|eMail List Rental Terms of Sales & Service|
The Halos Marketing Group requires all clients to abide by the following email list rental terms of service set forth by the data product providers Route 72 (hereinafter "The Providers"). The Providers will provide their goods and services to You subject to the following terms and conditions. Please read this information carefully before placing any orders. By placing an order through The Halos Marketing Group, You agree to be bound by the providers following Terms of Sales and Service (Agreement). Further more you acknowledge that The Halos Marketing Group is acting solely as your agent for renting the email list(s) from the provider and not responsible for the list itself, the messages you send, or any liabilities incurred from list usage.
1. PRODUCT DESCRIPTIONS:
a. Data Products:
i. All data delivered through the Providers network may contain subscriber information including, but not limited to, subscriber's name, email address & postal address.
2. FEES FOR SERVICES: For each of the Products described above, the fee will be provided by The Providers and paid by client at the time the service is ordered.
3. REFUND POLICY: Due to the nature of our product, You agree and acknowledge that The Providers maintains a no refund policy on all products and services offered. If You are dissatisfied with any product or service offered by The Providers Your exclusive remedy is to discontinue use of the service without refund of any kind whatsoever.
4. WARRANTIES: The Providers are not responsible for damages incurred by the inclusion of spam traps in any database sold, delivered to, or leased under this agreement. The Providers service is provided on an "as is" and "as available" basis. You expressly agree that use of any service offered by The Providers are at your sole risk. To the fullest extent permissible pursuant to applicable law, The Providers disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The Providers does not make any warranty that its service will meet your requirements, or that any service offered by The Providers will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected; nor does The Providers make any warranty as to the results that may be obtained from the use of any service offered by The Providers or as to the accuracy or reliability of any information obtained through any service offered by The Providers. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of any service offered by The Providers are at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. The Providers does not make any warranty regarding any goods or services purchased or obtained through or from any service offered by The Providers or any transactions entered into by use of or through any service offered by The Providers. No advice or information, whether oral or written, obtained by you from The Providers or through any service offered by The Providers shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
6. LIMITATION OF LIABILITY: under no circumstances, including, without limitation, negligence, shall The Providers or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use any service offered by The Providers, or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into by means of or through any service offered by The Providers, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if The Providers has been advised of the possibility of such damages. You agree that The Providers are not liable for any failure to deliver, hold, or store email transmitted through the service. You agree that The Providers does not endorse the subject matter of any of its lists or any of the contents of communications transmitted through its service. You also agree that The Providers shall not be responsible or liable to you, or to anyone, for the statements or conduct of any third party on or arising from use of any service offered by The Providers. If you are dissatisfied with any service offered by The Providers your exclusive remedy is to discontinue use of the service without refund of any kind whatsoever. You agree, and acknowledge awareness that The Providers maintains a no refund policy on all products and services offered at all times.
7. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless The Providers, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by The Providers or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law including but not limited to Can-Spam violations, copyright infringement, trademark infringement, patent infringement or plagiarism. The Providers may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by The Providers, however, shall not excuse any of Your indemnity obligations.
8. FORCE MAJEURE: Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
9. ASSIGNMENT: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
10. RELATIONSHIP OF THE PARTIES: The parties are independent contracting entities, and there is no partnership or agency relationship between them. Further, You may not use the Providers name in Your advertising or marketing as the source of Your data without express written permission from The Providers.
11. ENTIRE AGREEMENT: Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
12. DISPUTES: In the event of a dispute, You agree to attempt to resolve the dispute by contacting services@route72dotcom prior to taking any other action. Failure to contact The Providers to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of the Providers web site are governed by the laws of the State of New Jersey, and the courts of general jurisdiction located within Essex County, New Jersey, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning Agreement and The Providers. In addition to the foregoing, in the event of any breach or violation of this Agreement, The Providers shall be entitled to enforce all of its legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys' fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under Agreement.
13. SEVERABILITY: If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
14. HEADINGS: The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
15. DATABASE PURCHASES AND LEGAL COMPLIANCE: You agree that any use of this data will be in compliance with all applicable state and federal laws, including, but not limited to, the CAN-SPAM Act of 2003, The Gramm-Leach Bliley Act, FTC Telephone Sales Rules, and Your own privacy policies. If using this data to send e-mail messages, such compliance includes, but is not limited to: (1) not using forged, false or misleading header information; (2) not using false or misleading subject lines; (3) including the sender's physical address (not a P.O. box); (4) clearly identifying the e-mail message as an advertisement; (5) providing an opt-out notice with a functioning opt-out mechanism via e-mail or the Internet which is operational for at least 30 days after sending the message; (6) honoring opt-out notices within 10 business days of receipt of each opt-out request; and (7) for e-mail messages with sexually explicit material, including a warning in the subject line and requiring an additional step to view the material after opening the message. If the use of this data includes making telephone sales calls, such compliance includes, but is not limited to, scrubbing the list against government Do Not Call lists. If reselling, sharing, renting or transferring this data, such compliance includes, but is not limited to, not reselling, sharing, renting or transferring the e-mail addresses of recipients who have opt-ed out of receiving e-mail messages. You agree not to sell, share, rent or transfer this data to or with any person or entity which does not agree to use this data in compliance with all applicable state and federal laws including, but not limited to, the CAN-SPAM Act of 2003, The Gramm-Leach Bliley Act, FTC Telephone Sales Rules, and Your own privacy policies. You agree to indemnify The Providers, its clients, owners, officers, partners, members, managers, employees, agents, subsidiaries, and their respective successors and assigns, against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising from or related to Your breach or alleged breach, or the breach or alleged breach of any person or entity to whom You may have sold the data, of the promises and obligations herein.
16. PROTECTION OF DATA: You agree to follow all applicable state and federal laws concerning the protection and use of personal record data including but not limited to The Gramm-Leach Bliley Act and the FTC Telephone Sales Rules and Your own data protection policies.
This Agreement was last revised on July 15, 2009.