Ownership of the Site
Each Site Owner may use the Retention.com Services to obtain email addresses of unidentified visitors to the Owners’ sites. Site Owner shall use the Services in compliance with all applicable laws and Data & Marketing Association (DMA) guidelines and shall not use or permit the Services to be used (i) in violation of any applicable laws, statutes, rules or regulations including, but not limited to, all applicable privacy, “do not call”, “do not mail”, and similar do not solicit federal, state, county and local regulations; (ii) for the propagation of worms or viruses, or (iii) to violate the rights of others (including without limitation privacy rights). Retention.com reserves the right to suspend the Services (or a portion thereof) without notice in the event the Site Owner’s use of the Services is in violation of this section, and to terminate this Agreement for repeated violations of this Section.
Site Owner may place code (a “Pixel Tag”) on Site Owner’s Third Party Site that is used to gather relevant information about the visitor to the site (each a “Visitor”) to assist Site Owner in reaching its customers and intended audiences. Retention.com hereby grants to Site Owner a nontransferable, non-exclusive license to the data received from the use of the Retention.com Services (“Licensed Data”). Site Owner shall use the Licensed Data for marketing and management purposes only and shall not transfer possession, right or title of or to such data to any third parties for any other purpose whatsoever.
Site Owner represents and warrants that it has in place and shall undertake the following in connection with this Agreement:
Third Party Pixels and Cookies When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.
- Retention.com or any related Services may not be used to send Emails in violation of the laws of the United States of America, including but not limited to those described below.
• Retention.com or any related Services may not be used to send commercial email messages, as that term is defined by 15 U.S. Code § 7702, which would reasonably be prohibited by 15 U.S. Code § 7704. (Elements of the “CAN SPAM” Act.) This includes Emails directed to persons who have elected to opt out of the receipt of such Emails, even if in the past they were eligible to receive such Emails.
• Retention.com or any related Services may not be used to send Emails to persons not reasonably believed to be at least eighteen (18) years of age.
• Retention.com or any related Services may not be used to send Emails containing pornography, erotica, or similar adult-oriented materials.
Requirements of Use
- If you send Email to contacts acquired via Retention.com, such Email must contain information regarding and a link to an unsubscribe option whereby the recipient can indicate that they no longer wish to receive such Emails (“Opt Out Request.) You must have a reliable procedure in place to process and implement Opt Out Requests promptly.
• You must comply with all applicable law and regulation, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq,) COPPA (15 U.S.C. § 6501 et seq,) and all other applicable Federal and State laws.
You are responsible for all personal information (information about an individual) which you use to create or transmit the Emails, including any you provide to us to allow their creation and/or transmission. By using the Services you represent and warrant that your collection, retention and use of such personal information is in compliance with all applicable law and regulation.
Emails, Content, Reviews, Feedback and other Postings to the Site
If you submit, upload, post or send any Emails, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Content”), you agree not to provide any User Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Retention.com that you have the legal right and authorization to provide all User Content to Retention.com for the purposes and Retention.com’s use as set forth herein. Retention.com shall have a royalty-free, irrevocable, transferable right and license to use the User Content in whatever manner Retention.com desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world. Retention.com is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to you any compensation for any User Content; or (3) to respond to any User Content.
Retention.com does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant Retention.com the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are and shall remain solely responsible for the content of any User Content you make. Retention.com and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
You agree to defend, indemnify and hold Retention.com harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Retention.com arising out of any User Content you post or allow to be posted to the Site.
You agree to receive electronically all communications, documents, notices and disclosures (collectively, “Communications”) that Retention.com provides (by email, posting on Retention.com or otherwise) in connection with the Site and Services. It is your responsibility to keep your primary email address up to date so that Retention.com can communicate with me electronically, and to periodically check the Retention.com website for updates and notifications. You agree that agreements between you and Retention.com can be entered into electronically and signed electronically in accordance with applicable laws.
Site Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Retention.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Accuracy and Integrity of Information
Although Retention.com attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Retention.com so that it can be corrected. Retention.com reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Retention.com shall have no responsibility or liability for information or Content posted to the Site from any non-Retention.com affiliated third party.
Links to Other Sites
Retention.com makes no representations whatsoever about Third Party Sites or any website that you may access through this Site. When you access a non-Retention.com website, please understand that it is independent from Retention.com, and that Retention.com has no control over the content on that website. In addition, a link to a non-Retention.com website does not mean that Retention.com endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
Disclaimer of Warranties
RETENTION.COM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE (INCLUDING THE SERVICES) WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. RETENTION.COM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE (INCLUDING THE SERVICES).
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. RETENTION.COM DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Limitation of Liability Regarding Use of Site
RETENTION.COM AND ITS SUPPLIERS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF RETENTION.COM TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
Fees, Refunds, Account Suspensions, Cancellations, Payments
You agree to the following:
- Retention.com reserves the right to change fees at any time by posting the updated fee structure to our Website and/or sending you a notification via email.
• Should a use violate any terms of this Agreement, we reserve the right to cancel accounts or restrict access to accounts without refund.
• If we are unable to process your credit card, we will attempt to contact you via mail and will suspend account usage until payment can be processed.
• For prepaid, pay-as-you-go accounts, credits roll over and don’t expire. However, if you don’t log in to your account at least once in a 12 month period, your account (and all contents) may be deleted permanently from our system.
• We do not provide refunds to any account that is suspended or terminated for compliance reasons.
• If an account is not self-cancelled via the Retention.com interface, any account cancellation requests MUST be sent to support[at]retention.com in order to be processed. Voice mails are NOT valid account cancellation requests. If you do not submit your cancellation request to us in writing, we are not obligated to provide a refund to you for prior unused time.
• All plans are monthly payments; these charges persist regardless of whether or not your script is on or off or if you are actively collecting contacts
• Monthly plans include overage fees. If you opt to enable overages, you will periodically be billed for said overages once you reach a specific dollar amount in overages, not to exceed 1 overage charge per day
• In order to stop monthly payments, an account MUST be canceled via the Retention.com interface
• All refunds are at our sole discretion
• If a request for refund is made, our billing team will review each request on a case-by-case basis, within 30 days.
• Refunds are not provided for non-use. That means if you pay for Retention.com, but do not log in, turn off your script, or do not collect contacts for any period of time, you are not guaranteed a refund.
• In the event that you do qualify for a refund, the maximum amount for unused time, at our sole discretion, is 3 months.
- Any affiliate or agency earning a payout must have an active account to receive payouts. An active account requires a valid credit card on file, and a bank account must be set up and connected in order to earn referral revenues. We pay referral revenues 60 days after a referral has paid for a plan. If an account is not properly set up to receive payouts (either by connecting a bank account or adding a valid credit card on file) we will only back pay up to a maximum of 3 months of referral revenues.
- Any affiliate or agency earning a payout must have a U.S.-based Stripe account connected and set up to accept USD currency to receive payouts.
- Retention.com identifies and delivers contact records for visitors to your website using a code snippet.
• Data accuracy is not 100% and a bounce rate of up to 2% may occur, given the nature of the way data refreshes over time. A minority of the data may contain errors.
• We may consider, at our own discretion, account credit for bounce rates over the 2% threshold. In these cases, the customer must provide evidence of the email addresses sent to, overall bounce rate, and the bounce code returned by the server.
- Suppression Lists (Resolve) and CSV files (Reactivate): Suppression lists and CSV files are converted into encoded MD5s for security reasons. We do not use, share, or resell this data for any purpose other than to prevent users from collecting and paying for contacts they already have or provide open events.