1. Introduction
These terms are part of the contract to which they are attached (the “Agreement”) and apply to your use of any data provided by VisitorsList, a Spokesly Inc. company, or its parent, branches, affiliated companies or subsidiaries (together, “VisitorsList”), including the attendee and exhibitor contacts it builds from trade shows and events (the “Data”). This Data Replacement Warranty (the “Warranty”) explains the warranty that applies to the Data, with a choice of replacement or refund. By accessing or using the Data, you agree to be bound by these terms and by our Terms of Service.
Want to know how we build and check our records? See our Data Quality Methodology and how often we update event data.
2. Replacement warranty
VisitorsList offers a replacement warranty for its products and services. If you identify data quality issues within 30 days of delivery, you may request a replacement or a refund, provided the affected share of your contact volume is 15% or more (see Section 3). The choice is yours: when you make a claim, you tell us which remedy you want, and once the claim is approved VisitorsList will provide it for the affected records.
| Your choice | What you receive |
|---|---|
| Replacement | New records to take the place of each affected record, delivered within the scope of your contract. |
| Refund | Money back for the affected records only. We divide the fees you paid for the order by the total contacts delivered to get a price per contact, then multiply that by the number of affected records. The refund goes to your original method of payment. |
You may choose only one remedy for the same affected records, and the remedy covers the affected records only, not the whole order. Because fees are otherwise nonrefundable (see Section 11), a refund is available only through an approved claim under this Warranty.
3. Eligibility
To qualify, one of the following must apply:
| Ground | What it means |
|---|---|
| Hard bounce rate | The hard bounce rate is 15% or more of the total contact volume as per the contract. Put another way, 85% or fewer of the delivered contacts were deliverable. The hard-bounced records are the affected records. |
| Other evidence | VisitorsList may also consider other reasonable and verifiable evidence of data inaccuracy, such as an order falling outside your specified requested criteria (for example, the wrong industry, job title or region). Records that fall outside your criteria are the affected records. |
A hard bounce is a permanent delivery failure, such as a mailbox that does not exist or a domain that cannot receive mail.
4. Worked example
5. How to claim
- Email [email protected] within 30 days of delivery, or reach us through our Contact Us page.
- Give your order details, the list name and the total contact volume.
- Tell us which remedy you want: replacement records or a refund.
- Attach the bounce report from your sending platform showing the hard bounces.
- If the issue is about criteria, attach examples of records falling outside your specified requirements.
- VisitorsList reviews the evidence and confirms the outcome by email.
6. Exclusions
- Requests made more than 30 days after delivery.
- Bounce rates below 15% of the total contact volume, unless other reasonable and verifiable evidence of inaccuracy is provided.
- Data used outside the Limited License or in breach of the Agreement or applicable Laws.
- Fees already charged, which are nonrefundable except for a refund approved under Section 2 or as stated in Section 11.
VisitorsList determines eligibility in its sole discretion, acting reasonably on the evidence provided.
7. Limited license
Once you sign the Agreement and pay all amounts due, you receive a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes. If no usage period is selected, the license lasts one (1) year. When the Agreement expires or ends, you must stop using the Data and, if VisitorsList asks, either return it with no copies kept or provide a signed certificate that it has been destroyed so as to be permanently unreadable and unrecoverable.
8. Limitations on use
- You will not share, sell, transfer or otherwise make the Data available to any third person or entity without a written agreement signed by VisitorsList.
- You will not use the Data for consumer credit, consumer insurance underwriting, employment or tenant screening, or any purpose covered by the Fair Credit Reporting Act.
- You will not name VisitorsList in your advertisements or promotional materials.
- You will not scrape, reverse engineer, decompile or disassemble any portion of the Data or the site, or use it in a commercial service bureau environment.
9. Your responsibilities
Your use of the Data, including email Data, must comply with all applicable Laws, including the U.S. CAN-SPAM Act of 2003, the Canadian Anti-Spam Legislation, COPPA, State Registry laws, and the guidelines of the Direct Marketing Association (DMA). If you are not a DMA member, you will use your best efforts to follow its guidelines. The warranty does not shift these responsibilities to VisitorsList.
For practical guidance, see our CASL guide, GDPR compliance overview and CCPA best practices.
10. Review and audit
VisitorsList may review your use of the Data. On at least 3 days’ notice, it may audit your records to confirm compliance, and you will make the records needed for the audit available. A failure to review does not waive any of VisitorsList’s rights.
11. Fees and billing
Fees charged are nonrefundable, except for a refund approved under the Warranty in Section 2 and the pro rata refund described below. Subscriptions renew automatically for the agreed renewal period at the then-current price, and you authorize recurring charges to the card you provide. Keep your billing details accurate and update them within thirty (30) days of any change. Late payments incur a service charge of $49.00 a month, plus actual costs of collection or mediation. If VisitorsList ends the Agreement for a reason other than your misconduct or breach, and you prepaid for Data, it will recompense you pro rata for the prepaid amount.
12. Interruption of service
Given the technical nature of delivering Data, temporary interruptions may occur. VisitorsList uses reasonable commercial efforts to provide services 24/7, but interruptions do not create liability, suspend your payment obligations or give you refund rights for amounts already paid.
13. Liability and indemnity
VisitorsList is not liable for any claim, loss, damage or expense, whether direct, special, incidental or consequential, caused in whole or in part by any use of the Data, whether or not it was foreseeable. You will indemnify, defend and hold harmless VisitorsList, its stockholders, directors, officers, employees, independent contractors and agents against any claim, loss or expense arising from your act or omission with respect to the Data, your breach of the Agreement or your violation of Laws. VisitorsList may also seek equitable relief.
14. Governing law; changes to terms
The Agreement is governed by the laws of the State of California. Disputes must be brought only in the state or federal courts in Santa Clara County, California, and the prevailing party recovers its legal expenses. VisitorsList may change these terms by posting changes on the site; changes bind you only after notice on the site or by email and your first use of the Data after that date, and any new fee applies only if you expressly agree.
15. Notices
Send notices and claims to [email protected]. Notices to you go to the most recent email address on file. These terms, with the Terms of Service and Privacy Policy, are the entire agreement on this subject.
Last updated: November 3, 2026