General Terms & Conditions for Use of LeadListMart.com Data and Services
(a) The term “LeadListMart Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by LeadListMart, work product produced by LeadListMart, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by LeadListMart, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which LeadListMart may develop, use or rely upon in providing the Data to you.
(b) All LeadListMart Property shall be and will remain the property of LeadListMart.
(c) As between you and LeadListMart, LeadListMart shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the LeadListMart Property and the Data.
2. Limited License.
Upon payment in full for the data or services. LeadListMart grants you a personal, nontransferable and nonexclusive license to use the Data solely for your own business use.
3. Limitations on Use.
(a) Unless specifically authorized in advance and in writing by LeadListMart, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to LeadListMart or your use of the Data in any of your advertisements or promotional or marketing materials.
(c) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, or for any other purpose not expressly authorized by the Agreement.
4. Allowed Used and Restrictions
(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, and customer solicitation.
(b) Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.
5. Disclaimer of Warranties; Limited Warranty.
Free samples of the lists are available for inspection upon request prior to the purchase. Because the telephone lists are downloadable software files, there is no refund once you have received your purchased data. You should also be aware that every day telephone numbers are disconnected, moved, or changed; therefore, the data that are provided will NOT be 100% accurate at the time of purchase
THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. LEADLISTMART DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA. LEADLISTMART DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability.
LeadListMart will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data.
The data has NOT been scrubbed for DNC (Do Not Call) number or CELL phone numbers. It is the customers obligation to ensure compliance with Telephone Consumer Protection Act (TCPA) rules including compliance with the DNC registry.
If needed, there are several companies that scrub Do Not Call numbers as well as Cell Phone numbers from your lists. Example: Contact Center Compliance – Tel: 866-362-5478 – Web Site: http://www.dnc.com
7. Your Indemnification of LeadListMart.
You shall indemnify, defend and hold harmless LeadListMart, its owners and employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
8. Entire Agreement; Amendment or Waiver.
This Agreement contains the entire understanding between you and LeadListMart and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and LeadListMart. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.