Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the BlueEmber Marketing website (blueembermarketing.com) and your engagement of our services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

"BlueEmber Marketing," "BlueEmber," "we," "us," and "our" refer to BlueEmber Marketing, a business operated by Larry Brown, located in Rochester, New York.

Services Description

BlueEmber Marketing provides custom B2B prospect list development services, including but not limited to:

• Custom contact and company list research and verification
• Email and phone number appends
• Strategic prospect intelligence (SynergyIQ)
• Client database cleanup and reactivation
• Reverse-engineered targeting and ideal customer profile analysis

All services are performed on a project-by-project basis. There are no long-term contracts or recurring commitments unless explicitly agreed to in writing.

Project Engagement

Quotes and Pricing

Pricing for our services is published on our website and is subject to change. Custom pricing may apply for specialized projects. A formal quote or scope of work will be provided before any project begins. No work commences until both parties have agreed to the scope, pricing, and timeline.

Payment Terms

Payment terms are established on a per-project basis and will be outlined in your project agreement or invoice. Unless otherwise agreed in writing, payment is due upon delivery of the completed project. BlueEmber reserves the right to withhold delivery of project files until payment is received.

Project Initiation

Every project begins with a discovery conversation to ensure we understand your requirements. Before work begins:

• A mutual Non-Disclosure Agreement (NDA) will be executed if client data is being shared
• Project scope, pricing, timeline, and deliverables will be confirmed in writing
• Client will provide any necessary inputs (targeting criteria, existing databases for deduplication, etc.)

Confidentiality and Non-Disclosure

We take confidentiality seriously. When clients share proprietary data with us (including existing contact databases, customer lists, or strategic information):

• A mutual NDA is executed prior to any data exchange
• Client data is used exclusively for the agreed-upon project scope
• Client data is never shared with third parties or used for any other purpose
• Client data is never used to benefit other clients
• Data is securely handled and deleted upon project completion, unless the client requests otherwise

The specific terms of confidentiality are governed by the NDA between BlueEmber and each client, which takes precedence over these general Terms where there is a conflict.

Deliverables and Quality

Accuracy

We strive for the highest possible data accuracy. Our lists are hand-researched and verified by our US-based team. While we typically benchmark at 95%+ contact accuracy, we cannot guarantee 100% accuracy due to the dynamic nature of business contact information (job changes, company changes, etc.).

Replacement Guarantee

BlueEmber offers a 3-month replacement guarantee on delivered contacts. During this period:

• Bounced email addresses will be replaced at no charge
• Incorrect phone numbers will be replaced at no charge
• Contacts confirmed to have changed employment within the guarantee period will be replaced at no charge

To request replacements, the client must notify BlueEmber of the specific contacts requiring replacement within the 3-month guarantee period. Replacements will be provided within a reasonable timeframe.

Deduplication

When a client provides their existing database for deduplication, BlueEmber guarantees 100% deduplication of delivered contacts against the provided database. The client is responsible for providing a complete and current database for this purpose. BlueEmber is not liable for duplicates resulting from an incomplete or outdated database provided by the client.

Delivery Format

Deliverables are provided in CSV or Excel format unless otherwise agreed. Files are delivered via secure digital transfer.

Intellectual Property

Delivered Work Product

Upon full payment, the client receives full ownership of the delivered contact lists, intelligence reports, and associated data files. BlueEmber retains no rights to the delivered work product and will not resell, reuse, or redistribute delivered data.

BlueEmber Intellectual Property

BlueEmber retains all rights to its proprietary methodologies, processes, tools, templates, and know-how used in the delivery of services. The client does not acquire any rights to BlueEmber's internal processes by engaging our services.

Website Content

All content on the BlueEmber Marketing website, including text, graphics, logos, and design elements, is the property of BlueEmber Marketing and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without written permission.

Limitation of Liability

To the maximum extent permitted by applicable law:

• BlueEmber's total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific project giving rise to the claim
• BlueEmber shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or lost business opportunities
• BlueEmber shall not be liable for any actions taken by the client based on the data or intelligence provided, including the outcomes of outreach campaigns, sales activities, or business decisions
• BlueEmber does not guarantee any specific business results, response rates, conversion rates, or revenue outcomes from the use of our deliverables

Client Responsibilities

When engaging our services, the client agrees to:

• Provide accurate and complete project requirements
• Provide a current and complete database for deduplication purposes (if applicable)
• Use delivered data in compliance with all applicable laws, including CAN-SPAM, GDPR (if contacting EU prospects), and other relevant regulations
• Not resell, redistribute, or share delivered data with third parties without written consent from BlueEmber
• Make timely payments as agreed
• Communicate any issues or concerns promptly

Use of Website

You agree to use our website only for lawful purposes. You may not:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the website or its systems
• Use automated tools to scrape, harvest, or extract data from the website
• Submit false or misleading information through our forms
• Interfere with the proper functioning of the website

Disclaimer of Warranties

Our website is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

With respect to our services, we warrant that we will perform our work in a professional and workmanlike manner consistent with industry standards. Beyond the explicit guarantees described in the "Deliverables and Quality" section above, no additional warranties are made.

Indemnification

You agree to indemnify and hold harmless BlueEmber Marketing, its owner, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of our website, your engagement of our services, your use of delivered data, or your violation of these Terms.

Termination

Either party may terminate a project engagement with written notice. In the event of termination:

• The client is responsible for payment for all work completed up to the date of termination
• BlueEmber will deliver any completed work product upon receipt of payment for work performed
• All confidentiality obligations survive termination

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the courts of Monroe County, New York.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.

Contact Us

If you have questions about these Terms, please contact us:

BlueEmber Marketing
Billing/Mailing Address
2604 Elmwood Ave. #251
Rochester, NY 14618
Email: info@blueembermarketing.com
Phone: (585) 312-3086