inquiries”) arising out of your use of the Data. You agree not to reference any Data Owners or the SalesRipe in written or oral communication with consumers or in scripts used in responding to Consumer Inquiries without SalesRipe’s prior written approval.
12. Do Not Call Lists – Suppression
It is your responsibility to ensure that the most current legally required suppression processing has been applied to the Data, before such files are used for marketing purposes. You shall be responsible for complying with all applicable state and local laws governing the use of SalesRipe’s services. SalesRipe does not guarantee that the results meet the requirements of any applicable local, state, federal or international law, rule or regulation related to the usage of contact information, including, but not limited to, wireless suppression lists, wireless domain lists, commercial e-mail laws, telemarketing laws and "Do-Not-Call" lists.
13. Warranty Disclaimer and Limitation of Liability
ALL DATA AND SERVICES PROVIDED VIA THE SITE ARE PROVIDED ON A STRICTLY “AS IS” BASIS. SALESRIPE AND THE DATA OWNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE DATA, SERVICES, LISTS, OR THE MEDIA ON WHICH THE DATA ARE PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SALESRIPE OR DATA OWNER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE.
You hereby agree that SalesRipe’s aggregate liability (or that the aggregate liability of SalesRipe’s affiliates and data providers including Data Owners) shall under no circumstances exceed more than one (1) month of subscription fees paid by you to SalesRipe pursuant to the present Agreement.
You hereby agree to defend, indemnify and hold harmless SalesRipe and its affiliates, business partners, third-party suppliers and service providers including Data Owners, licensors, and their respective officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and expenses as well as attorneys’ fees) with regards to any claim or action that (i) arises from any alleged breach of the present Agreement, (ii) arises from the content or effects of any communication you distribute using the Data, or (iii) arises from your activities or use of the Site. Moreover, you understand and agree that SalesRipe shall have the right to seek damages, including without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, if you use the Site or Data for unlawful purposes, in an unlawful way, or in a way inconsistent with the provisions of the present Agreement. In addition, if SalesRipe is required to respond to a third party or government subpoena related to your use of the Site or Data, you agree to reimburse SalesRipe for its reasonable expenses associated with complying with such subpoena requests including attorney fees.
15. Trademark & Copyright
The Site and all the information contained thereon are the sole and exclusive property of SalesRipe. The unauthorized use of any such copyright, trademark, or service mark is strictly prohibited under U.S. copyright law, trademark law and other intellectual property laws and conventions.
16. Miscellaneous Provisions
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind SalesRipe.
The present Agreement constitutes the entire understanding and agreement between you and SalesRipe with respect to the subject matter described herein.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the present Agreement will otherwise remain in full force and effect and enforceable.
Section 13 (Warranty Disclaimer and Limitation of Liability), Section 14 (Indemnification) and Section 16 (Miscellaneous) shall each survive any termination of the present Agreement.
You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of SalesRipe, whether by operation of law or otherwise, and any attempt to do so shall be void.
The Agreement shall be governed by and construed under the laws of the State of California, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Los Angeles County, California, and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.