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Responsivelists.com and/or RESPONSIVELISTS.COM (hereinafter referred to individually and collectively as RESPONSIVELISTS.COM) will not accept any returns or make any reimbursements unless first approved by RESPONSIVELISTS.COM in advance in writing. NO EXCEPTIONS. All orders received from User are fulfilled on a custom basis. User is responsible for payment of the custom order and liability therefore shall not be released for any reason whatsoever.
User irrevocably covenants, promises and agrees to defend and indemnify RESPONSIVELISTS.COM and to hold RESPONSIVELISTS.COM, it's agents and employees from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which RESPONSIVELISTS.COM may sustain or to which RESPONSIVELISTS.COM may become subject to arising out of and/or in connection in any way to User's use of the List provided for hereunder, including without limitation, in each case attorney's fees, costs, and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages, or liabilities.
The parties acknowledge that it will be difficult if not impossible, with the exceptions of the indemnification provision above, to adequately ascertain damages to RESPONSIVELISTS.COM in the event of a breach of the Terms and Conditions hereunder by User. It is expressly understood and agreed that in the event that User shall fail or refuse to comply with any of the terms and conditions contained herein, User shall indemnify & hold RESPONSIVELISTS.COM free and harmless, and user Assumes any and all risks in connection with the usage of the list provided hereunder. In addition, User acknowledges that RESPONSIVELISTS.COM may elect to enforce any other remedies which they may have at law or equity.
The parties hereto expressly agree that the relationship between them hereunder is that of two principals dealing with each other as independent contractors subject to the terms and conditions of this Invoice. At no time past, present or future shall the relationship of the parties herein be deemed or intended to constitute an agency, partnership, joint venture or a collaboration for the purposes of sharing any profits or ownership in common. User/Broker in no way represents RESPONSIVELISTS.COM in any manner and RESPONSIVELISTS.COM is in no way responsible for the actions, conduct or usage of subject data by end user and/or broker referenced hereinabove.
Any controversy or claim arising out and/or in connection with this Invoice, or breach of the Terms and Conditions thereof, shall be settled by Arbitration in Los Angeles, California. This Agreement shall be construed in accordance with the laws governed by the State of California, irrespective of the fact that a party hereto may not be a resident of or maintain a place of business in that State. Judgement upon award rendered by the arbitrator(s), may be entered in any court having jurisdiction thereof. All costs of arbitration, including reasonable attorney's fees, shall be included in the arbitrator(s) award to the prevailing party.
It is agreed between the parties hereto that there are no other agreements or understandings, oral or written between them relating to the subject matter of this Invoice. No change or modification of the Terms and Conditions of this Invoice shall be valid unless the same be in writing and signed by the parties.
TELEMARKETING WARNING: IMPORTANT, READ CAREFULLY
FEDERAL REGULATIONS PROHBIT TELEMARKETING AND/OR E MAILING TO INDIVIDUALS WHO HAVE INDICATED THAT THEY DO NOT WISH TO BE SOLICITED BY TELEPHONE OR EMAIL (SEE THE TELEPHONE CONSUMER PROTECTION ACT OF 1991 AND THE FEDERAL TRADE COMMISSION'S TELEMARKETING SALES RULEAND THE CAN SPAM ACT). IN ADDITION, MOST STATES HAVE LAWS THAT IMPOSE FURTHER OBLIGATIONS AND RESTRICTIONS ON TELEMARKETERS. SOME STATES ALSO REQUIRE TELEMARKETING TO USE DO-NOT-CALL FILES AVAILABLE FROM THE STATE(S) OR FROM A SPECIFIED ORGANIZATION. The user is solely responsible for compliance with any and all Federal Laws, State Laws and regulations governing the use of the list provided hereunder. User/Telemarketer is solely responsible to purge subject data against any and all Federal and State ?Do-Not-Call? lists and fully comply with any and all laws, statutes, regulations or ordinances pertaining thereto and/or in connection therewith. User /Telemarketer hereby holds RESPONSIVELISTS.COM, Responsivelists.com., their agents and employees free and harmless and shall indemnify same against any and all claims whatsoever. Additionally, Buyer shall comply with Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S. Code Sec 6101 et seq and the Telephone Consumer Protection Act, 47 U.S. Code Sec 227 together with the regulations there under and as amended from time to time, the CAN Spam Act, and any and all federal and state regulations in connection with use of any data included in subject order, including emails, etc.
