These general terms and conditions (the “Agreement”) are part of the contract to which they are attached and apply to your use of any marketing, email data, or services provided by Strive Data Solutions LLC ("we," "our," or "us"), which data or services are referred to collectively as the “Data.”

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1. Limited License

Upon your execution of the Agreement and the payment of all amounts due to Strive Data Solutions LLC, you are granted a personal, non-transferable, and non-exclusive license to use the Data solely for your direct marketing, market research, and customer prospecting purposes, in strict accordance with the terms of the Agreement. If no usage period is selected, the license’s term shall be for one year. Strive Data Solutions LLC shall retain all rights, title, and interest in and to the Data and all intellectual property contained therein. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by Strive Data Solutions LLC, either (a) return the Data to Strive Data Solutions LLC without retaining any copies thereof or any notes or other information thereon, or (b) provide a certificate, executed by you, in form and substance satisfactory to Strive Data Solutions LLC, that the Data has been destroyed in such a manner to render it permanently unreadable and unrecoverable.
The Website uses cookies. A “cookie” is a small amount of data that is sent to a user’s browser from a web server and stored on a user’s computer, used to store and track information about the user. When you visit our site, Strive Data Solutions LLC may use cookies containing information used to track your usage of our site and may be used to send you personalized content or offers. Strive Data Solutions LLC also utilizes basic cookies to enable caching of our content in your browser to help accelerate page loading performance. You can disable cookie storage via your browser’s content settings.

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2. Limitations on Use

(a) Unless specifically authorized in advance and in writing by Strive Data Solutions LLC, you will not share, sell, transfer, or otherwise make the Data available to any third party or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third party or entity.
(b) You will not name or refer to Strive Data Solutions LLC or your use of the Data in any of your advertisements or promotional or marketing materials.
(c) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, or any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.

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3. Your Responsibilities Use of Email Data Review and Audit by Strive Data Solutions LLC

You agree to comply with all applicable laws and regulations regarding the use of the Data. Strive Data Solutions LLC reserves the right to review and audit your use of the Data to ensure compliance with this Agreement.

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4. Disclaimer of Warranties and Limited Warranty

THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. STRIVE DATA SOLUTIONS LLC DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS, OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED BELOW, DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 14 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY STRIVE DATA SOLUTIONS LLC OF ANY PROBLEMS OR MISTAKES IN THE DATA, AND IF YOU SO NOTIFY STRIVE DATA SOLUTIONS LLC WITHIN THAT 14-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.

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5. Limitation of Liability

Except as provided in the last sentence of Section 4, Strive Data Solutions LLC will not be liable for any claim, demand, loss, liability, damage, injury, cost, or expense (including reasonable attorneys' fees and legal costs), whether general, direct, special, incidental, consequential, or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Strive Data Solutions LLC to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Strive Data Solutions LLC was advised of the possibility of such damages. Strive Data Solutions LLC’s maximum liability under the last sentence of Section 4 will not exceed the amount you paid to Strive Data Solutions LLC under the Agreement within the 12 months preceding the event that gave rise to Strive Data Solutions LLC’s liability.

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6. Your Indemnification of Strive Data Solutions LLC

You shall indemnify, defend, and hold harmless Strive Data Solutions LLC, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury, cost, or expense (including attorneys' fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of laws.

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7. Interruption of Service

You acknowledge that, given the technical nature of the resources Strive Data Solutions LLC requires to provide the Data to you, temporary interruptions may occur in the provision of the Data. Any such interruptions shall not result in Strive Data Solutions LLC having any liability to you or others and shall not suspend or eliminate your payment obligations to Strive Data Solutions LLC or provide you with any refund rights for amounts previously paid to Strive Data Solutions LLC.

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8. No Assignment by You

You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of Strive Data Solutions LLC, whether by operation of law or otherwise, and any attempt to do so shall be void.

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9. Additional Remedy of Termination

In addition to all other legal rights and remedies available to Strive Data Solutions LLC, for any apparent, threatened, or actual breach or violation of the Agreement by you, Strive Data Solutions LLC has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if Strive Data Solutions LLC believes you are not complying in full with the Agreement.

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10. Governing Law; Jurisdiction

The Agreement shall be governed by and construed under the laws of the State of Wyoming, without regard to 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 Cheyenne, Wyoming, 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.

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11. Payment for Non-Invoiced Products

(a) Payment: You agree to pay Strive Data Solutions LLC a fee in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed-upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then-current subscription price.
(b) Recurring Billing: Your acceptance of these terms constitutes your authorization to Strive Data Solutions LLC to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide Strive Data Solutions LLC with complete and accurate billing and contact information and to update that information within thirty (30) days of any change. Failure of the recurring payment process does not absolve your payment obligations.
(c) Interest Charges: There will be interest charges on any amounts which you fail to pay when due at the rate of 1.5% per month, or such lower rate as may be equal to the maximum rate allowed by applicable law, on the unpaid amount.

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12. Entire Agreement; Amendment or Waiver

The Agreement contains the entire understanding between you and Strive Data Solutions LLC and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Strive Data Solutions LLC. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.

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13. File Management Library

Certain services, including those offered by Strive Data Solutions LLC, may include a file management library allowing you to store and access certain marketing creative (e.g., logos, email creative, images) and other documents (collectively, “Marketing Content”) for your internal use. Any such Marketing Content and art will remain your property; however, you grant Strive Data Solutions LLC permission to host, store, and allow access to your users. You are solely responsible for ensuring that you have all necessary rights and licenses to the Marketing Content and for using that Marketing Content in connection with the services. Strive Data Solutions LLC is not responsible for actions you take with respect to your Marketing Content. You agree not to upload Marketing Content that (i) violates the intellectual property rights of any third party; (ii) engages in or promotes illegal activity; or (iii) distributes viruses, worms, or other malware. Strive Data Solutions LLC reserves the right to delete or disable content alleged to violate the foregoing.​

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14. Execution Counterparts

The Agreement may be executed in its original form, by facsimile, or in electronically transmitted portable document format, and may be executed in any number of counterparts, each of which shall be deemed an original of the same document.