Terms of Service:
The Respect Terms and Conditions (“Terms and Conditions”) is a legally binding agreement between You (“You”, “Your,” “Client”) and Respect Services, LLC, a Delaware corporation (d.b.a. “Respect”) (“Respect”, “We”, “Our”). As used herein, “Respect” refers to Respect Services, LLC and its directors, officers, employees, partners, principals, agents, and representatives.
By using the Respect website and/or Respect service (the “Service”), You are indicating that You have read these Terms and Conditions and Our Privacy Policy (as applicable) (collectively, the “Agreement”) and You understand, and You consent to be bound by, all the terms and conditions of the Agreement. These terms set forth your rights and obligations regarding Your use of any version of the website and/or Service. If You do not agree to all of the terms contained in the Agreement, You should not use the website and/or Service.
Respect reserves the right, in its sole discretion, to change, add, or remove portions of the Agreement at any time. It is Your responsibility to check the Agreement each time before using the website and/or Service. Your continued use of the website and/or Service following the posting of changes will mean that You accept and agree to the changes.
Your Information. You shall provide accurate, current, and complete information as may be required in the course of using the Respect website and/or Service. You agree that Respect shall be entitled to store such data in accordance with Our Terms and Conditions and Privacy Policy.
Third Party Software and Services. The Respect website may be integrated with other services and software provided by third parties. If you access the Respect website through a third party application or other interface, or use any third party software or other products in connection with the Respect website, you may be subject to additional terms and conditions.
Description of the Service. Client may reserve future services from Respect by purchasing Credits. The day of this purchase is the Credit Creation Date. This submission includes Client Identity, consisting of Client's name, Client's electronic mail address, and the organization for whom Client acts as an agent. It also includes Number of Credits and an Estimated Date of approximately when these addresses will be submitted. Client pays Base Price for Credits. Number of Credits is then added to Client's Unused Credits.
To initiate service, Client submits Job to Respect. The day this occurs is the Job Creation Date. Job includes Client Identity, as previously defined, as well as Submitted Addresses, meaning the addresses to be serviced by Respect. If Client has Unused Credits, one Credit is used to pay for exactly one Submitted Address. The Client submits a greater number of Submitted Addresses than Client has Unused Credits currently available, the excess number of Submitted Addresses are Excess Addresses. Client must pay an additional Rush Price for Excess Addresses. Following Respect's choice of Job Start Date, Respect partitions Submitted Addresses into Negative Addresses and Positive Addresses. The Positive Addresses are not initially revealed to client. Client may elect to reveal a subset of Positive Addresses, in part or in total. Doing so requires Client to pay Reveal Price on Reveal Date. Finally, Client may request Job Deletion.
Accurate Identity. Client agrees to submit a truthful and accurate Client Identity. This includes an electronic mail address that is rightfully operated by Client, and the name of an organization (such as a school district, university, financial institution, or other business entity) for which Client rightfully acts as an agent. If Respect reasonably believes that any portion of Client Identity is incorrect, Respect may choose to terminate Service to the Client.
Dates of Service. Client provides Scheduled Date for informational purposes, to assist Respect’s planning. However, Job Creation Date is not required to be on or about Estimated Date. Credits remain valid, following the passage of their Estimated Date, for payment of Submitted Addresses. Respect agrees to select a Job Start Date within 4 weeks (28 days) of Order Submission Date.
Minimum Job Size. At its sole discretion, Respect may refuse service if the number of Submitted Addresses is less than 200.
Payment for Services. Client agrees to issue payment for Credits no later than 1 week (7 days) after Credit Creation Date. Client agrees to issue payment for Job, in case of Excess Addresses, no later than 1 week (7 days) after Job Creation Date. Similarly, Client agrees to pay the Reveal Price no later than 1 week (7 days) after Reveal Date. If payments are not issued by these dates, Client forfeits their use of the Service, including their right to reveal Positive Addresses.
