Warranties:
FreshDataLabs due to the nature of our data, won’t be providing any warranties on the data. You expressly agree that the use of FreshDataLabs data offered by FreshDataLabs is at your sole risk. FreshDataLabs will not mention any kind of warranty to our clients on the data that they obtain from any of our provided services. You agree and understand to terms that the cause of any damage by the use of data obtained from FreshDataLabs will be of your sole-responsibility. FreshDataLabs makes no warranty that the use of any of our product, services or information will meet your expectations. No advice or information, whether oral or written, obtained by you from FreshDataLabs or from any of the services provided by FreshDataLabs shall create any warranty not expressly made herein.
Limitation Of Liability:
Under no circumstances, FreshDataLabs shall be liable for any damage , loss induced because of the data provided as a service. To the fullest extent permitted by law, in no event will FreshDataLabs, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not FreshDataLabs has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the services more than the greater of $20 or the amounts paid by you to FreshDataLabs for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
In addition, FreshDataLabs or any of its employees will be liable in the case we were to assist you with any step of your account setup or any other troubleshooting, including attaining email connectivity, that exposes us to your private data, including prospect info and email metadata and content. By using FreshDataLabs, you agree to permit FreshDataLabs representatives these permissions when circumstances necessitate it. We reserve the right, at our own discretion, to assist in these ways when needed and will keep information confidential as per our privacy policy.
Miscellaneous Legal Terms:
These terms and the use of the services and software will be governed by Delaware law except for its conflicts of laws principles. all claims arising out of or relating to these terms or the services or software must be litigated exclusively in the federal or state courts of Delaware, and both parties consent to venue and personal jurisdiction there.
These Terms constitute the entire and exclusive agreement between you and FreshDataLabs with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. FreshDataLabs failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted to reflect our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but FreshDataLabs may assign its rights and obligations to any of its affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services.