Website Visitor Intelligence Terms Of Use

Terms Of Use

By using our site and services, you accept these terms.

These terms and conditions of use (“Terms of Use”) govern your use of our website and related services (collectively, the “Site” or the “Services”) which are owned and controlled by Internet Marketing Expert Group, Inc., d/b/a Website Visitor Intelligence (“WVI”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.

Scope of these Terms of Use

WVI provides Services to owners of third-party websites (“Third-Party Sites”) that identify email addresses and other contact information of anonymous visitors to the Third-Party Sites. These Terms of Use govern general visitors to our Site, as well as Third-Party Site owners (“Site Owners”) that purchase or otherwise use our Services. “You” refers to both general visitors to our Site and to Site Owners.

Ownership of the Site

All pages within this Site (including the Services) and any material made available for download are the property of WVI, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by WVI. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of WVI without our express written consent.

Permitted Uses

Each Site Owner may use the WVI Services to obtain email addresses of unidentified visitors to the Site Owner’s sites. Site Owner may use the Services only in compliance with all applicable laws and Data & Marketing Association (DMA) guidelines and may not use or permit the Services to be used (i) in violation of any applicable laws, statutes, rules, or regulations including all applicable privacy, “do not call,” “do not mail,” and similar “do not solicit” country, federal, state, county, and local regulations; (ii) for the propagation of worms, viruses, or other malware; or (iii) to violate the rights of others (including without limitation privacy rights). WVI reserves the right to suspend the Services (or a portion thereof) without notice in the event the Site Owner’s use of the Services is in violation of this section, and to terminate this agreement for repeated violations of this section.

Site Owner may place code (a “Pixel Tag”) on Site Owner’s Third-Party Site that is used to gather relevant information about the visitor to the site (a “Visitor”) to assist Site Owner in reaching its customers and intended audiences. WVI grants Site Owner a nontransferable, non-exclusive license to the data received from the use of the WVI Services (“Licensed Data”). Site Owner may use the Licensed Data only for marketing and management purposes and may not transfer possession, right, or title of or to such data to any third parties for any other purpose whatsoever.

Site Owner must maintain on its Site(s), mobile applications, or other digital platforms or assets of Site Owner a privacy policy that, along with complying with all applicable laws, specifically informs Visitors of the placement of Pixel Tags, the data collected and obtained through the Pixel Tags, and informs Visitors of the intended use of the collected data. Additionally, in jurisdictions that require informed consent for the storing and accessing of cookies or other information on an end user’s device (such as the European Union), Site Owner must ensure, in a verifiable manner, that an end user provides the necessary consent before using Pixel Tags to enable us to store and access cookies or other information on the end user’s device. Site Owner must provide Visitors a link to Site Owner’s privacy policy and the opportunity for Visitors to “opt out” or disable Pixel Tags. Site Owner may post Pixel Tags only on Sites owned by Site Owner and may not deploy Pixel Tags on any website primarily engaged in pornography, gambling, or sale of tobacco products.

Site Owner represents and warrants that it has in place and shall undertake the following in connection with this agreement:

A. Notice and Choice. Site Owner must obtain any permissions required to employ the Pixel Tags, and must post and maintain a robust and sufficiently prominent privacy policy that is consistent with its use of the Pixel Tags, complies with applicable law, and prominently discloses at a minimum (a) the Site Owner’s use of the Pixel Tags, including with respect to the collection, use and disclosure of non-personally identifiable information and personally identifiable information, data from cookies, and similar practices; (b) use of the Pixel Tags and cookie data for purposes of obtaining the email address and potentially other demographic and personal information about the Visitor; and (c) the Visitor’s ability to choose to opt out of information being collected by the Pixel Tags.

B. Mandatory Site Owner Privacy Policy Language. In particular, in addition to and without limiting Site Owner’s obligation to post a privacy policy on its site in compliance with all applicable laws, Site Owner must include in its privacy policy the following (or alternative, equally protective) language on all websites deploying the Pixel Tags:

Third-Party Pixels and Cookies

Notwithstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read, or use cookies that collect information from your device and/or Internet browser. These cookies do not collect personally identifiable information; however, it may be possible for our third-party business partners to combine the cookie information with other information to identify your email address or other information about you. For example, the cookies may reflect de-identified demographic or other data linked to data you have voluntarily submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. Visitors may also express their choices for display advertising, through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform.

We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers’ websites and send personalized emails based on the visitors’ browsing experience.

We and/or our partners use cookies, pixels, and other tracking technology to associate certain Internet-related information about you, such as your Internet Protocol address and what web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners.