Confidentiality Obligations of Respect. Respect shall hold and maintain Submitted Addresses in confidence. Respect shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in these Terms of Service. Respect shall not, without the prior written approval of Client, use for Respect's benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Client, any Submitted Addresses.
Data Deletion Obligations of Respect. After Client requests Job Deletion, Respect will (1) delete Negative Addresses from its database, and (2) remove the explicit database association between Client Identity and Positive Addresses. This deletion will occur no later than 2 days (48 hours) after Client's request.
Exclusions to Confidentiality and Data Deletion Obligations of Respect
- Respect carefully designs its systems to ensure high levels of security. However, there remains potential for unauthorized system access. Respect is not liable for any breach of its database or computer systems.
- Submitted Addresses may be retained on backups for no longer than 8 weeks (56 days).
- For accounting and internal purposes, Respect retains Positive Addresses whose explicit link to Client Identity have been removed.
Interpretation of Results. The Positive Addresses consist of True Positive Addresses and False Positive Addresses. The True Positive Addresses are Submitted Addresses that violate rules implicitly or explicitly specified by Client. This violation of rules does not indicate the presence of fraud or any illegal activity. Client agrees that Positive Addresses offered by Respect are purely informational. Respect is not liable for any actions or decisions subsequently taken by Client upon receipt of Positive Addresses.
Accuracy of Results. False Positive Addresses are addresses that are erroneously included in Positive Addresses. Respect offers no guarantees on the proportion of True Positive Addresses to False Positive Addresses. Furthermore, the Negative Addresses may include False Negative Addresses, which are erroneously described by Respect as Negative rather than as Positive. The remainder of Negative Addresses are True Negative Addresses. Respect offers no guarantees of the proportion of True Negative Addresses to False Negative Addresses. In sum, Respect offers no guarantees on the accuracy of its partitioning of Submitted Addresses.
Use of Third-Party Data. To provide service, Respect draws upon many third-party data sources. These may contain errors, omissions, old data, and/or other faults. Respect is not liable for these faults, nor is it liable for any subsequently spoiled analyses.
Licensing. Respect is not a licensed private investigator. It does not perform private investigations.
Refunds. Let Discrepancy Amount be Scheduled Amount minus the number of corresponding Submitted Addresses. If Discrepancy is positive and less than 30% of Scheduled Amount, Client is entitled to refund of Discrepancy. At most 30% of Submitted Addresses Client is not entitled to a refund of Base Price, under any circumstances. At its sole discretion, Respect may offer refunds for False Positive Addresses, not exceeding their original price.
Limitation of Liability. Client agrees and acknowledges that it shall have no legal or financial recourse against Respect, its officers, directors, employees, or data providers for defective, missing, incomplete, or otherwise inaccurate data. Neither Respect, its officers, directors, and employees nor any third-party data provider to Respect shall be liable to Client for any loss or claim arising from Client’s use of Respect data. If not withstanding the foregoing, if liability can still be assigned to Respect, its officers, directors, employees, or third-party data providers by an appropriate court of law, or other governing body, then Respect’s (and related parties’) maximum liability shall never exceed $25.00 (Twenty Five Dollars) regardless of nature, size, or scope of claim. Further, Client agrees to not seek punitive damages against Respect, its officers, directors, employees, and third-party data providers under any circumstances. Notwithstanding the foregoing, if punitive damages can still be assigned to Respect, its officers, directors, employees or third-party data providers by an appropriate court of law, or other governing body, then Respect’s (and related parties’) maximum punitive damages shall never exceed $25.00 (Twenty Five Dollars) regardless of nature, size, or scope of claim. Client agrees and accepts that neither Respect nor its officers, directors, employees or third-party data providers shall be held liable to Client or any third-parties for any direct, incidental, or indirect claims or damages arising out of use of data.
Disclaimer of Warranties. This site is provided by Respect on an “as is” and “as available” basis. Respect makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Respect disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Respect does not warrant that this site, its servers, or email sent from Respect are free of viruses or other harmful components. Respect will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. 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.
