Updated on May 15th 2015
This User Agreement (the “Agreement”) is a contract between You (the “User”) and eMailMonday (“Alfred Knows” or “eMailMonday” or “We” or “Us”) with its principal place of business in Houten, the Netherlands. You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to be use Alfred Knows which is located online at www.alfredknows.com (the “Site”).
We may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after We provide notice of the Changes, whether such notice is provided through the Site user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
YOU UNDERSTAND THAT BY USING ALFRED KNOWS, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE ALFRED KNOWS. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
1.1 “Client” means any User utilizing Alfred Knows to request Services to be performed by a Vendor. From time to time, Alfred Knows may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to Alfred Knows when acting in this way.
1.2 “Effective Date” means the date of acceptance of this Agreement.
1.3 “Services” means email list verification services provided by Vendor.
1.4 “Submissions” means a Client-initiated request for Vendor recommendations.
1.5 “User” means any individual or company that uses Alfred Knows as a Client or Vendor.
1.6 “Vendor” means any company utilizing Alfred Knows to offer or promote Services to Clients.
- Alfred Knows
2.1 Purpose of Alfred Knows.
Alfred Knows is an online recommendation service that enables Clients to receive Vendor recommendation provided by Us, and Vendors to promote their Services.
Alfred Knows DOES NOT share Client information with Vendors.
Alfred Knows is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. User agrees that User is not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to sovereign country sanctions or embargoes.
3.1 General User Obligations. Alfred Knows does not provide Services or manage individual Vendors or Clients, in any manner.
All Clients and Vendors are to comply with all laws applicable to them or to their activities. These policies may be modified from time to time at Alfred Knows’ discretion, and the currently effective policies will be deemed to be part of this Agreement.
When Submitting any information to Us or otherwise using Alfred Knows, Clients agree not to transmit: (i) any unlawful, hateful, racially or ethnically offensive, threatening, libelous, defamatory, obscene, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any material or content that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent right or other proprietary right of any third party; (iii) any falsehoods or misrepresentations that could damage us, our users or any third party; (iv) any private information concerning another person, without their permission; (v) anything which impersonates another person or represents yourself as affiliated with us, our staff or other industry professionals; (vi) anything which solicits a user’s password or other account information; (vii) anything which harvests user names, addresses, or email addresses for any purpose; and (viii) any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
You will not access (or attempt to access) Alfred Knows or the Site by any means other than the public interface provided, and you will not use information from Alfred Knows for any purpose other than the purpose for which it was made available. You will not engage in any activity that interferes with or disrupts the functioning of Alfred Knows. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than Services.
You do further hereby agree to use Alfred Knows for lawful purposes only, and not for any immoral or harmful activities. You agree that you will not do any of the following while using or accessing Alfred Knows: (i) attempt to access or search Alfred Knows or download content from Alfred Knows through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of Alfred Knows, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through Alfred Knows to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use Alfred Knows for any commercial purpose or for the benefit of any third party or in any manner not by this Agreement; (v) violate any applicable law or regulation; or (vi) advocate, encourage, or assist any other individual to doing any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
3.2 User Identity. All identity information associated with an Alfred Knows User account must be real and verifiable. Each Alfred Knows User account must be used by only one person, and each person is allowed to use only one User account. Alfred Knows reserves the right to validate User information at any time, including but not limited to validation against third party databases or the verification of one or more official government or legal documents that confirm the User’s identity. You authorize Alfred Knows, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address.
3.3 Submitting a Request. All Client requests submitted to Alfred Knows must be in English or Dutch. Submissions must accurately describe the Services requested. They should be free of offensive language or advertisements for other products or services. Submissions may not request any service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website.
3.4 Enforcement of User Agreement. Alfred Knows has the right, but not the obligation, to suspend or cancel your access to Alfred Knows if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Alfred Knows’ other remedies, we may suspend or terminate your usage and refuse to provide any further access to Alfred Knows to you if: (i) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause legal liability for you, our Users or for Alfred Knows. Once suspended or terminated, you MAY NOT continue to use Alfred Knows under a different account or reregister under a new account. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your User account is cancelled, you may no longer have access to any parts of Alfred Knows.
- Acknowledgements by User.
4.1 Our Service. User expressly acknowledges, agrees and understands that: (i) Alfred Knows is merely an online recommendation service where Users may act as Clients or Vendors; (ii) Alfred Knows is not a party to any contracts between Clients and Vendors; (iii) User recognizes, acknowledges and agrees that User is not an employee of Us and that We do not, in any way, supervise, direct, or control User’s Services or Submissions; (iv) Alfred Knows shall not have any liability or obligations by Users; (v) Alfred Knows has no control over Vendors or over the Services promised or rendered by Vendors; and, (vi) Alfred Knows makes no representations as to the reliability, capability, or qualifications of any Vendor or the quality, security or legality of any Services, and Alfred Knows disclaims any and all liability relating thereto.
4.2 Proprietary Rights.
We reserve all Proprietary Rights in and to the Alfred Knows. Alfred Knows reserves the right to withdraw, expand and otherwise change Alfred Knows at any time in Alfred Knows’ sole discretion. User shall not be “frame” or “mirror” any content contained on, or accessible through, Alfred Knows, on any other server or internet-based device. Alfred Knows alone shall own all right, title and interest, including all related Proprietary Rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Alfred Knows. This Agreement is not a sale and does not convey to you any rights of ownership in or related to Alfred Knows and Alfred Knows, or any Proprietary Rights owned by Us. Alfred Knows’ name, logo, and the product names associated with Alfred Knows are trademarks of Us, and no right or license is granted to use them.
Alfred Knows is free for Clients. Alfred Knows may charge Vendors a fee or sales commissions for representation on Alfred Knows.