Pixel Services: In addition to Site Owner obligations and use restrictions hereunder, the terms in this Section apply to the Pixel Services. Site Owner will place code (a “Pixel Tag”) on Site Owner’s or Site Owner’s clients’ websites (“Site”) that is used to gather relevant information about the visitor to the Site (each a “User”) to assist Site Owner and Site Owner’s customers in reaching their respective customers and their intended audiences. Site Owner will fire the Pixel Tag when it wishes to receive information about the User from WVI. When WVI detects the Pixel Tag has been fired, WVI will attempt to identify the User who visited the Site, and, if it can identify the User, WVI will send information about the User (“User Data”) to Site Owner as a part of the Services. WVI may use data observed by the Pixel Tag to improve WVI’s products and services. All technology used in the Pixel Tag and all User Data provided by WVI shall remain the exclusive property of WVI. Each party gives the other permission to use its proprietary material solely pursuant to the licenses set forth herein.

WVI hereby grants to Site Owner a nontransferable (except as may be sublicensed to Clients), non-exclusive license to the data received from the use of the Pixel Services (“Licensed Data”). Site Owner and Clients shall use the Licensed Data for marketing and management purposes only and shall not transfer possession, right or title of or to such data to its clients or any third parties for any other purpose whatsoever. Site Owner shall not, and shall cause Clients to not, use or permit the use of the Licensed Data: (i) in violation of any applicable laws, statutes, rules or regulations including, but not limited to, all applicable “do not call,” “do not mail,” Direct Marketing Association guidelines, and similar do not solicit federal, state, county and local regulations; (ii) to violate the rights of others (including without limitation privacy rights); or (iii) in the development of any data products or services to be provided to third parties including, without limitation, any list enhancement or data appending service or product. If Site Owner receives consumer “lifestyle” data with the Licensed Data, such lifestyle data shall not be used in connection with any telemarketing activities. WVI reserves the right to suspend the Services (or a portion thereof) without notice in the event the Site Owner’s use of the Pixel Services is in violation of this section, and to terminate this Agreement for repeated violations of this section.

Site Owner shall, throughout the term of this Agreement, maintain on its Site(s), mobile applications or other digital platforms or assets of Site Owner, a privacy policy which, along with complying with all Laws (as defined below), specifically inform Users of the placement of Pixel Tags, and inform Users of the intended use of the data obtained therefrom, all as contemplated by this Agreement. Site Owner shall, at all times, comply with all data and privacy laws applicable to the obligations and use terms set forth in this Agreement including, without limitation, providing Users a link to Site Owner’s privacy policy and the opportunity for Users to “opt out” or disable Pixel Tags. Site Owner shall only post Pixel Tags on Sites owned by Site Owner or Site Owner’s clients and, in any event, products. Site Owner may only use User Data as set forth in this Agreement.

Site Owner and its services providers shall use industry-standard security measures, compliant with all applicable Laws to protect the User Data from unauthorized access, disclosure, use, modification, destruction and/or loss during storage or transmission, and from unauthorized storage, re-identification or association with personally identifiable information. In the event of any suspected incident involving User Data that could result in the compromise of the protections described above, Site Owner shall promptly notify WVI and provide all available information, and shall cooperate with WVI’s reasonable requests in connection with investigating and remediating any such incident. As used in the Section, “Laws” shall mean any federal, state, local, foreign or supra-national laws, regulations, rules, directives, ordinances, orders and judgements, including, without limitation, all Federal Trade Commission rules, regulations and staff reports, as well as (to the extent applicable) the EU Data Protection Directive (Directive 95/46/EC), any rules promulgated thereunder, and any self-regulatory guidelines relating to digital advertising. Behavioral targeting, privacy or data security promulgated from time to time by the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”).

The uses set forth in this Section, as well as the placement of Pixel Tags, may be undertaken by third parties such as Site Owner’s suppliers or data partners. Site Owner shall remain liable to WVI for all actions undertaken by such suppliers and/or data partners. Site Owner, or service providers, may facilitate the Services on behalf of a client, provided, however, that Site Owner’s clients shall, at no time, possess the User Data. Site Owner shall be liable to WVI for any use of the Services or User Data by service providers that is not authorized by this Agreement.

Site Owner may use the User Data to provide marketing services to their customers, Including triggering email advertisements to Users’ email addresses. Site Owner shall not send emails to Users who have “opted out” of receiving email ads. Site Owner may not sell, license or otherwise transfer or make available the User Data to any third party except to third parties who are acting as service providers to Site Owner and are using the User Data solely on behalf of Site Owner.