The information and list sources are believed to be true and correct; however RESPONSIVELISTS.COM assumes no liability in connection therewith. RESPONSIVELISTS.COM makes no representations or warranties as to the accuracy of subject list(s), nor makes any representations as to the response rates, or results of any direct mailing programs, or telemarketing program. Acceptance of this list constitutes your agreement with the terms herein, and user holds RESPONSIVELISTS.COM free and harmless from any and all claims whatsoever. Buyer assumes any and all risks in connection with the telemarketing, mailing, etc. No Credits or cancellations are permitted. Buyer represents and warrants that under no circumstances shall buyer cancel charge card payment, contest payment or otherwise. In event of buyers violating this term, buyer shall be responsible for all costs including but not limited to court costs, and legal fees for recovery of incurred charges provided herein in addition to all related costs including but not limited to attorney fees, court costs or any other costs incurred in order for RESPONSIVELISTS.COM to recover. No refunds and/or credits shall be given. All orders and payments are final. Lists are rented for 1 time usage.
User shall at no time enhance, and/or append the data furnished by RESPONSIVELISTS.COM. It is specifically agreed that this data shall be used one time only and no other usage. End User or any of it's representatives, fullfilment house, service bureau's or the like shall at no time append phone numbers or contact subject consumers contained in this database by Phones. Violation hereof shall be a material breach of this agreement and end user/broker shall be fully liable for any and all damages, and claims whatsoever. Any additional usage of this data which has not been authorized in advance in writing, in that event User shall pay to RESPONSIVELISTS.COM a rental fee equivalent to not less than the original amount set forth in this invoice for said additional usage, which shall in no way limit any other recovery for damages resulting from any breach of this agreement by end User/broker.
WARNING TO ALL USERS OF FACSIMLIE LISTS & NUMBERS
- It is a violation of both federal and state law to transmit advertisements to a facsimile machine. Any person violating such laws may be subject to civil and criminal penalties which may exceed $500 for each transmission of an unsolicited facsimile. Our company provides its business lists for lawful purposes only and expressly forbids the use of its business lists in any unlawful manner. User shall purge subject data against any and all ?Do Not Call? Lists, and the CAN Spam Act, including Federal, State & DMA do not call list and shall comply with state regulations pertaining thereto and shall further hold RESPONSIVELISTS.COM free and harmless and indemnify RESPONSIVELISTS.COM from any and all claims whatsoever.
- USE OF SITE. You may only use our site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our site by you and anyone using your password and login information. You may only use our site to make legitimate list counts, list rentals or in connection with services offered by responsivelists.com. You may not use our site: to make any false, fraudulent or; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.. Any such service fee is non-refundable. The non-refundable fee will be shown clearly before your final purchase or decision.
- PRIVACY.Your use of our site is subject to our Privacy Policy. You have read that privacy policy and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our privacy policy. No warranties are made or implied as to responsiveness, connect rate, or results of any mail, e mail, or telemarketing campaign.
Your privacy is very important to us at RESPONSIVELISTS.COM. With that in mind, we have established and implemented information handling practices for www.responsivelists.com that we believe are consistent with the highest standards and best practices of organizations doing business on the Internet. This privacy policy ("Policy") describes the practices that apply to our site, including, specifically, the information we collect about you, when and how we collect that information and what may happen to that information. We have prepared a detailed privacy policy because we believe you should know as much as possible about our practices so that you can make an informed decision about the extent of your use of our site.
Simply put:
- we will not collect personally identifiable information like your name, e-mail and mailing address and telephone number ("Personal Information") without your knowledge and permission;
- we will disclose your Personal Information to only those third parties which we determine have offers that may be of interest to you;
- we will allow you to view, correct or remove your Personal Information and other information associated with your registration as a user of our site; and
- we will take reasonable steps to protect the security of the Personal Information we collect from you.
- Just visiting
- Registering with us
- Doing Business with Us/List Rental/List Services
You can always visit our site without revealing who you are or providing any Personal Information. When you visit our site we do collect usage information, but it is anonymous and is not linked to you as an individual. We use this data to better understand things like how our site is navigated, how many visitors arrive at specific pages, the length and frequency of stays at our site, the variety of searches of our site's database, the types of browsers and computer operating systems used by our visitors and the Internet Protocol addresses from which our visitors connect to our site. We use this information to improve our site content and ease of use.
Cookies and Pixel Tags.
