BY CHECKING THE "ACCEPT" BOX, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
In laymans terms, if you plan to include any of our data in any product that you plan to sell, either now or in the future, you must purchase the redistributable license. For a more detailed legal description, see below.
The copyright in this data ("the Data") is owned by Zip-Codes.com ("the Owner"). You may not load the Data into any computer or copy it without the license of the Owner. The Owner offers you a non-exclusive license on the terms of this Agreement.
You are permitted to:
Provided that you have purchased a Redistribution License, distribute the Data (without royalty) as part of a distinct application;
You are not permitted:
To sell the data in whole or in part and market or sell it as a "ZIP code database" or any other similar designation. This restriction includes any manner that competes with our Zip-Codes.com data sales or website. Redistributions in text, original forms or other unprotected formats are prohibited. Encryption or data scrambling is required.
You shall be deemed to have accepted the terms of this Agreement by downloading the Data from our servers.
A "User", as described on our website, is defined as an employee or contractor of the company that downloads our data to, or is given access to, our data for any purpose whatsoever. Each "Virtual Machine" that the data is used on also constitutes a single User. A virtual machine is a software computer that, like a physical computer, runs an operating system and applications. The virtual machine is comprised of a set of specification and configuration files and is backed by the physical resources of a host.
This license is effective for one year upon purchase and is renewable each year with the repurchase of the redistribution version. It will also terminate if you fail to abide by this Agreement.
The Owner shall at all times retain ownership of the Data. This Agreement applies to the grant of the license only
and not to the contract of sale of the Data.
Disclaimer Of Warranties
You expressly understand and agree that:
Your use of The Service and The Product are at your sole risk. The Data / Product is provided on an "As Is"
and "As Available" basis. Zip-Codes.com expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose
Zip-Codes.com makes no warranty that:
(1) The Data /Product will meet your requirements,
(2) The Data /Product will be uninterrupted or timely,
(3) The quality of any products, services, information, or other material obtained by you through The Data /Product will meet your expectations, and
No advice or information, whether oral or written, obtained by you from Zip-Codes.com or through or from Zip-Codes.com shall create any warranty not expressly stated in the Terms of Service.
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIP-CODES.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Zip-Codes.com or its affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of data, loss of profits, business interruption, litigation or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability or otherwise, arising out of or in any way connected with the use or performance of other sites, with the delay or inability to use other sites, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on other sites, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Zip-Codes.com and its affiliates from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to your violation of this Service.
Changes to Sites
Zip-Codes.com may change or modify the information, services, products, materials, and any other resources contained on or accessible through their sites, or discontinue their sites altogether, at any time without notice. If Zip-Codes.com discontinues its service for any reason, it will refund any prorated portion of the database cost not already used by the customer.
Governing Law; Consent to Jurisdiction. This Agreement shall be governed by the laws of the State of New York. Each party consents to the jurisdiction of the Federal and New York State courts sitting in Dutchess County, New York (and the appellate courts to which judgments of such Federal and State courts may be appealed), and agrees to commence any litigation hereunder in one of those courts.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.