If User Data includes email addresses, Site Owner acknowledges that if Site Owner will be emailing marketing solicitations regarding products prohibited by law to be advertised to or used by minors, applicable law may require suppression processing to be run against Site Owner’s files in order to suppress all email addresses accessible to minors from such marketing solicitations. Site Owner warrants that Site Owner will apply such suppression processing as required by law prior to utilizing email address data provided herein. Site Owner will indemnify and hold WVI, its agents and employees harmless from and against any claim, action or liability (including damages, costs, expenses and reasonable attorneys’ fees), that may arise against WVI as a result of Site Owner’s failure to comply with the foregoing requirement.

Site Owner represents and warrants that it has in place and shall undertake the following in connection with the Agreement:

i. Notice and Choice. Site Owner shall obtain any permissions required to employ the Pixel Tags, and shall post and maintain a privacy policy that is consistent with its use of the Pixel Tags, complies with applicable law, and prominently discloses (a) the Site Owner’s use of Pixel Tags, including with respect to the collection, use and disclosure of non-personally identifiable information and personally identifiable information, data cookies, and similar matters; and (b) the consumer’s ability to choose to opt out.

ii. In particular, Site Owner shall place into its privacy policy the following (or alternative, equally protective) language on all websites deploying the Pixel Tags:

“Third Party Cookies”

Notwithstanding anything else in this policy, we and/or our partners may place, read or use cookies to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. Users can also express their choices for display advertising through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform.

We and/or our partners use cookies and web beacon technology to associate certain Internet-related information about you, such as your Internet Protocol Address and what web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners.”

CAN-SPAM Compliance Information Form (From ftc.gov)

Do not use false or misleading header information
- Must be accurate and identify the person or business who initiated the message
Do not use deceptive subject lines
- The subject line must accurately reflect the content of the message
Identify the message as an advertisement
- You must disclose in the body of the email or in the subject line that this is an advertisement
Tell recipients where you are located
- All messages must include a physical address to represent the business
Tell recipients how to opt-out of receiving future emails from you
- Messages must include a clear and conspicuous explanation of how to opt-out of getting emails from you in the future. Give a return email address or an easy internet-based link to opt-out of future emails.
Honor opt-out requests promptly
- You must honor a request to opt-out within 10 business days of the request. You may not charge a fee or require any personal information from the client to opt-out.
Monitor what others are doing on your behalf
- If you hire a 3rd party to handle your marketing it is your responsibility to ensure that they send a message with all of the proper information.

Prohibited Uses

The Site or any related Services may not be used to send emails in violation of the laws of the United States of America, including those described below.

The Site or any related Services may not be used to send commercial email messages, as that term is defined by 15 U.S. Code § 7702, that would reasonably be prohibited by 15 U.S. Code § 7704. (Elements of the “CAN SPAM” Act.) This includes emails directed to persons who have elected to opt out of the receipt of such emails, even if in the past they were eligible to receive such emails.
The Site or any related Services may not be used to send emails to persons not reasonably believed to be at least 18 years old.
The Site or any related Services may not be used to send emails containing pornography, erotica, or similar adult-oriented materials.

Requirements of Use

If a Site Owner sends email to contacts acquired via the Site, such email must contain information regarding, and a link to, an unsubscribe option by which the recipient can indicate that they no longer wish to receive such emails (“Opt Out Request”). Site Owner must have a reliable procedure in place to process and implement Opt Out Requests promptly.

Site Owner must comply with all applicable law and regulation, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq,) COPPA (15 U.S.C. § 6501 et seq,) and all other applicable Federal and State laws.

Personal Information

Site Owner is responsible for all personal information (information about an individual) that Site Owner uses to create or transmit the emails, including any provided to us to allow their creation and/or transmission. By using the Services, Site Owner represents and warrants that the collection, retention, and use of such personal information is in compliance with all applicable laws and regulations.

We will not retain any personal information after the emails have been transmitted, except as necessary and/or legally required to document our own compliance with the Terms of Use and/or any applicable laws and regulations. If Site Owner provides personal information to us in violation of any agreement or applicable law or regulation, Site Owner agree to indemnify and hold us harmless from any claim related to such personal information, including the costs of responding to such claim and/or the costs of suit, fine, or other sanction.

Emails, Content, Reviews, Feedback, and other Postings to the Site

If you submit, upload, post, or send any emails, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Content”), you agree not to provide any User Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to WVI that you have the legal right and authorization to provide all User Content to WVI for the purposes and WVI’s use as set forth in these Terms of Use. You grant WVI a royalty-free, irrevocable, transferable right and license to use the User Content in whatever manner WVI desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world. WVI is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to you any compensation for any User Content; or (3) to respond to any User Content.

