Terms of Sales and Service

EmailPhoneDirectory.com

759 Bloomfield Ave #403
West Caldwell, NJ 07006

Welcome to the EmailPhoneDirectory.com (hereinafter “EPDirectory”) web site, and Thank You for considering our products.  EPDirectory will provide their goods and services to You subject to the following terms and conditions.  Please read this information carefully before placing any orders.  By placing an order with EPDirectory, You agree to be bound by the following Terms of Sales and Service (Agreement):

1.      PRIVACY POLICY:  The EPDirectory Privacy Policy is located at http://www.emailphonedirectory.com/privacy.php and is hereby incorporated into this Agreement by reference.  Please review the Privacy Policy to understand the EPDirectory policies.

2.      DIRECTORY SERVICES:  EPDirectory will provide You the opportunity to search for the name associated with an email address or the email address associated with a name, and will also provide the phone number and birth date for the search if available.

a.       You hereby warrant that You will not use the information provided by EPDirectory in violation of any State or Federal law, including but not limited to, the Can-Spam Act of 2003 or the FTC Telemarketing Sales Rules (TSR).

3. FEES FOR SERVICES:  For each of the Products described above, the fee will be as described by EPDirectory and paid by You at the time the service is ordered.
   
   

4.      REFUND POLICY:  Due to the nature of our product, You agree and acknowledge that EPDirectory maintains a no refund policy on all products and services offered.  If You are dissatisfied with any product or service offered by EPDirectory Your exclusive remedy is to discontinue use of the service without refund of any kind whatsoever.

5.      WARRANTIES:  EPDIRECTORY SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY EPDIRECTORY IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPDIRECTORY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  EPDIRECTORY DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY EPDIRECTORY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES EPDIRECTORY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY EPDIRECTORY OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY EPDIRECTORY.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY EPDIRECTORY IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.  EPDIRECTORY DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ANY SERVICE OFFERED BY EPDIRECTORY OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY EPDIRECTORY.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPDIRECTORY OR THROUGH ANY SERVICE OFFERED BY EPDIRECTORY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6.      LIMITATION OF LIABILITY:  UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL EPDIRECTORY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY EPDIRECTORY, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY EPDIRECTORY, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF EPDIRECTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ALSO AGREE THAT EPDIRECTORY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY EPDIRECTORY.  IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY EPDIRECTORY YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE AWARENESS THAT EPDIRECTORY MAINTAINS A NO REFUND POLICY.

7.      INDEMNIFICATION:  You agree to indemnify, defend, and hold harmless EPDirectory, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by EPDirectory or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, including but not limited to, Can-Spam violations or TSR rules, copyright infringement, trademark infringement, patent infringement or plagiarism. EPDirectory may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by EPDirectory, however, shall not excuse any of Your indemnity obligations.

8.      FORCE MAJEURE:  Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.

9.      ASSIGNMENT:  Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.

10.  RELATIONSHIP OF THE PARTIES:  The parties are independent contracting entities, and there is no partnership or agency relationship between them.

11.  INTENDED FOR USERS OVER 13:  EPDirectory web site is intended for use by individuals 13 years of age or older only.  If you are under the age of 13 please leave this site immediately.

12.  ENTIRE AGREEMENT:  Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.

13.  DISPUTES:  In the event of a dispute, You agree to attempt to resolve the dispute by contacting emailzipcode@ureach.com prior to taking any other action.  Failure to contact EPDirectory to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of the EPDirectory web site are governed by the laws of the State of New Jersey, and the courts of general jurisdiction located within Essex County, New Jersey, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning Agreement and EPDirectory.  In addition to the foregoing, in the event of any breach or violation of this Agreement, EPDirectory shall be entitled to enforce all of its legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs.  These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.

14.  SEVERABILITY:  If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

15.  HEADINGS: The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

This Agreement was last revised on February 18, 2010.