DRE Data Services, LLC Terms of Use, Conditions of Use, and Binding Agreement
Last Updated October 8, 2023
THIS IS A BINDING AGREEMENT
These User Terms of Use (“Terms”) govern the use by you (the “Client”) of the DRE Platform and DRE Services (both defined below) by all users. The Platform and Services are products of DRE Data Services, LLC (“DRE”). By using the Platform or Services, you the Client acknowledge and agree to these Terms. References to “DRE,” “we,” and “us” herein include DRE's past, present, and future subsidiaries, parent companies, members, and affiliates, as well as DRE's and each of these entities' agents, employees, officers, directors, predecessors in interest, successors, and assigns. References to "You" include all a Client’s authorized or unauthorized users or beneficiaries of services provided by DRE to You or Your representative or agent.
If you do not agree to be bound by all of these Terms, then you may not use the Platform or Services. Your initial or continued use of the Platform or Services constitutes your continuous agreement to these Terms. If you have entered into a separate License Agreement, that agreement may supersede these Terms except with respect to your general use of our Site.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DRE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY BELOW FOR DETAILS REGARDING ARBITRATION.
1. How DRE Works.
DRE offers a Software-as-a-Service (SaaS) tool (the DRE “Platform”) to facilitate nonprofit and political donor identification, data augmentation, data record acquisition, and donor-matching (the “Services”) by the Platform’s Clients. Our Clients include nonprofits organizations, professional fundraisers, social organizations, advocacy groups, social movements, political campaigns and committees, their staff, their consultants, and others delegated access to the Platform or Services by our Clients (the “Authorized Users”). In order to provide a Platform or Services, DRE acquires information on potential donors (“Donors”). This information includes personal information, contact information, wealth information, donation capacity information, donation propensity information, donation preferences (together or separately, the “Information”). We use this Information along with artificial intelligence and machine learning to derive additional conclusions about potential Donors and create records (“Donor Records”) on each potential donor. DRE then shares these Donor Records to Authorized Users for search, use, and licensing via our Platform.
2. Agreement, License Term, Termination, Notices, and Changes to Terms
These terms are a binding legal commitment between you and DRE, so please read them carefully. If you are accessing and using the Platform, Services, Information, or Donor Records as an Authorized User on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. This Agreement and your license to use the Platform, Services, Information or Donor Records shall be effective for a term of the Agreement beginning on the date you first license any Information or Donor Record and shall continue for a period of one (1) month and shall renew monthly for as long as you are a valid paying subscriber or until terminated by DRE. You shall have no termination rights other than to cease your use of the Platform, Services, Information or Donor Records. DRE may, at its sole discretion, discontinue your use or access to the Platform, Services, Information, or Donor Records at any time and/or exercise any rights DRE may have at law, in equity, under this Agreement. If you do not agree to be bound by these terms, you may not use the Platform, Services, Information or Donor Records. All notices given by you to DRE under this Agreement must be in writing and sent by registered or certified or express mail, return receipt requested and postage prepaid, or by Federal Express or another reputable courier, or delivered personally to DRE’s address. We may modify or update these Terms at any time, in our sole discretion. If you continue to use the Platform, Services, Information or Donor Records after we have communicated the modified Terms to you, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Platform, Services, Information or Donor Records. Because our Platform, Services, Information and Donor Records are evolving over time we may change or discontinue all or any part, at any time and without notice, at our sole discretion.
3. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from users on the site and as part of the Information we provide. You acknowledge and agree that your use of the Platform and Services is subject to our Privacy Policy. Your use of the DRE Platform and Services constitutes your agreement and acknowledgement that you have read and agree to be bound by the Privacy Policy and these Terms.
4. Your DRE Account
You may use the Platform or Services only if you are 18 years or older, capable of forming a binding legal contract with DRE, and are not barred from using the Services under applicable law. You must create an account (“Account”) to use our Platform or Services). You agree to provide us with accurate and complete information for your Account and to update such information, as needed, to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You agree that you are responsible for all activities that occur under your Account, including the activities of any users accessing the Platform using your credentials, whether or not you know about or authorized them to do so.
5. Access and Licenses
Subject to your compliance with these Terms and completion and payment at check out, DRE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform, Services, Information, and individual Donor Records you purchase from DRE for the authorized purposes described in Section 8 below (Acceptable Use Policy). You may not allow access to the Platform, Services, Information, or individual Donor Records by anyone other than individuals whom you have authorized through the methods permitted by DRE (e.g., by assigning unique login credentials to each such individual) to use the Platform, Services, Information, or individual Donor Records solely on your behalf and for whom all applicable fees have been paid. You may not copy any portion of the Platform or Services. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Platform or Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Platform, Services, Information, or individual Donor Records to any third party; (iii) reverse engineer, decompile or disassemble the Platform or Services; or (iv) make the functionality of the Platform, Services, Information, or individual Donor Records available to anyone other than your Authorized Users except with our express written permission. DRE reserves all rights in and to the Platform and Services not expressly granted to you under these Terms. You acknowledge that DRE owns Platform, Services, Information, or individual Donor Records. You have no proprietary rights to the underlying Information, algorithm, or technologies used by DRE to create the Information or Donor Records to which you have been granted a license. Violations of this Agreement include but are not limited to any attempt to avoid user authentication or security of any host, network, or account. This includes accessing content not intended for visitors and logging into an account you are not expressly permitted to access. Attempting to force a denial of service by email bombing, packet spoofing, flooding, or any other similar measures, is strictly prohibited. You are forbidden to perform any network monitoring, including probing the security of networks or attempting to intercept data not intended for the Client. DRE reserves the right to terminate your use, terminate your license, and/or pursue legal action against any user for known or realized unauthorized use of Donor Records.