We, or a third-party advertiser acting on our behalf, may place a "cookie" or "pixel tag" on your personal computer when you come to the site or visit a site on which we advertise. These devices are small computer files that our computer sends to your computer and that your computer sends back to us each time you make a request from our site. We use these devices to collect data to help us personalize and improve your experiences on our site. The data on your use of our site may be linked to the Personal Information you have chosen to share with us when you register. Most Internet browsers automatically accept cookies. However, you can instruct your browser, by editing its options, to stop accepting cookies or prompt you before accepting a cookie from the sites you visit. If you decide not to accept our cookies, your ability to use some features on our site may be impaired.
Third-party Advertisers.
We work with Internet marketing companies to advertise responsivelists.com or any of it's affiliates on the Internet, and we have third-party advertisers on our site. Third-party advertisers may use cookies and pixel tags to gather information about the ads you have seen and the types of things that you appear interested in. We do not share any Personal Information about you with these advertisers unless you give us specific permission to do so, separate from any permission you provide during the registration process. These advertisers may use combined information about your visits to our site and other sites in order to provide advertisements about related goods and services that you may be interested in. This privacy policy does not cover the policies or practices of these third-party advertisers. In addition, we use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use pixel tags and cookies provided by our marketing company on this site. The information we collect helps us learn things like what kinds of customers our site attracts, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can "opt-out" of this web-site analysis tool by clicking here.
When You Decide To Register With Us.
Personal Information.
If you decide to register with us, we will collect Personal Information about you that you voluntarily share with us. We collect Personal Information that is necessary for us to provide you with the services offered on our site. As mentioned, this Personal Information includes things like your name, e-mail and mailing address and telephone number. You will provide an e-mail address and select a password that will be required to gain access to portions of our site.
Other Information.
You may decide to share other information with us about yourself (for example, demographic information like your age and gender) and other information (for example, lists available, consumer selections, geographical information, business or personal information). If you share this information with us, we will use it for purposes of marketing services or products to you which we feel may be of interest, or to improve our services to you as our customer. You may still use our site to search for lists, counts and other services available
Opt-out.
As part of the registration process, we give you two important choices ("opt-out") about receiving advertisements, updates and promotions via e-mail. We hope you will find these items interesting and informative. In fact, we will use the information you tell us about your travel preferences and experiences to share customized advertisements, updates and promotions with you that include our recommendations to you lists available, marketing services, etc.. Nonetheless, you will let us know if you do not want us to use your e-mail addresses to deliver to you: (1) our weekly deals update highlighting flight specials, promotions, and opportunities available on our site and/or sponsored by our service providers and advertisers; and/or (2) our weekly and/or monthly newsletter highlighting specials, promotions, lists available and other marketing opportunities available on our site and/or sponsored by our providers. We use an email delivery and marketing company to send the emails that you have agreed to receive. Pixel tags and cookies are used in those email messages and at our website to help us measure the effectiveness of our advertising and to study how visitors use our site. Of course, if you do not opt-out of receiving our e-mails during registration, but later change your mind, you can always come back to our site to tell us that you would like to "opt-out" of and stop receiving either or both of these communications.
Online Surveys and Contests.
We value your comments and opinions. From time to time, we will invite you, as a registered user of our site, to participate in online surveys, but the choice will be yours. Each time use our site, we may ask for your feedback on your experience. Your participation in these surveys is on an anonymous basis, unless we tell you up-front otherwise. You choose to participate in these contests or not.. Participation may include participation in an online survey
When You Rent a Mailing List or Sales Leads or Online Campaign
Payment Information and History.
If you register with us, you will be able to run counts instantly on various business lists, new movers list, homeowners and consumers lists through our site. To consummate a list rental and pay for subject lists you desire to rent, you must provide payment information to us - for example, your credit card specifics like card number, expiration date, cardholder name and billing address. We will add this payment information to your Customer Profile. We will keep a history of all your list rentals and services through our, unless you choose to edit your Profile as described below in this policy (Changing and Removing Personal Information and Other Information).
Sharing of Personal Information.
Generally, we only disclose your Personal Information to those advertisers and providers we feel may have offers of interest to. For example, when you rent a list or use responsivelists.com for marketing services, as the case may be, with the Personal Information needed to process your transaction. We use our reasonable efforts to ensure that any third party marketing services and/or affiliates will also protect your Personal Information. We contract with other companies to perform various functions necessary to operate our business - for example, append phones, append emails, address correct, verify data, ship items and process credit cards. We will share with these other companies only that Personal Information they require to fulfill your orders. These companies agree that they will not use or disclose that Personal Information for any other purpose. Other than as explained in this policy, we will not disclose any Personal Information we collect from you to others without your permission, except in certain limited circumstances: (a) to protect the security of our site and our rights under our Terms and Conditions of Use; (b) to protect ourselves against liability; (c) in response to legal process, (d) if we believe in good faith that the law requires it; or (e) in connection with a sale of our business or company.
