ACCEPTANCE OF THIS ORDER CONSTITUTES ACCEPTANCE
OF THESE TERMS AND CONDITIONS
Indemnity Agreement Regarding Do-Not-Contact Lists & Terms and Conditions The undersigned ("Customer") has requested to receive from Discount-Lists, certain data which may include the names and phone numbers of persons who may appear on one or more do-not-contact lists maintained by one or more States or other governmental entities. Discount-Lists has agreed to supply said data in exchange for the execution of this agreement and the related purchase order/invoice.
Customer agrees and warrants that all data which Customer receives from Discount-Lists, or any related subsidiary corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, and direct marketing. Customer acknowledges that it is Customer's sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances and the identity of any registered or listed persons, Customer further warrants that Customer has requested the do-not-contact data based on the fact that, at the time of communicating or attempting to communicate with any person therein listed, Customer will be exempt from the application of all applicable do-not-contact laws, rules, regulations, and ordinances and that Customer understands the requirement that Do Not Call Registrants be purged from their calling list in accord with the procedures outlined by
the FCC, FTC, and the individual States customer does business in, in the instances where exemptions may not be applicable.
Customer further agrees to indemnify and hold harmless Discount-Lists and all
subsidiary and affiliated entities against any and all damages, fines, penalties
and assessments finally awarded in any litigation, arbitration or administrative
action, along with any settlement payments made in lieu thereof, including all
related costs and attorney's fees arising out of or otherwise related to the
breach of this agreement, the Terms and Conditions, or any alleged violation
of law, rule, regulation or ordinance based in whole or in part on Customer's
use of the data received from Discount-Lists or any related subsidiary corporation.
This agreement shall be governed by and construed in accordance with the internal laws of the State of Iowa without regard to its conflict of law rules. Customer agrees that any dispute under this agreement or the Terms and Conditions shall be exclusively heard in the state and federal courts located in Iowa City, Johnson County, Iowa, and further agrees that said courts are a convenient and appropriate forum.
Please pay from this invoice. For proper credit, please send the remittance form with your payment. A finance charge of 1.5%, per month shall be added to the balance due if the balance is not paid within thirty (30) days from the invoice date.
Due to the fact that our products can be copied easily, no order will be returned or accepted for credit, or otherwise, unless first approved by Discount-Lists in writing.
For your convenience if buyer purchased one of Discount-Lists annual wholesale guarantees it will automatically renew 12 months from the said invoice date unless otherwise canceled in writing.
Buyer agrees that all electronic credit card payments are agreed to be paid for according to the card issuer agreement.
Limitations of Liability
Buyer agrees, understands, and acknowledges that when Discount-Lists, sells
a list to any customer, it neither assumes nor accepts any responsibility of
any kind for defects, deficiencies, mistakes, ambiguities, or inaccuracies of
any kind or effect with respect to the list rented herein, as these are the
responsibility of the list owner or compiler which are third person and unrelated
Discount-Lists, Buyer aggress, understands, and expressly acknowledges that
while Discount-Lists believes this information to be accurate, it does not warrant
or guarantee any degree of accuracy of the list purchased, nor the out come
or results of any mailing or promotion or any other undertaking of the Buyer/
and Discount-Lists shall not be held liable in any manner with respect thereto
or otherwise. The liability of Discount-Lists and its representatives shall
be limited to the amount paid by buyer hereunder. Discount-Lists shall not be
liable for indirect, special, incidental or consequential damages (including,
but not limited to, damages for loss of business, loss of profits or investments
or the like) whether based on breach of contract, breach or warranty, tort (including
negligence), product liability, or otherwise, even if Discount-Lists or it's
representatives have been advised of the possibility of such damages, and even
if a remedy set forth herein is found to have failed of it's essential purpose.
The limitations of damages set forth herein are fundamental elements of the
basis of the bargain between Discount-Lists and buyer. Discount-Lists would
not have been able to have provided its goods and services without such limitations.
