1. Acceptance of Terms
These Terms form a binding agreement between Mixed Media Ventures, LLC, a Nevada limited liability company doing business as DemandReady Data (“DemandReady Data,” “we,” “us,” or “our”) and the person or entity accessing our website or Services (“Customer,” “you,” or “your”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity. If a separate signed Order Form, Master Services Agreement, or similar written agreement between you and DemandReady Data conflicts with these Terms, that separate agreement controls to the extent of the conflict.
2. The Services
DemandReady Data provides search-intent data and audience licensing services, which may include identifying consumers or businesses showing intent signals relevant to a Customer's product or service and enabling activation of that audience across one or more marketing channels (email, direct mail, connected TV, audio, out-of-home, and similar) as specified in the applicable Order (collectively, the “Services”). The specific data fields, volumes, channels, delivery cadence, and any associated application or platform access included in the Services will be set out in the applicable Order Form.
3. Accounts & Orders
Certain Services may require you to register for an account or execute an Order Form. You are responsible for maintaining the confidentiality of any login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to keep it up to date.
4. Acceptable Use & Data License Restrictions
Data licensed through the Services is provided for your own internal marketing and sales use only, subject to the applicable Order. Except as expressly permitted in writing, you agree not to:
- Resell, sublicense, rent, lease, or otherwise make the licensed data available to any third party, including through a data co-op, exchange, or aggregation product;
- Attempt to re-identify, de-anonymize, or match pseudonymized/hashed records to other datasets beyond the purpose of the applicable campaign;
- Use the data to make eligibility decisions regarding credit, employment, insurance, housing, or healthcare, or for any other purpose restricted under applicable law;
- Use the Services in violation of applicable law, including the CAN-SPAM Act, TCPA, CCPA/CPRA, or other applicable marketing and privacy laws;
- Reverse engineer, scrape, or attempt to extract the underlying data supply or methodology behind the Services;
- Interfere with or disrupt the integrity or performance of the Services or any associated systems.
We reserve the right to suspend access to the Services for any Customer we reasonably believe is in breach of this Section.
5. Fees & Payment
Fees for the Services will be set out in the applicable Order Form and are due as specified there. Unless otherwise stated, fees are non-refundable, exclusive of applicable taxes (which you are responsible for, excluding taxes on our net income), and quoted in U.S. dollars. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend Services for accounts more than 30 days past due.
6. Intellectual Property
DemandReady Data retains all right, title, and interest in and to the Services, our underlying methodology, models, software, and this website, including all associated intellectual property rights. Subject to your compliance with these Terms and the applicable Order, we grant you a limited, non-exclusive, non-transferable license to use the licensed data and any associated platform solely for your internal business purposes during the applicable term. You retain ownership of any data or content you submit to us (such as your target audience description), and you grant us a license to use it solely to provide and improve the Services.
7. Confidentiality
Each party agrees to protect the other party's non-public business, technical, and methodology information disclosed in connection with the Services (“Confidential Information”) using at least the same degree of care it uses to protect its own confidential information of similar nature, and not to disclose such information to third parties except to personnel and service providers with a need to know and who are bound by similar confidentiality obligations, or as required by law.
8. Data & Privacy
Our collection and use of personal information in operating the Services is described in our Privacy Policy. To the extent DemandReady Data processes personal information on your behalf as a data processor/service provider under applicable privacy law in connection with a specific Order, the terms of our Data Processing Agreement apply and are incorporated into these Terms by reference.
8.1 SMS Program Terms
- Program: DemandReady Data Consultation Messages. Operated by Mixed Media Ventures, LLC, d/b/a DemandReady Data.
- What you’ll receive: text messages and emails about your consultation request: scheduling, appointment confirmations and reminders, and follow-up questions. Messages may be sent using automated technology, including an AI scheduling assistant.
- Consent: by checking the consent box on our consultation form and submitting your mobile number, you consent to receive these messages at that number. Consent is not a condition of any purchase.
- Frequency: message frequency varies, based on your conversation with us.
- Cost: message and data rates may apply, per your carrier plan.
- Opt out: reply STOP at any time. You will receive one confirmation message and no further texts. You may also email us to opt out.
- Help: reply HELP or contact us at the address in the Contact Us section.
- Carriers: carriers are not liable for delayed or undelivered messages.
- Privacy: See our Privacy Policy, Section 3.4. Mobile numbers and opt-in data are not shared with third parties for marketing purposes.
9. Disclaimers & Warranties
Except as expressly stated in an applicable Order Form, the Services are provided “as is” and “as available.” While we take reasonable steps to maintain the quality of the data we license, intent and audience data is inherently probabilistic. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Services will be uninterrupted, error-free, or achieve any particular marketing or business outcome.
10. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages. Each party's total aggregate liability arising out of or related to these Terms will not exceed the total fees paid or payable by Customer to DemandReady Data under the applicable Order in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to a party's breach of Section 4 (Acceptable Use), Section 7 (Confidentiality), indemnification obligations under Section 11, or a party's gross negligence or willful misconduct.
11. Indemnification
You agree to indemnify, defend, and hold harmless DemandReady Data from and against any third-party claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising out of your breach of these Terms, your misuse of the Services or licensed data, or your violation of applicable law (including marketing and privacy laws) in your use of the data provided through the Services.
12. Term & Termination
These Terms remain in effect for as long as you access our website or use the Services. Either party may terminate an Order as set out in that Order Form. We may suspend or terminate your access to the Services immediately if you materially breach these Terms, including Section 4, and fail to cure such breach within a reasonable period after notice (where cure is possible). Sections that by their nature should survive termination (including Sections 6, 7, 9, 10, 11, and 13) will survive.
13. Governing Law & Disputes
These Terms are governed by the laws of the State of Nevada, the state in which Mixed Media Ventures, LLC is formed, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada for any dispute not otherwise subject to an arbitration or dispute-resolution provision in an applicable Order Form.
14. General Provisions
- Entire Agreement. These Terms, together with any applicable Order Form, Privacy Policy, and Data Processing Agreement, constitute the entire agreement between the parties regarding the Services.
- Modifications. We may update these Terms from time to time; material changes will be reflected by an updated “Last Updated” date, and continued use of the Services after changes take effect constitutes acceptance.
- Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
- No Waiver. Failure to enforce any provision of these Terms is not a waiver of that provision.
15. Contact Us
Mixed Media Ventures, LLC (DemandReady Data)
331 Newman Springs Road, Building 1, 4th Floor, Suite 143 #94
Red Bank, NJ 07701
Questions about these Terms can be sent to grow@demandreadydata.com.