WVI does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant WVI the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are and will remain solely responsible for the content of any User Content you make. WVI and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any Third-Party.

You agree to defend, indemnify and hold WVI harmless from and against all Third-Party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by WVI arising out of any User Content you post or allow to be posted to the Site.

Electronic Communications

You agree to receive electronically all communications, documents, notices, and disclosures (collectively, “Communications”) that WVI provides (by email, posting on the Site, or otherwise) in connection with the Site and Services. It is your responsibility to keep your primary email address up to date so that WVI can communicate with you electronically, and to periodically check the Site for updates and notifications. You agree that agreements between you and WVI may be entered into electronically and signed electronically in accordance with applicable laws.

Site Access, Security and Restrictions, Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. WVI will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion of it is limited, requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by WVI. You agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by WVI at any time with or without cause. You agree to defend, indemnify, and hold WVI harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by WVI arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

Accuracy and Integrity of Information

Although WVI attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content on it. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform WVI so that it can be corrected. WVI reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, WVI has no responsibility or liability for information or Content posted to the Site from any non-WVI affiliated third party.

Links to Other Sites

WVI makes no representations whatsoever about Third-Party Sites or any website that you may access through this Site. When you access a non-WVI website, please understand that it is independent from WVI, and that WVI has no control over the content on that website. In addition, a link to a non-WVI website does not mean that WVI endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, malware, and other items of a destructive nature. If you decide to access any of the Third-Party websites linked to this Site, you do this entirely at your own risk.

Disclaimer of Warranties

WVI does not warrant that access to or use of the Site (including the Services) will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. WVI does not warrant the accuracy, completeness or timeliness of the information obtained through the Site (including the Services).

You assume total responsibility and risk for your use of this Site, site-related services, and linked websites. WVI does not warrant that files available for download will be free of viruses, worms, trojan horses, malware, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Limitation of Liability Regarding Use of Site

WVI and its suppliers and licensors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, site-related services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, site-related services, and/or linked websites is to stop using the Site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of WVI to you with respect to your use of this site is $500.

Dispute Resolution

In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in and for Sevierville, Tennessee in accordance with Tennessee law.

Revisions; General

WVI reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. If any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between WVI and you pertaining to their subject matter. In its sole discretion, WVI may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use will constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Fees, Refunds, Account Suspensions, Cancellations

You agree to the following. WVI reserves the right to change fees at any time by posting the updated fee structure to our Website and/or sending you a notification via email.

Should a use violate any terms of this agreement, we reserve the right to cancel accounts or restrict access to accounts without refund.
If we are unable to process your payment, we will attempt to contact you via electronic mail and will suspend account usage until payment can be processed.
For prepaid, pay-as-you-go accounts, credits roll over and do not expire. If you do not log in to your account at least once in a 12-month period, however, your account (and all contents) may be deleted permanently from our system.
We do not provide refunds to any account that is suspended or terminated for compliance reasons.
If an account is not self-cancelled via the WVI interface, account cancellation requests MUST be sent to support@websitevisitorintelligence.com to be processed. Voice mails are NOT valid account cancellation requests. If you do not submit your cancellation request to us in writing, we are not obligated to provide a refund to you for prior unused time.
Certain plans involve monthly payments; these charges persist regardless of whether your subscription is on or off or if you are actively collecting contacts.
Monthly plans include overage fees. If you opt to enable overages, you will periodically be billed for those overages once you reach a specific dollar amount in overages, not to exceed one overage charge per day
To stop monthly payments, an account MUST be canceled via the WVI interface
All refunds are at our sole discretion
If a request for refund is made, our billing team will review each request on a case-by-case basis, within 30 days.
Refunds are not provided for non-use. That means if you pay for WVI, but do not log in, turn off your script, or do not collect contacts for any period of time, you are not guaranteed a refund.

Data

WVI identifies and delivers contact records for visitors to your website using a code snippet.

Data accuracy is not 100% and a bounce rate of up to 2% may occur, given the nature of the way data refreshes over time. A minority of the data may contain errors.
We may consider, at our own discretion, account credit for bounce rates over the 2% threshold. In these cases, the customer must provide evidence of the email addresses sent to, overall bounce rate, and the bounce code returned by the server.

Suppression lists loaded as a CSV file are converted into encoded MD5s for security reasons. We do not use, share, or resell this data for any purpose other than to prevent users from collecting and paying for contacts they already have.