Without in any way limiting the generality of the foregoing, Discount-Lists assumes no responsibility or liability for determining whether phone numbers on its lists may be registered under federal and/or state "do not call" laws or other laws governing telemarketers. All individuals and organizations covered by such laws shall be fully responsible for compliance therewith in connection with the use of lists rented hereunder.
Buyer shall not: re-rent or sell the list or otherwise permit any use of the
list by or for the benefit of any party other than Buyer; publish, distribute
or permit disclosure of the list, other that employees and agents of the Buyer
for use in the Buyer's business; use or permit use of the list for the purpose
of compiling, enhancing, verifying, supplementing, adding to, or deleting from
and mailing list, geographic or trade business directories, classified directories,
classified advertising, or other compilation of information which is sold, rented,
published, furnished or in any manner provided to a third party; use or permit
of the list for the generation of any statistical information which is sold,
rented, published, furnished or in any manner provided to a third; use or permit
of the list to prepare ant comparison to other information databases, which
is sold, rented, published, furnished or in any manner provided to a third party;
or use or permit of the list in connection with individual credit, employment
or insurance applications.
All lists and other goods and services provided by Discount-Lists are provided
'as is' and Discount-Lists expressly disclaims all other representations and
warranties, express or implied, relation to any such goods or services, including
their fitness for a particular purpose, their quality, their security, their
merchantability or their non-infringement.
No Legal Advice
It is acknowledged that the Client is not relying upon Discount-Lists with respect to any legal advice in connection with the services rendered by Discount-Lists pursuant to this Agreement. Discount-Lists hereby advises Client, and Client herby acknowledges, that the Federal Telephone Consumer Protection Act of 1991 (the "TCPA"), The FCC and the FTC's Telemarketing sales rules, regulates the use of telecommunications for marketing products and services. Client represents and warrants to Discount-Lists that any and all actions taken by Client pursuant to this Agreement shall be in compliance with the provisions of the TCPA. FCC and FTC regulations and that Discount-Lists shall have no liability whatsoever for ant actions done or performed, or caused to be done or performed by Client or Clients customers in connection with the Services, and Client agrees to indemnify and hold Discount-Lists harmless there from.
Discount-Lists shall not be liable to Client, or to anyone who may claim any
right, due to Discount-Lists's relationship with Client, for any acts or omissions
in the performance of said services on the part of Discount-Lists or on the
part of Discount-Lists's agents, officers, directors, or employees or assigns
which results from the delivery of Services made to Client by Discount-Lists
and it's agents, officers, directors, employees or assigns, unless said acts
or omissions of Discount-Lists or its agents, offices, directors, employees
or assigns are due to their gross or willful misconduct.
Discount-Lists, will not accept any returns or make any reimbursements, NO EXCEPTIONS. All orders, whether verbal or in writing, received from the Buyer by Discount-Lists required Discount-Lists to create a custom order for the client. Therefore, the Buyer is responsible for the payment of this custom order: and this financial responsibility shall not be released due to the Buyer rejecting said order, refusing to accept shipment, "stop payment" on their checks, or changing the nature of the order, ect.
Buyer aggress to reimburse Discount-Lists, for all expenses, including reasonable
attorney's fees, incurred by Discount-Lists, to this agreement, the products
rented hereunder, and/or payments due therein, shall be in Johnson County, IA,
and in the judicial district then closest in proximity to the headquarters of
Discount-Lists Buyer expressly acknowledges personal jurisdiction within Iowa.
No modifications of this agreement may be made unless they are in writing and
signed by the party to be charged. Time is expressly declared to be the essence
of this agreement, and it is specifically agreed that no waiver of any breach
or default by the Buyer shall be deemed a waiver of any breach or default thereafter
occurring. Discount-Lists, as a result of Buyer's failure to pay when due the
invoice prices herein. Venue for the filing of any action related herein shall
be in Johnson County, Iowa within the judicial district closest to Discount-Lists,