Terms and Conditions
Last Updated: January 21, 2025
1. ACCEPTANCE OF TERMS
By accessing or using AmericansDirect.net ("Company", "we", "us", or "our"), you agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully before using our services. Acceptance is indicated by clicking "I agree" or through continued use of our services.
2. DEFINITIONS
- "Services" means network access, email/SMS deployment, and Partner program services- "Licensee" means any entity granted access to Company networks
- "Partner" means approved entities utilizing fundraising capabilities
- "Platform" means AmericansDirect.net and associated services
- "Campaign" means any fundraising initiative conducted through the Platform
3. SERVICE DESCRIPTION
3.1 Database Services- Company provides access to networks containing individual records for B2B, B2C, political, and non-profit purposes
- Access granted pursuant to separate, written licensing agreements
- Initial access fee plus revenue sharing arrangement as mutually agreed, documented in writing
3.2 Deployment Services
- Email and SMS deployment services available for partners of Americans Direct.
- Payment required in advance
- Commission structure as mutually agreed, documented in writing
- Subject to all applicable laws and regulations
3.3 Partner Program
- Setup fee required for participation
- Deployment and data hygiene fees apply
- Revenue sharing as mutually agreed, documented in writing
- Company reserves the right to approve or deny any Partner application in a non-discriminatory manner
4. PAYMENT TERMS
4.1 Fees- All fees due in advance unless otherwise specified
- Revenue sharing payments due within 30 days of receipt
- Company reserves the right to suspend service for non-payment, which may result in loss of access to all services until outstanding fees are settled. Reinstatement fees may apply.
4.2 Taxes
- All fees exclusive of applicable taxes
- User responsible for all applicable taxes and fees, including cross-border or jurisdictional tax laws
5. DATA USAGE AND DISCLAIMERS
5.1 Data Accuracy- Company makes best effort to maintain accurate data
- NO WARRANTY OR GUARANTEE OF ACCURACY PROVIDED, except for reasonable business expectations
- Users acknowledge inherent limitations of data collection
5.2 Prohibited Uses
- No reverse engineering of network
- No resale without explicit authorization
- No use for illegal purposes; violation of this clause may result in termination and potential legal action
- No circumvention of Platform security measures
5.3 Opt-In for Text Messages
- By providing your mobile number, you are consenting to receive calls and texts, including autodialed and automated calls and texts, from Americans Direct, LLC and Partners. We are happy to help at text@americansdirect.net. Reply HELP for help, STOP to end. Message frequency may vary. Message and data rates may apply.
6. PARTNER PROGRAM TERMS
6.1 Campaigns- No minimum fundraising requirement
- No maximum campaign duration
- Fund handling determined on a case-by-case basis
- Company reserves the right to terminate any campaign at its sole discretion, provided such termination is non-discriminatory
6.2 Prohibited Categories
- Pornography
- Illegal activities
- Any category deemed inappropriate by Company
- Company maintains sole discretion in approving campaigns, subject to a non-discriminatory standard
7. INTELLECTUAL PROPERTY
7.1 Ownership- All data, software, and content remain Company property
- Limited license granted for specified use only
- No transfer of intellectual property rights
- User-generated content remains the property of the user; however, Company retains a non-exclusive license to use such content for service provision
7.2 Restrictions
- No unauthorized copying or distribution
- No creation of derivative works
- No removal of proprietary notices
8. LIMITATION OF LIABILITY
8.1 Disclaimer of Warranties- SERVICES PROVIDED "AS IS"
- NO WARRANTIES OF MERCHANTABILITY OR FITNESS
- NO GUARANTEE OF UNINTERRUPTED SERVICE, except for cases involving gross negligence or willful misconduct
8.2 Limitation of Damages
- LIABILITY LIMITED TO FEES PAID
- NO CONSEQUENTIAL DAMAGES, except for cases involving data breaches or gross negligence
- NO LOST PROFIT DAMAGES
9. INDEMNIFICATION
Users agree to indemnify and hold harmless Company from:- Claims arising from use of Services
- Violations of Terms
- Third-party claims related to use
- Regulatory violations, including but not limited to data privacy laws (e.g., GDPR, CCPA)
10. DISPUTE RESOLUTION
10.1 Mandatory Arbitration- All disputes subject to binding arbitration
- Arbitration conducted in Delaware, with an option for online arbitration for remote users
- Each party bears own costs, except for cases involving gross negligence or intentional misconduct
10.2 Cure Period
- 60-day cure period for breaches
- Written notice required
- Failure to cure permits termination
11. FORCE MAJEURE
Company not liable for failures due to:- Natural disasters
- War or terrorism
- Government actions
- Other events beyond reasonable control
12. PRIVACY
- Use subject to Privacy Policy- Privacy Policy incorporated by reference
- Company maintains compliance with applicable regulations, including GDPR and CCPA
13. MODIFICATION OF TERMS
- Company reserves the right to modify Terms- Changes effective upon posting
- Users will be notified of changes via email or platform notification
- Continued use constitutes acceptance
14. GOVERNING LAW
- Delaware law governs- Exclusive jurisdiction in Delaware courts, with an option for mediation for international users
- Users consent to personal jurisdiction
15. SEVERABILITY
If any provision deemed invalid:- Remaining provisions survive
- Invalid provision modified to extent permitted
- Terms interpreted to maximum effect
16. TERMINATION
- Users may terminate their agreement by providing written notice 30 days in advance- Company may terminate for cause or convenience with written notice, subject to applicable cure periods
17. ENTIRE AGREEMENT
- Terms constitute entire agreement- Supersede prior agreements
- No oral modifications