The use of any list or list services provided by Dataman Group, Inc. is subject to the Terms and Conditions set forth below. By accepting delivery of this list or list services provided by Dataman Group, Inc, you are expressly accepting and agreeing to the Terms and Conditions set forth herein on your behalf as well as on behalf of any employee, agent, assign or customer that you might furnish this list or a copy in whole or in part to.
To our best knowledge and belief this mailing list or telemarketing file has been prepared in accordance with the written or verbal instructions of our clients. However, list users are encouraged to examine the file carefully. If this list is sent to a mailing shop, please review the file prior to mailing. If there are any discrepancies, please notify our Customer Service Department promptly at 1-800-771-3282. Every attempt will be made to rectify any errors quickly and correctly, within the limits of the following conditions:
No returns or exchanges will be accepted unless authorized by our Customer Service Department. Each adjustment is limited to a 10 day notification time limit. Cancelled orders will be subject to running charges – 50% invoice.
Any verbal notice concerning adjustments must be confirmed in writing and mailed to our Customer Service Department. Dataman Group, Inc. does not guarantee the outcome of any mailing/marketing campaign utilizing the names rented on any purchase order. Our responsibility lies with deliverability not the manner and method of delivery.
Unless Dataman Group, Inc. specifies otherwise in writing all names are furnished for one time use only by the mailer for whom the list was rented, and are not to be duplicated, reproduced, retained, disclosed, transferred, resold or reused. Retention, by means of a match-code, or any other such record of a name and address or other data supplied with this order for any purpose whatsoever beyond two weeks after the agreed mail date is not authorized. The guarantee will not apply to any lists that have been altered by any means not authorized in writing by Dataman Group, Inc. No reference to the list or its source can be made as part of the mailing. It is understood that lists may be seeded with decoys to detect unauthorized usage.
Dataman Group, Inc. has used its best effort to provide an accurate file. All addresses are guaranteed 92% deliverable. Our liability shall be restricted solely to the cost of the list, since this is the only part of the direct marketing effort in our control. There is no refund guarantee on manuscripts, labels or email transmission costs. Dataman Group, Inc. does not guarantee the outcome of any mailing/marketing campaign using names rented on this or any order. In no event shall Dataman Group, Inc. be liable for postage charges and/or printing and mailing costs. Nor shall Dataman Group, Inc. be liable for telephone charges for any inaccuracies in a telemarketing campaign. Neither shall Dataman Group, Inc. be held responsible for punitive or compensatory damages resulting from loss of potential revenue. Phone numbers are updated through Directory Assistance and are as accurate as possible but cannot be guaranteed.
Unless otherwise agreed upon, full payment is required in advance. If terms are extended, delinquent accounts shall be liable for collection costs and reasonable attorney’s fees. Any litigation disputes shall be adjudicated within the jurisdiction of Dataman Group, Inc.’s listed office address as referenced in this document’s header.
TELEMARKETING RESTRICTION NOTICE
Residential Lists are “scrubbed” against the Federal Do Not Call List as well as any applicable State List, unless you requested otherwise. Dataman Group, Inc‘s policy is to exercise its best efforts to process residential phone numbers against all available Federal & State Do-Not-Call Lists as well as the Direct Marketing Association Telephone Preference list.
Due to timing and varying compilation and processing methods as well as the non-availability of certain State lists,we do not guarantee that all Do-Not-Call Telephone numbers have been identified or suppressed from any particular list. It is your responsibility to comply with all Federal & State registration requirements and to obtain timely updates to all Federal, State and DMA Suppression Files. Accordingly, Dataman Group, Inc. does not assume any responsibility for nor make any warranty as to whether use or distribution of the data provided will result in any violation of Local, State or Federal law, regulation or guideline and you agree that compliance with all applicable laws, regulations and guidelines shall be your sole responsibility and that Dataman Group, Inc. bears no liability or responsibility for any claims, losses, penalties or damages arising from any unlawful use or impermissible distribution of the data provided and you agree to indemnify and hold Dataman Group, Inc. harmless for the same. This notice is not intended and should not be construed as legal advice. It is your obligation to be aware of and comply with all applicable laws, regulations and guidelines. Any questions regarding telemarketing laws, regulations or guidelines should be referred to an Attorney. If you are receiving DNC records, you, the customer represent and warrant that you have requested or received and will strictly use said records based upon either statutory exemptions or exclusions from statutory definitions under all applicable DNC laws, rules, regulations, and guidelines for telemarketing activities, including but not limited to those exemptions or exclusions based upon non-profit, business relationship, or market research status. Further, if receiving “flagged” DNC records, you certify that your use of said records is solely to prevent telemarketing calls to those telephone numbers so “flagged” as DNC records. You agree and acknowledge that it is solely your responsibility to ensure that your use of telephone records provided by Dataman Group, Inc. is compliant with all federal, state and local laws and industry guidelines, and you further agree to indemnify and hold Dataman Group, Inc. harmless for any and all claims, suits, penalties, fines, damages or losses that may arise from your breach of the representations herein or any acts or omissions involving use of the telephone records provided.
If you have requested a list containing Cellular phone numbers, you agree that it is your responsibility to understand and comply with all federal, state, and local laws, including, without limitation, The Telephone Consumer Protection Act, (TCPA) of 1991, (landline and mobile telephone) along with any rules or regulations from the Federal Communications Commission (FCC). You agree to indemnify and hold Dataman (Dataman Group, Inc) harmless against all claims based in whole or part on your or the end user’s failure to comply with these laws that you warrant that you will only make calls permitted by law.