Corporate Travel.
If you, or someone acting on your behalf, purchase(s) and/or rents lists or sales leads or other marketing services through our site and (a) you, or someone acting on your behalf, tell(s) us that your purchase is for corporate purposes either by (i) indicating in the booking path that the purchase is for corporate or (ii) indicating that the credit card being used is a corporate credit card and (b) we have entered into an agreement with your corporation to provide data on the services by the corporation's personnel, we will provide your corporation with the Personal Information necessary for the corporation to track your corporate usage with respsonivelists.com on our site.
Additional Products and Services.
We may partner with other companies to offer you additional products or services. If you sign up for any of these additional products or services, we will share your name and any other Personal Information that is necessary for these other companies to provide the products or services you have signed up for.
Links to Other Sites.
Our site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site that we do not control and for which we cannot be responsible. You should carefully review the privacy statements or policies on any other site that you visit because those privacy statements or policies will apply to your visit to that site and may be very different from our policy. In some cases, for example the purchase of travel insurance, our site will link you directly to our partner's site where you may be asked to provide Personal Information. This privacy policy will not cover the use of your Personal Information by these other companies. We encourage you to read each other company's privacy policy before signing up for any of its products or services.
Other information
Changing and Removing Personal Information and Other Information.
We are committed to giving you control over your Personal Information. You can change your password and any of the Personal Information or Other Information, by visiting our site again and modifying any of your information. If at any time you want to view the Personal Information or Other, you want to change the preferences associated with your account, or would like us to remove some or all of the Personal Information or Other Information stored, you can correct, update, or remove the information and preferences you have shared with us by visiting returning to our site and modifying your information. If you request that we remove all of the Personal Information and Other Information, then we will promptly do so. If we remove your Personal Information you will not be able to use the services available on our site unless you re-register. Similarly, we will remove all of your records within six (6) months after receiving a request to do so. This six (6) month period is necessary to ensure that arrangements made through our site are properly accounted for. We may not be able to honor your request to remove your Personal Information or records if we are legally obligated to retain that information or those records. You will not have the ability to view, change or remove session data or information that we have gathered from third parties.
Notification of Changes.
We may change this policy from time to time. If we decide to change this policy in a material way (for example, a change regarding disclosure of Personal Information), we will post notice of the change on our site and notify you via e-mail at the address you have provided to us or pop-up screen at least thirty (30) days before putting the change into effect. If we decide to change our policy in a less significant way, we will simply post notice of the change on our site at least thirty (30) days before putting the change into effect. If any proposed change is unacceptable to you, you may, as discussed in the section above (Changing and Removing Personal and Other Information), request that we remove your Personal Information from our records.
Combined Non-Personal Information.
We may also combine anonymous information supplied by you and other users during registration on our site with information about your use and others' use of our site. We will use this combined information to describe our user base, without reference to any specific individual, to potential partners, investors and advertisers. We will not share your Personal Information with any other users of our site, but we may use information we collect about your travel preferences and experiences to make recommendations to other users of our site. For example, if we know that you and other users of our site who have sought out lists, sales leads or marketing services and/or data, we might recommend that same or similar list or data to others who will be or may need lists, sales leads or online marketing services as well as vendors of such data. We may also share aggregated statistical information about users of our site and our service and product offerings with others, including our vendors and partners. We will not link this statistical information to any Personal Information that can identify you as an individual.
How We Protect Your Information.
We are committed to safeguarding your information. For that reason we take reasonable efforts to safeguard and protect any and all data provided to us. To ensure that we fulfill our commitment to safeguard your information, we make reasonable efforts that our information handling practices are in accordance with the highest industry standards and best practices on the Internet at all times.
Contact Us.
If you have any questions or concerns about this policy or our information handling practices, you may contact our Chief Privacy Officer at info@responsivelists.com. We will attempt to respond to your questions or concerns within five (5) business days after we receive them. We can also be reached by regular mail at: Privacy Officer; Responsivelists.com, P.O Box 980, Agoura, California 91376.
A Special Note about Children...
Children.
Children - in fact minors (individuals under 18 years of age) - are not eligible to register for or use the services available on our site. We believe that parents should play a central role in their child's online activities and should monitor those activities to ensure that sites visited by their child are respecting their child's privacy. For additional information on protecting children's privacy, visit the Federal Trade Commission's "Kid'z Privacy" page at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.
ACCEPTANCE OF THIS ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
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