- Confidential Information.
To the extent a Client or Vendor provides Confidential Information to the other and/or to Alfred Knows, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of Alfred Knows, to any Client or Vendor; and (ii) use the Confidential Information, except as necessary for the performance of Services (including, without limitation, the storage or transmission of Confidential Information on or through Alfred Knows).
If and when Confidential Information is no longer needed for the performance of Services, or at the Client’s or Vendor’s written request (which may be made at any time at Client’s or Vendor’s sole discretion), Client or Vendor (as the case may be) shall promptly destroy or return all Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. Each of Client or Vendor, as applicable, agrees to provide written certification to the party disclosing the Confidential Information of compliance with this within ten (10) days after the receipt of disclosing party’s written request to certify.
6.3 Publications. Client, Vendor and Alfred Knows shall not publish, or cause to be published, any Confidential Information, except as may be necessary for performance of Our Service.
- Warranty Disclaimer.
NOTWITHSTANDING ANYTHING ELSE STATED ON THE WEBSITE OR BY ANY OF ALFRED KNOWS’ REPRESENTATIVES, ALFRED KNOWS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE SERVICES, WORK PRODUCT, ALFRED KNOWS, QUALITY OR CAPACITY OF THE CLIENT OR VENDOR, OR ANY ITEMS OR ACTIVITIES RELATING TO THIS AGREEMENT (COLLECTIVELLY THE “DISCLAIMED ITEMS”). ALFRED KNOWS DOES NOT REPRESENT OR WARRANT THAT (I) THE USE OF ALFRED KNOWS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (II) THE DISCLAIMED ITEMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE DISCLOSED ITEMS, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ALFRED KNOWS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (V) ERRORS OR DEFECTS IN THE DISCLAIMED ITEMS WILL BE CORRECTED, OR (VI) ALFRED KNOWS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMED ITEMS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ALFRED KNOWS. ALFRED KNOWS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE DISCLAIMED ITEMS, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE DISCLAIMED ITEMS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE DISCLAIMED ITEMS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ALFRED KNOWS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ALFRED KNOWS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
- Limitation of Liability.
ALFRED KNOWS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE DISCLAIMED ITEMS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE ALFRED KNOWS OR AS TO THE QUALITY OR CAPACITY OF THE CLIENT OR VENDOR, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON ALFRED KNOWS OR IS REFERRED BY ALFRED KNOWS OR ALFRED KNOWS, EVEN IF ALFRED KNOWS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SERVICES OFFERED VIA ALFRED KNOWS RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH CLIENT OR VENDOR OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE ALFRED KNOWS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF ALFRED KNOWS, OR IN ANY WAY RELATED TO THE CLIENT, VENDOR OR THIRD PARTIES INTRODUCED TO YOU BY ALFRED KNOWS, OR WITH RESPECT TO THE PERFORMANCE OF ANY CONTRACTUAL OBLIGATIONS WITH ANY CLIENT AND VENDOR, AS WELL AS ALL LOSSES RELATING THERETO.
9.1 Proprietary Rights.
Each User shall indemnify, defend and hold harmless Us and our subsidiaries, founders, and affiliates, and each of our shareholders, stakeholders, directors officers, agents, employees, representatives and agents (each an “Indemnified Party”, and collectively the “Indemnified Parties”) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any Work Product, Services or action or omission by such User infringes Proprietary Rights or other rights of any third party.
9.2 Indemnification by Client.
Each Client shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (i) any contract entered into between such Client and a Vendor; or (ii) any breach of their obligations set forth herein.
9.3 Indemnification by Vendor.
Each Vendor shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (i) such Vendor’s provision of Services, (ii) any contract entered into between such Vendor and a Client; or (iii) any breach of their obligations set forth herein.
- Term and Termination.
The term of this Agreement commences on the Effective Date and continues in effect until terminated in accordance with the section below.
Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to our Services.
10.3 Consequences of Termination.
Termination shall not relieve Vendor of the requirement to pay fees and expenses, together with any applicable taxes, shall be invoiced to Vendor following termination. All terms set forth herein which by their nature survive termination shall survive the termination of this Agreement.
11.1 Entire Agreement.
This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them.
User shall not violate any laws or third party rights on or related to Alfred Knows. Without limiting the generality of the foregoing, User agrees to comply with all applicable import and export control laws and third parties’ Proprietary Rights.
You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of Alfred Knows. Notices hereunder shall be invalid unless made in writing and given (a) by Alfred Knows via email (in each case to the address that you provide), (b) a posting on alfredknows.com or (c) by you via email to email@example.com or to such other addresses as Alfred Knows may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
No modification or amendment to this Agreement shall be binding upon Alfred Knows unless in a written instrument signed by a duly authorized representative of Alfred Knows. A written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles.
11.5 No Waiver.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
User may not assign this Agreement, or any of its rights or obligations hereunder, without Alfred Knows’ prior written consent in the form of a written instrument signed by a duly authorized representative of Alfred Knows. Alfred Knows may freely assign this Agreement without consent of User. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
11.8 Choice of Law.
This Agreement and any action, dispute, controversy or claim related thereto will be governed by the laws o the Netherlands without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action in relation to this Agreement will be the Netherlands and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of Alfred Knows’ Proprietary Rights, Alfred Knows may, at its discretion, institute legal proceedings in any jurisdiction(s) which is (are) deemed necessary or advisable.
11.9 Independent Legal Advice. You acknowledge that Alfred Knows is not providing any legal advice, and that you have been afforded an opportunity to obtain independent legal advice with respect to this Agreement, and that you understand the nature and the consequences of this Agreement.
Should you have any questions or comments concerning the Terms and Conditions, please do not hesitate to contact us at firstname.lastname@example.org.