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Terms of Use

Last Updated: 11/12/2021

Terms of Use (basic)

The plain English, if your on this site with bad intentions, please leave.  The MountainTop Data site, TopData Search and any other products and services we provide are to be used only for lawful and ethical purposes.  

 

Terms of Use

Description of Service: The “Service” includes (a) the Site, (b) the TopData Search application program interfaces and related materials (the “API” or “APIs”), (c) TopData Search browser-based add-ons, extensions or plug-ins (collectively, “the TopData Search Browser Extensions”), including, but not limited to, contacts, and accounts in connection with the use of your Salesforce account through the Site and (d) all software (“the Software”) (including all software, integrations, and user interfaces made available by MountainTop Data/TopData Search), data (including personally identifiable information – “Personal Data”), reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Data”). Any new features added to or augmenting TopData Search and other Services are also subject to this TOS. All paid plans executed through self-service on the Site and/or separately executed Order Forms (“Order Form”) fall under this TOS unless you have entered into a separately signed Master Subscription Agreement with MountainTop Data/TopData Search (each a “Subscription”).

Contract: You are entering into this Contract with ProspectDB, Inc, DBA MountainTop Data (referred as “MountainTop Data”, “we” and “us”). When you use our Services you agree to ALL of these terms. By using or joining our services you are agreeing to enter into a legally binding contract with MountainTop Data. If you do not agree to this contract do not access or use any of our services.

Services: This Contract applies to MountainTopData.com and other MountainTop Data or TopData Search services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Users” and unregistered users are “Visitors”. This Contract applies to both.
We reserve the right to refuse to do business with any user attempting to use identity masking services. 

Users and Visitors: When you register and join the TopData Search or MountainTop Data Service, you become a User. If you have chosen not to register for our Services, you may access certain features as a visitor.

Change: We may modify this Contract from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

Your Account Obligations: You agree to keep your password a secret. Your account belongs to whoever owns the email used to access the account.
Users are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.

Payment: You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
We don’t guarantee refunds.
If you buy any of our subscriptions, you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Notices and Service Messages: You’re okay with us providing notices to you through our websites, apps, and contact information you’ve provided to us. If the contact information you provide is out of date, you may miss out on important notices. You agree that we will provide notices to you in the following ways: (1) a notice within TopData Search and other Services, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address).

Payment Terms & Cancellation: Subscriptions purchased through the MountainTop Data / TopData Search website are monthly perpetual beyond any minimum required time & must be terminated by the customer. After the first payment is made, activation to TopData Search and other Services/site occurs. These subscriptions will be charged up front or monthly depending on the arrangement.
Yearly Enterprise subscriptions will occur through a direct agreement with MountainTop Data and the client. These terms can vary and will be determined between MountainTop Data and the client. If no agreement is in place, Enterprise subscriptions will follow these stated terms during their annual term.  These subscriptions will be renewed monthly or yearly depending on the arrangement.
If you want to cancel an existing subscription or ad hoc account please email us at [email protected].
We may freeze access to your account if it is suspected of inappropriate actions, if you work for a direct competitor of MountainTop Data, are suspected of using bots or other automated means to access our data, or we detect suspicious activity.  You may share your account with other, but the security of the account is your responsibility.  Sharing an account with others may result in hitting daily limits for searches and views designed to stop bots.   You should never run into any account limits, they are designed only to prevent bot activity which would not be possible for a human to achieve.  We do not disclose limits, but users may request a larger limit and we will review the account and may in some cases adjust your limits.
If we freeze your account and decide not to allow you to access it we will issue a refund for any download credits you have purchased and have not used.  Credits given through promotions or other free credits have no cash value.  Unlimited or Subscription accounts may be eligible for a partial refund depending on the reason for deactivation.  

Renewal Policy: Subscriptions purchased through the MountainTop Data website will automatically renew thirty days from the date of purchase at the then current price for the number of download credits the Client has registered. Payment will be billed to the credit card or banking information on file, or Client will be invoiced, as applicable.

Dispute Resolution: In the unlikely event we end up in a dispute, legal or otherwise, we agree to resolve it in California courts.
For all others, including those who live outside of the United States, you agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or TopData Search and other Services. We both agree that all of these claims can only be litigated in the federal or state courts in Los Angeles county, California, USA, and we each agree to personal jurisdiction in those courts.

General Terms: If a court with authority over this Contract finds any part of it not enforceable, we agree that the court should modify the terms to make that part enforceable while still maintaining its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only.
This Contract (including additional terms that may be provided by us when you engage with a feature of TopData Search and other Services) is the only agreement between us regarding TopData Search and other Services and supersedes all prior agreements for TopData Search and other Services.  If a separate agreement is made between you and MountainTop Data relating to TopData Search or any other services, the terms of that agreement will supersede this agreement where there is conflict.
If we don’t act to enforce a breach of this Contract, that does not mean that MountainTop Data has waived its right to enforce this Contract. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using TopData Search and other Services.
You agree that you may provide us legal notice at the addresses provided in the contact section of mountaintopdata.com or by email with a response confirming receipt to [email protected].


You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use TopData Search and other Services in a professional manner.

You agree that you will not:

  1. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
  2. Create a false identity on TopData Search or other services;
  3.  Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
  4. Create a User profile for anyone other than yourself (a real person);
  5. Use or attempt to use another’s account without their permission;
  6. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape TopData Search and other Services or otherwise copy data from TopData Search and other Services in a way that it is not intended to be used;
  7. Bypass or circumvent any access controls or Service use limits (such as caps on daily viewing limits);
  8. Sell or give data from TopData Search and other services to more than 1 third party without MountainTop Data’s permission;
  9. Use, disclose or distribute any data obtained in violation of this policy;
  10. Disclose information to MountainTop Data that you do not have the consent to disclose (such as confidential information of others (including your employer));
  11. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
  12. Violate the intellectual property or other rights of MountainTop Data, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “MountainTop Data” or “TopData Search” or our logos in any business name, email, or URL without our permission;
  13. Imply or state that you are affiliated with or endorsed by MountainTop Data without our express consent (e.g., representing yourself as an accredited TopData Search reseller or trainer);
  14. Rent, lease, loan, trade, sell/re-sell access to TopData Search and other Services or related data;
  15. Sell, sponsor, or otherwise monetize any Service without our consent;
  16. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our consent;
  17. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  18. Use bots or other automated methods to access TopData Search and other Services, add or download contacts, send or redirect messages;
  19. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of TopData Search and other Services;
  20. Overlaying or otherwise modifying TopData Search and other Services or their appearance;
  21. Access TopData Search and other Services except through the interfaces expressly provided by MountainTop Data, such as its mobile applications, mountaintopdata.com, tds.mountaintopdata.com, etc;
  22. Attempt to defraud MountainTop Data in any way.

 

Complaints Regarding Content: We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties.
If you suspect an issue relating to TopData Search and/or our users please contact us at [email protected]
If you have any questions about this Terms of Use agreement please contact us at [email protected]