Updated: September 17, 2007

By accessing the website QualifiedAddress.com (the "Site") or requesting services provided by Qualified Address (the "Company") you will have access to valuable information, services and tools to assist you with meeting your objectives. By accessing the Site, you agree to these Terms of Use and Service ("TOS"). The Site, Content (as Defined Below), and Software (as Defined Below) are not available to competitors of the Company, and competitors as hereby expressly prohibited from using or accessing the Site, the Software or the Content. Furthermore, by viewing a demo or entering the Site, you are certifying that you are not a competitor of the Company and that you will not share or otherwise disclose the Site, Software, or Content with a competitor of the Company.

These TOS govern your access to and use of Software from the Company, whether through the Site or otherwise. In the event that you access the Site then your access to the Site, the Software, and the Content are subject to the TOS. In the event of any conflict between the TOS and any separate agreement with the Company, the terms and conditions of the separate agreement will prevail and govern.

Qualified Address will only knowingly provide its services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Site, Software, and Content only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Site, Software, and Content is not intended for children under the age of 13.

Copyright

All Content included in this site, such as text, graphics, logos, images, audio clips, and software, is the property of Qualified Address unless otherwise specified. This Content is protected by U.S. and international copyright laws. Any content that is not the express property of Qualified Address is used by permission of the copyright holder. Portions of our software are the property of the United States Postal Service. The Software used on this site is the property of Qualified Address and protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the Content on this site is strictly prohibited.

USPS Disclaimer

Exact Wave LLC, the parent company of Qualified Address, is a non-exclusive licensee of the United States Postal Service. The prices of our products and services as neither established, controlled, nor approved by the United States Postal Service. Advertising material is neither endorsed nor approved by the United States Postal Service. Portions of our software are copyrighted by the United States Postal Service. Customers accessing our site acknowledge USPS’s right to the Licensed Materials and Licensed Marks.

Your Password

The password that you use to access the Site, Software, and Content is personal to you. You may not share or disclose your password with anyone, whether within your organization or otherwise. You are responsible for safeguarding the password, and you agree not to allow any third party to access and use the Site, Software, and/or Content using your password. The Company recommends creating a password that cannot be easily guessed. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Qualified Address and change your password if any unauthorized use of your password is suspected.

Your Use of the Software and the Content

Qualified Address authorizes you to access and use the Site, Software, and Content subject to these Terms of Use and Service. You will not permit any third party to access and use the Software and/or Content. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Qualified Address. Details with regard to use of the Software are as follows:

Qualified Address Scrubbing
Qualified Address Scrubbing + DPV
Qualified Address Certified Scrubbing

Subject to these Terms of Use and Service, Qualified Address Scrubbing, Qualified Address Scrubbing + DPV, and Qualified Address Certified Scrubbing may provide you with the ability to compare information in your address list with official postal data and update the information in your address list when needed. You agree not to (i) sell, rent, sublicense or lease access to Qualified Address Scrubbing to provide services to third parties without the express written permission of the Company; (ii) reproduce, modify, make derivative works of, publicly perform, publicly display, use, make, have made, sell, offer to sell or import the Qualified Address Scrubbing Software, except as otherwise expressly agreed in writing between License Company and Qualified Address; or (iii) disassemble, decompile, or reverse engineer the Qualified Address Address Verification API. You agree that data submitted to Qualified Address Scrubbing may be purged from the Company’s secure server automatically thirty (30) days after being processed. You may request to have the data removed sooner by deleting the data in your account or contacting the Company’s customer support. Qualified Address agrees to delete all copies of your data when deletion is requested.

Address Verification API - Corporate License

Subject to these Terms of Use and Service, the Address Verification API may provide you with the ability to compare information in a database, in software, or on a website form with official postal data and update the information entered at the point of entry. You agree not to (i) sell, rent, sublicense or lease access to Qualified Address Scrubbing to provide services to third parties without the express written permission of the Company; or (ii) disassemble, decompile, or reverse engineer the Qualified Address Scrubbing Software.

Customers who purchase this product agree to the terms under "Recurring Billing" and are subject to the policies posted on http://www.qualifiedaddress.com/Services/Address-Verification-API/FAQ/.

Data Collection and Usage

In order to use the services from Qualified Address, you may be required to upload data to the Company’s secure server or send data to the Company. The Company recognizes that the data submitted for processing remains the property of the submitting user or user’s company or organization. You agree that the Company will take reasonable measures to ensure that this data remains secure. Qualified Address will not sell, give, or otherwise distribute any data submitted by you to any third party. The Company may use or process the data provided only to provide you with the services requested or to evaluate the quality of the services requested.

