TERMS AND CONDITIONS FOR USE OF AMERILIST, INC. DATA SERVICES
Upon your execution of the an Agreement to purchase, use, rent or license data and marketing products from Amerilist, Inc. either written or verbal it is agreed that by rendering payment of all amounts due Amerilist, Inc. you agreed to the terms and conditions made available. By using our services, you signify your consent to these terms. You may not use our services if you do not consent to all our terms. These general terms and conditions apply to and are set forth in addition to any other contract or written “Agreements” that may be part of the transaction. You agree to familiarize yourself with these terms if you choose to use our site or services.
ANY DATA PROVIDED BY AMERILIST IS FURNISHED ON A STRICTLY “AS IS” BASIS. AMERILIST ACTS AS A THIRD PARTY PROVIDER OF ITS COMPILERS AND DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, AMERILIST AND ITS COMPILERS DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 5 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY AMERILIST OF ANY PROBLEMS OR MISTAKES IN THE DATA AND IF YOU SO NOTIFY AMERILIST WITHIN THAT 5-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.
Limitation of Liability
Amerilist will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Amerilist to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Amerilist was advised of the possibility of such damages. Amerilist maximum liability will not exceed the amount you paid Amerilist, Inc. Amerilist will not be liable for postage costs that were received and redeemed to the USPS on behalf of any direct mail marketing campaigns, including campaigns that we acted as the mailing agent.
- Client warrants any offer made by accepting a list furnished by AmeriList Inc. (hereinafter "AmeriList") must be in good taste and conform to all federal, state and local laws, statutes and regulations
- AmeriList takes reasonable care in providing this information. However, due to the possibility of human error inherent in compiling database information and everyday turnover of such information, AmeriList does not assume any liability for the correctness of this information, or the information from which it is compiled. Nor does Amerilist warrant the comprehensiveness, completeness, accuracy, or adequacy for any purpose or particular use of this information. Under no circumstances will AmeriList be liable to Client or third parties for incidental, special, consequential or exemplary damages, including, but not limited to lost profits, lost data, lost business, postal charges, costs, expenses, etc. AmeriList's entire liability for any claim whatsoever relating to and/or under this Agreement shall not exceed the total amount of the charges paid by Client to AmeriList for the data on which the claim is based. Client acknowledges that certain federal and state laws, rules and regulations restrict telemarketing and faxing activities, including provisions that permit consumers to give notice that they do not wish to receive sales solicitation calls. Due to the varying and changing nature of such provisions, AmeriList makes no warranty, expressed or implied, that the names, telephone numbers and fax numbers of such individuals have been identified and deleted from AmeriList data. AmeriList shall not be responsible for any laws, rules or regulations relating to Client's use of AmeriList data, including, without limitation, any such laws, rules or regulations that are specific to Client or its business [example: state insurance law or local laws governing real estate agents]. Many states allow civil penalties for using fax lists for unsolicited fax broadcasting; client needs to check their state and local laws on unsolicited faxing. Client assumes legal risk for use of fax lists. The outcome of Client's Marketing Promotions is not guaranteed.
- Client acknowledges that AmeriList's data has not been collected for credit purposes and is not intended to be indicative of any consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living (as such terms are used in section 603(d) of the Fair Credit Reporting Act ("FCRA"), 15 USC 1681a). Client certifies that it shall not use AmeriList's data as a factor in establishing any consumer's eligibility for (a) credit or insurance used primarily for personal, family or household purposes, (b) employment purposes, or ( c) other purposes authorized under Section 604 of FCRA, 15 USC 1681b.
- Fair Information Practices. No solicitation made using a list supplied by AmeriList's data shall make reference to any selection criteria or presumed knowledge regarding the intended recipient of such solicitation, or the source of the recipient's name and address, except to the extent such selection criteria, knowledge or source of information is derived from Clientowned data. The Client shall comply with all federal, state and local laws and regulations in connection with any use made of AmeriList data. The Client shall not use or permit others to use such data for purposes of mailing pornographic or sexually explicit material, chain letters, pyramid fund raising solicitations or other similar purposes. Upon AmeriList's request, Client shall furnish AmeriList with a sample mail piece to enable AmeriList to verify Client's compliance with such restrictions.
- Client agrees that the information provided is for their use only and that the names, addresses, etc. will not be duplicated or resold. Our lists are seeded with decoy names to protect against unauthorized use. Client may use AmeriList data solely for Client's internal direct marketing program [telemarketing and/or direct mail campaign] and for no other purposes.
- Company will remit payment to: AmeriList Inc. the total amount of the invoice as per the terms stated on this invoice. Furthermore, in the event AmeriList Inc. engages the services of a collection agency or an attorney to collect on a past due amount, Company agrees to pay all costs of collection including court costs and reasonable attorney's fees. Company acknowledges that it is paying AmeriList Inc. for a service and that no guarantees were expressed or implied and that the advertiser understands that AmeriList Inc. has a no refund no exception policy. All discounts and promotional offers must be presented at time of sale or offer is null and void.
- Due to the fact that our products can be copied easily, orders cannot be returned for refunds or credits.
- Orders that are paid and cancelled before shipment will incur a 25% run charge.
- Applicable Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, and the exclusive jurisdiction and venue for any proceeding brought pursuant to these terms and conditions shall be held in Rockland County, New York without regard to conflicts of law principles, and shall benefit and be binding upon the parties hereto and their respective successors and assigns.
- This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories. A faxed signature shall have the same legally binding effect as an original signature.