Usage Rules. You agree not to violate, or attempt to violate, any security components of the Respect service, security technology, or software. You agree not to, nor attempt to, nor encourage or assist a third party to or to attempt to, violate, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components used to administer the Respect service for any reason whatsoever.
You warrant, represent, and undertake that you will not use the Respect service: to violate or infringe anyone’s intellectual property rights; in any way that may damage the reputation of Respect; to intentionally or unintentionally violate any applicable local, state, national or international law, You will not access or use the Respect service by any means other than as provided by Respect, will not make any automated use of the Respect service (such as through scripts, data mining, robots, screen scraping, or similar data gathering and extraction tools) or interfere with, disrupt, or create an undue burden on the Respect service or the networks or services connected to the Respect service. You agree not to modify the Respect service in any manner or form, or to use modified versions of the Respect service, for any purposes including obtaining unauthorized access to the Respect service.
Intellectual Property. All intellectual properties of the Respect service are protected by copyright, patent, trade secret, trademark, trade dress, and service mark laws of the U.S., international conventions, all other relevant intellectual property and proprietary rights, and applicable laws.
Except as expressly authorized by the owner of the Intellectual Property, you agree not to sell, rent, lease, loan, assign, sublicense, distribute, or otherwise transfer, copy or reproduce, modify, publicly perform or display, broadcast, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of such Intellectual Property other than as expressly authorized in this agreement.
Respect is the trademark, domain name, and/or service mark of Respect Services, LLC. All other trademarks, domain names, or service marks are property of their respective owners. Use of any Respect trademarks or service marks without its express written consent is strictly prohibited.
Miscellaneous. These Terms and Conditions, together with the Privacy Policy, is the entire agreement between You and Us and governs Your use of the Respect service, superseding any prior agreements between You and Us, whether written or oral, relating to the subject matter.
Respect may provide You with notices, including those regarding changes to the Terms of Service, including by but not limited to email, regular mail, SMS, MMS, text message, postings on Respect’s website, or other reasonable means now known or hereafter developed. Such notices may not be received if You violate these Terms of Use by accessing the Respect service in an unauthorized manner. Your agreement to the Terms of Service constitutes Your agreement that You are deemed to have received any and all notices that would have been delivered had You accessed the Respect service in an authorized manner.
Under no circumstances shall Respect be held liable for any delay or failure in performance resulting directly or indirectly from acts of God, fire, riot or civil commotion, act of public enemy, rule, order or act of any government or governmental instrumentality (whether federal, state, local or foreign) or other cause of a similar or different nature not reasonably within Respect’s control, as applicable.
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to the conflict of law provisions of Delaware or Your actual state or country of residence. Any claim or controversy in any way arising out of or relating to this Agreement will be filed in a court of competent jurisdiction sitting in Dover, Delaware, and You consent to exclusive jurisdiction in that county.
No delay or failure to take action under these Terms of Service shall constitute any waiver by Us of any provision of this Agreement.
This Agreement is personal to You and may not be transferred, assigned or delegated to anyone. Any attempt by You to assign, transfer or delegate this Agreement shall be null and void. We may assign or sub-license this Agreement to an affiliate or successor in interest to all or substantially all of our assets with or without notice to You.
The titles used in these Terms of Service are for convenience only and are not to be considered in construing or interpreting these Terms of Service.
If any provision of these Terms of Service is ruled invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of these Terms of Service remain in full force and effect.
This Agreement does not in any way create the relationship of principal and agent, franchise, joint venture, or partnership. Neither party will act or attempt to act, or represent itself to others, as an agent of the other party or in any manner assume or create any obligation on behalf of or in the name of the other party, pursuant to this Agreement. Neither party will be liable of any debts or obligations of the other unless expressly assumed in writing.
Disclaimer of Warranties. This site is provided by Respect on an “:as is”: and “:as available”: basis. Respect makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Respect disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Respect does not warrant that this site, its servers, or email sent from Respect are free of viruses or other harmful components. Respect will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. 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.