The Company may store the data submitted for processing for future processing at your request and for reference and quality control in the event that there is a problem with the services provided. The length of time that the data is stored by Qualified Address is dependant on the services you subscribe to. This length of time is specified under the terms for the product or service in the "Your Use of the Software and the Content" section of the TOS. You may remove your data from the Company’s secure server at any time by deleting the data in your account. Qualified Address agrees to purge the data from its secure servers within seven (7) days from the time of this request.

Qualified Address Data Center Security

Our data center is located in a highly secure facility guarded 24 hours a day. The movement of all authorized visitors is logged and your data is located in a locked area within the secure facility. Our data center computers communicate with each other using a private network behind a "firewall" that prevents any unauthorized access to our machines. Credit card numbers and passwords are stored in an encrypted form.

Qualified Address Property

All right, title, and interest in and to the Software and Content are and will remain the exclusive property of Qualified Address and its licensors.

External Links

The Company may provide links on the Site to other websites that may or may not be affiliated with, under the control of, or otherwise maintained by the Company. The Company does not control those third parties or their services, and you agree that Qualified Address will not be liable to you in any way for your use of such services. Qualified Address does not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

Hyperlinks to the Site

You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link does not portray Qualified Address or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Qualified Address trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Qualified Address.

General Prohibitions

You agree not to do any of the following: (i) use any Content, including any personally identifiable information included within the Content, in violation of any rights of any third parties, including such rights arising under any applicable privacy policies or agreements; (ii) use any Content in violation of any applicable law or regulation; (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Software or Content; (iv) distribute, modify or copy the Software; (v) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels in the Software; Qualified Address will have the right to investigate and prosecute violations of any of the above. Qualified Address may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOS. You acknowledge that Qualified Address has no obligation to monitor your access to or use of the Site, Software or Content, but has the right to do so for the purpose of providing the Site, Software and Content, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Termination

If you violate any of these TOS, your permission to use the Site, Software and Content will automatically terminate. You agree that fees paid are non-refundable in the event of the termination of your account based on a violation of these TOS.

Refund Policy

Your satisfaction is important to us. You agree that the services provided by the Company are non-refundable. If you are not satisfied with the services performed, you agree to contact the Company’s customer support to express your concerns and receive further assistance.

Recurring Billing

Some products and services offered by Qualified Address will be billed to a credit card automatically. Establishment of these services are contingent upon receipt of initial payment and credit card information. Subsequent payments will be automatically charged to the credit card on file at a given interval - either monthly or annually. This interval is established by the customer. In some cases, payment may be due early in order to allow services to continue. For example, if you purchased 250 API Queries and these API Queries were used before the end of the month or year, your credit card will be charged to allow you to continue to have access to the product. If recurring charges are due early, your subsequent billing dates will be reset based on this date. Recurring billing can be cancelled with seven (7) days notice by contacting customer support. Recurring charges are non-refundable.

Chargebacks

You agree to contact the Company before submitting a chargeback. Chargebacks on Credit Cards for services provided by Qualified Address will be researched and disputed if, in the Company's reasonable opinion, the chargeback is not justified. You acknowledge and agree that if services have been performed by Qualified Address, chargebacks are unlawful. Any chargeback will automatically invoke a $50 administration fee without exception. The following additional fees will also be assessed to the account: $25.00 chargeback fee; $40.00 recovery fee. These fees, along with any disputed charges, will result in a negative balance on your account which must be paid before services on the account can be reactivated. If these fees are not paid within 60 days, address data returned by services that were charged back will be considered the property of the Company. In the event of a chargeback, the Company may need to provide relevant information to a 3rd party for the purposes of recovering the debt or for the pursuit of civil or criminal proceedings.

Use the Software and Content at Your Own Risk

Your access to and use of the Site, Software and Content is at your own risk. Qualified Address will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Software or Content. Qualified Address does not guarantee the accuracy or validity of Content.

License and Trademark Information

Qualified Address, Qualified Address Scrubbing, and Address Entry Validation API are trademarks of Qualified Address.

The Site, Software and Content are Provided "AS-IS"

THE SITE, SOFTWARE AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QUALIFIED ADDRESS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

QUALIFIED ADDRESS MAKES NO WARRANTY THAT THE SITE, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QUALIFIED ADDRESS MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, SOFTWARE, OR CONTENT.

Indemnity

You agree to defend, indemnify, and hold harmless Qualified Address, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of your violation of these TOS.

Limitation of Liability

QUALIFIED ADDRESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SOFTWARE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QUALIFIED ADDRESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Controlling Law and Jurisdiction

These TOS and any action related thereto will be governed by the laws of the State of Utah without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action arising under these Terms of Use or related thereto will be the state and federal courts located in Salt Lake County, Utah, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Questions Regarding this Policy

If you have questions or concerns regarding these TOS, you should contact Qualified Address by emailing Qualified Address and writing "Terms of Use and Service" in the subject line. You may also write Qualified Address at 3214 N University Ave #221, Provo, UT 84604.