6. Customer Data and Information
You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, share and use your Personal Data (as defined therein), both when you are a user of the Platform or Services and how personal data is used within the Platform, Services, Information, or individual Donor Records. If you do not agree with our Privacy Policy, then you must stop using the DRE Platform and Services immediately. Your use of the DRE Platform, Services, Information, or individual Donor Records constitutes your agreement and acknowledgement that you have read and agree to be bound by the Privacy Policy and these Terms.
7. Payment
Payment terms are contained in your order form at checkout. You will be billed to the credit card on file. You agree to pay DRE the amount that is specified in the order form at checkout in accordance with these Terms and any other terms associated with such payment plan, and you authorize DRE (or our third party payment processor) to bill your payment method on a periodic basis in accordance with such terms. Unless otherwise stated at checkout or any quote provided by DRE, prices quoted shall be good for a period of thirty (30) days. Full payment is due at the time of checkout. For Donor Record your license, you will be billed one time at the time of checkout to the credit card on file. For recurring subscription services, you will be billed monthly to the credit card on file. Subscriptions will auto-renew monthly until terminated by you. You acknowledge that your Payment to DRE is not contingent upon payment to the you from a third party. Where required by law, sales and use tax shall be charged in addition to all quoted fees. All amounts paid are non-refundable and we reserve the right to change our prices in the future.
8. Acceptable Use Policy
Without limiting any provision of these Terms, you may only use the Platform, Services, Information, or individual Donor Records exclusively for fundraising or marketing on behalf of a legitimate nonprofit organization, advocacy organization, campaign, advocacy organization, or other purpose specifically authorized in writing by DRE. Pursuant to this license, you represent that you will not use the DRE Platform, Services, Information, and individual Donor Records for other, unauthorized purposes, including: personal research or curiosity, cyberstalking, for use in family, marital, divorce, or custody disputes, to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes. You further represent that the Platform, Services, Information, or individual Donor Records will not be used to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You accessed the Platform, Services, Information, or individual Donor Records or the laws, regulations, and ordinances applicable to the location of the individuals or organizations searched for or Donor Records searched. Further, you represent that the Platform, Services, Information, or individual Donor Records will not be used to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable federal or state law governing fundraising or marketing solicitations. You acknowledge that You are solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained from Platform or Services are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable federal or state laws. DRE does not scrub any phone numbers or contact information displayed on the Platform or Services through the National Do Not Call Registry, similar state-level registries, or any other do-not-call registries. You represent that your use of the Platform, Services, Information, or individual Donor Records will honor any and all rights consumers may have under these and similar laws or registries. You may not use Platform or Services in a manner that exceeds the rights granted for Your use.
You acknowledge that neither DRE nor you are a consumer reporting agency nor subject to the FCRA. The Service is not intended for use by persons under the age of 18. You must ensure that each of your Authorized Users is aware of and complies with the requirements and restrictions set forth in this paragraph. You are responsible for all activities that occur under your account (or any of your Authorized Users’ accounts), and for Authorized Users’ compliance with these Terms. You agree to (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data that you (or any of your Authorized Users) input into or store using the Platform or Services; (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform or Services, and notify DRE promptly of any such unauthorized access or use; and (c) comply with this Acceptable Use Policy and all applicable local, state, federal and foreign laws in using the Platform or Services. DRE reserves the right to terminate and pursue legal action against any user for a violation of this acceptable use policy.
9. Feedback
We welcome feedback, comments, and suggestions for improvements to our Platform or Services. If you provide feedback or recommendations to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to use the content of your feedback for any purpose, including to improve our Platform or Services without any obligation to compensate you for providing ideas or feedback.
