Description of Services

Fuchsia Media provides data enhancement, analytics, and marketing solutions to businesses. Our services include:

• Consumer and household demographic data
• Data enhancement and appending services
• Marketing analytics and insights
• Custom data modeling and segmentation
• Direct marketing list services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

User Eligibility

Our services are intended for businesses and organizations that have legitimate commercial purposes for data usage. By using our services, you represent and warrant that:

• You are at least 18 years of age
• You have the authority to bind your organization to these Terms
• You will use our services only for lawful business purposes
• You have implemented appropriate data security measures

Data Usage and Licensing

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the data and services we provide solely for your internal business purposes.

Data Restrictions

You agree that you will not:

• Resell, redistribute, or sublicense our data to third parties
• Use our data to create competing data products or services
• Reverse engineer or attempt to derive our data sources or methodologies
• Combine our data with other data to re-identify individuals without consent
• Store our data beyond the agreed retention period

Data Security

You must implement and maintain appropriate technical and organizational measures to protect our data from unauthorized access, disclosure, alteration, or destruction. This includes encryption, access controls, and regular security audits.

Prohibited Uses

You are expressly prohibited from using our services or data for:

• Discriminatory practices based on protected characteristics
• Stalking, harassment, or threatening behavior
• Identity theft or fraud
• Debt collection without proper licensing
• Employment screening without FCRA compliance
• Insurance underwriting without regulatory approval
• Credit decisions without FCRA compliance
• Any illegal or unethical purposes
• Marketing to individuals who have opted out
• Targeting minors under 18 for marketing purposes

Legal Compliance

You agree to comply with all applicable laws and regulations in your use of our services, including but not limited to:

• Fair Credit Reporting Act (FCRA)
• CAN-SPAM Act
• Telephone Consumer Protection Act (TCPA)
• California Consumer Privacy Act (CCPA)
• Virginia Consumer Data Protection Act (VCDPA)
• Colorado Privacy Act (CPA)
• Connecticut Data Privacy Act (CTDPA)
• Utah Consumer Privacy Act (UCPA)
• General Data Protection Regulation (GDPR) if applicable
• State and federal anti-discrimination laws

You are solely responsible for ensuring your use of our services complies with all applicable laws in your jurisdiction.

Data Accuracy & Limitations

While we strive to provide accurate and up-to-date information, we make no warranties about the accuracy, completeness, or reliability of our data. Data may become outdated, and individuals may move or change their information.

You acknowledge that:

• Our data is provided "as is" without warranty
• Data accuracy rates may vary by data element and geographic region
• You should validate critical information independently
• We are not liable for decisions made based solely on our data

Intellectual Property

All intellectual property rights in our services, including our proprietary data compilations, algorithms, software, and documentation, remain our exclusive property or that of our licensors.

You may not copy, modify, distribute, sell, or lease any part of our services without our express written permission. Any unauthorized use may result in termination of your access and legal action.

Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUCHSIA MEDIA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Fuchsia Media, LLC and its officers, directors, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any third-party claims related to your use of our data
• Your negligence or willful misconduct

Termination

We may terminate or suspend your access to our services at any time, with or without cause or notice, including if we believe you have violated these Terms.

Upon termination:

• Your right to access our services immediately ceases
• You must cease all use of our data and services
• You must destroy or return all our data in your possession
• Outstanding payment obligations remain in effect
• Provisions regarding indemnification and limitation of liability survive

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Lee County, Florida.

You waive any right to a jury trial or to participate in a class action lawsuit related to these Terms.

Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our website and may be communicated via email to registered users.

Your continued use of our services after any modifications constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue using our services.

For questions about these Terms, please contact us at: legal@fuchsiamedia.com