USAGE
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.
GUARANTEE
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.
TERMS
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, TEXT, FAX AND EMAIL 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.
You agree that it is your responsibility to understand and comply with all Federal, State and Local laws, rules, and regulations regarding both Landline Phones, Wireless (Cell) Phones, Fax Numbers and Email Addresses including do not call and do not fax regulations including, without limitation, (a) The Telephone Consumer Protection Act of 1991; (b) CAN SPAM ACT OF 2003, (c) The Junk Fax Protection Act of 2005, (d) the California Shine the Light Law of 2005, (e) California Consumer Privacy Act (CCPA) (f) any rules or regulations promulgated by the Federal Communications Commission, and (d) any State or Local laws governing facsimile transmissions (the “Facsimile Laws”), Text Transmissions and Cell Phone and Landline Dialing systems. You agree to obtain the same representation from each end user. You agree to indemnify and hold Dataman Group, Inc harmless against all claims based in whole or part on your or the end user’s failure to comply with Telephone Solicitation, Do Not Call, Email, Texting and Facsimile Laws. For the purpose of resolving any dispute in any way related to your use of the data product, the information, or these terms and conditions, the State and Federal courts located in Palm Beach County, FL shall have exclusive jurisdiction. You agree that such courts represent “convenient and appropriate” forums for this purpose.