10. Disclaimer of Warranty and Indemnity
DRE will obtain the Information from sources it considers reliable, but DRE is not subject to liability for truth or accuracy of the Information or Donor Records conveyed or for its completeness or errors or mistakes made by humans or machines in the creation of the Information or Donor Records. DRE will not be subject to liability for your use of the Information or Donor Records, including marketing or outreach costs expended by you in reliance on Information or Donor Records provided by DRE. DRE may take reasonable steps to control the continuing quality of the Information and Donor Records, and the application of such quality control procedures constitutes the full extent of warranty concerning the information provided. The client acknowledges that it may be necessary or advisable from time to time, in the ordinary course of DRE’s business, for DRE to add, delete, and substitute Information it makes available to its clients including the Client. DRE expressly reserves the right to revise the Information and to make changes in content. DRE MAKES NO WARRANTIES EXCEPT FOR THOSE SET FORTH ABOVE AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DRE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE. The Platform, Services, Information, and Donor Records are provided“AS IS.” We make no warranty that the Platform or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Information or Donor Records. By using the Platform or Services, or by taking an action using the Platform, Services, Information or Donor Records licensed from DRE, you acknowledge that DRE’s sole and exclusive liability and Client’s sole and exclusive remedy for breach of the limited warranty outlined in this Section shall be reperformance of the affected services or, at DRE’s option, a refund to Client of a portion of the fees previously paid by Client corresponding to the defective services. You will indemnify and hold harmless DRE and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Platform, Services, Information, and Donor Records or (ii) your violation of these Terms.
11. Limitation of Liability
IN NO EVENT SHALL DRE BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY (A) LOSS OF USE, INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (B) LOSS OF GOODWILL OR REPUTATION; (C) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (D) FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL DRE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO DRE FOR THE INFORMATION AND SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM. DRE shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of DRE including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Intellectual Property
You agree that the Platform, Services, Information, and Donor Records are licensed to you by DRe, but these are and will remain the property of DRE. You do not have any license or right to use any trade or service mark displayed in any part of the Platform or Service without the express written permission of DRE. DRE’s intellectual property rights in and to the product are protected by the United States copyright and trademark laws, and the Client agrees that its employees are not authorized to reproduce, copy, republish, upload to a third party or distribute any part of the Platform, Service, Information, or Donor Records, except as provided under this Agreement.
13. Your Information and Content.
In some instances, you may provide DRE with your donor or contact lists for DRE to perform data supplementation or augmentation. In those instances, the following provisions apply: you hereby grant to DRE a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, and create derivative work as needed to operate and provide the Platform or Services to you, with respect to provisions otherwise specified in our Privacy Policy. You are solely responsible for all your User Content and Personal Data. You represent and warrant that you have all rights and consents, and will obtain all rights and consents, with respect to all of your User Content and Customer Data to the extent necessary (i) for you and DRE to comply with all applicable laws, rules and regulations including, without limitation, all applicable data protection and privacy laws; and (ii) for you to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, your Customer Data, nor your use and provision of your User Content or Customer Data to be made available through the Platform or Services, nor any use of your User Content or Customer Data by DRE on or through the Platform or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it or requesting that DRE delete it in accordance with our Privacy Policy.
14. Dispute Resolution.
YOU AND DRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void. The parties shall attempt to resolve any disputes related to these Terms or an order form (checkout) by first escalating the dispute to a level of management in each party’s organization that is removed from the day-to-day implementation or the prior negotiation of the relationship between the parties. If the parties cannot resolve the dispute pursuant to the foregoing sentence, as the exclusive means for initiating any adversarial proceedings relating to these Terms or order form (checkout), a party may demand that the dispute be resolved by arbitration administered by a nationally recognized arbiter to be heard in Northern Virginia under the rules of the American Arbitration Association. Neither party may commence any adversarial proceeding in any other forum. The arbiter’s determination will be final and binding on the parties, may be entered in a court of competent jurisdiction, and may be enforced in other jurisdictions. Each party hereby consents to any dispute related to these Terms or an Order Form being heard and resolved exclusively pursuant to this section. Nothing in this section is intended to be construed to prevent a party from seeking injunctive or similar interim relief from a court of competent jurisdiction.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
15. Miscellaneous
This Agreement shall be governed by and construed, and enforced per the laws of the the State of Delaware, excluding its choice of law rules regardless of its place of execution. In the event of a dispute hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, the State of Delaware.
No waiver of any term or condition of this Agreement shall be deemed to be a waiver of any subsequent breach of any term or condition.
If any part of this Agreement shall be held unenforceable, the remainder of this Agreement will nevertheless remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without DRE’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. DRE may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by DRE under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Platform or updating these Terms or other relevant policy. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The Platform or Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or Platform or Services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
DRE’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DRE. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Without limiting any other terms of these Terms, you agree not to do any of the following
We reserve the right to monitor your use of the Platform, Services, Information, or Donor Records or to review or edit any of your use for the purpose of operating the Platform or Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform, Services, Information, or Donor Records. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. DRE respects copyright law and expects its users to do the same. It is DRE’ policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders. If you are aware of any infringement taking place on the Platform or Services, or wish to notify us of any infringement of your intellectual property, please notify us at support@DREData.ai
Contact Us
If you have any questions about these Terms or the Services, please contact DRE at support@DREData.ai
DRE Data Services, LLC,.1900 Campus Commons Drive, Suite 100, Reston VA 20191.
Perfect for the tech-forward, innovative organization ready to explore new prospects and revolutionize your outreach strategy.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Praesent gravida tempus viverra. Sed non pretium nibh, in tristique diam.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.