ACCEPTANCE OF THIS ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS
Indemnity Agreement Regarding Do-Not-Contact Lists & Terms and Conditions
The undersigned (“Customer”) has requested to receive from TMone, certain data which may include the names and phone numbers of persons who may appear on one or more do-not-contact lists maintained by one or more States or other governmental entities. TMone has agreed to supply said data in exchange for the execution of this agreement and the related purchase order/invoice.
Customer agrees and warrants that all data which Customer receives from TMone, or any related subsidiary corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, and direct marketing. Customer acknowledges that it is Customer’s sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances and the identity of any registered or listed persons, Customer further warrants that Customer has requested the do-not-contact data based on the fact that, at the time of communicating or attempting to communicate with any person therein listed, Customer will be exempt from the application of all applicable do-not-contact laws, rules, regulations, and ordinances and that Customer understands the requirement that Do Not Call Registrants be purged from their calling list in accord with the procedures outlined by the FCC, FTC, and the individual States customer does business in, in the instances where exemptions may not be applicable.
Customer further agrees to indemnify and hold harmless TMone and all subsidiary and affiliated entities against any and all damages, fines, penalties and assessments finally awarded in any litigation, arbitration or administrative action, along with any settlement payments made in lieu thereof, including all related costs and attorney’s fees arising out of or otherwise related to the breach of this agreement, the Terms and Conditions, or any alleged violation of law, rule, regulation or ordinance based in whole or in part on Customer’s use of the data received from TMone or any related subsidiary corporation.
This agreement shall be governed by and construed in accordance with the internal laws of the State of Iowa without regard to its conflict of law rules. Customer agrees that any dispute under this agreement or the Terms and Conditions shall be exclusively heard in the state and federal courts located in Iowa City, Johnson County, Iowa, and further agrees that said courts are a convenient and appropriate forum.
Please pay from this invoice. For proper credit, please send the remittance form with your payment. A finance charge of 1.5%, per month shall be added to the balance due if the balance is not paid within thirty (30) days from the invoice date.
Due to the fact that our products can be copied easily, no order will be returned or accepted for credit, or otherwise, unless first approved by TMone in writing.
For your convenience if buyer purchased one of TMone annual wholesale guarantees it will automatically renew 12 months from the said invoice date unless otherwise canceled in writing.
Buyer agrees that all electronic credit card payments are agreed to be paid for according to the card issuer agreement.
Limitations of Liability Buyer agrees, understands, and acknowledges that when TMone , sells a list to any customer, it neither assumes nor accepts any responsibility of any kind for defects, deficiencies, mistakes, ambiguities, or inaccuracies of any kind or effect with respect to the list rented herein, as these are the responsibility of the list owner or compiler which are third person and unrelated TMone, Buyer aggress, understands, and expressly acknowledges that while TMone believes this information to be accurate, it does not warrant or guarantee any degree of accuracy of the list purchased, nor the out come or results of any mailing or promotion or any other undertaking of the Buyer/ and TMone shall not be held liable in any manner with respect thereto or otherwise. The liability of TMone and its representatives shall be limited to the amount paid by buyer hereunder. TMone shall not be liable for indirect, special, incidental or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investments or the like) whether based on breach of contract, breach or warranty, tort (including negligence), product liability, or otherwise, even if TMone or it’s representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of it’s essential purpose. The limitations of damages set forth herein are fundamental elements of the basis of the bargain between TMone and buyer. TMone would not have been able to have provided its goods and services without such limitations.
Without in any way limiting the generality of the foregoing, TMone assumes no responsibility or liability for determining whether phone numbers on its lists may be registered under federal and/or state “do not call” laws or other laws governing telemarketers. All individuals and organizations covered by such laws shall be fully responsible for compliance therewith in connection with the use of lists rented hereunder.
Buyer shall not: re-rent or sell the list or otherwise permit any use of the list by or for the benefit of any party other than Buyer; publish, distribute or permit disclosure of the list, other that employees and agents of the Buyer for use in the Buyer’s business; use or permit use of the list for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from ant mailing list, geographic or trade business directories, classified directories, classified advertising, or other compilation of information which is sold, rented, published, furnished or in any manner provided to a third party; use or permit of the list for the generation of any statistical information which is sold, rented, published, furnished or in any manner provided to a third; use or permit of the list to prepare ant comparison to other information databases, which is sold, rented, published, furnished or in any manner provided to a third party; or use or permit of the list in connection with individual credit, employment or insurance applications.
All lists and other goods and services provided by TMone are provided ‘as is’ and TMone expressly disclaims all other representations and warranties, express or implied, relation to any such goods or services, including their fitness for a particular purpose, their quality, their security, their merchantability or their non-infringement.
No Legal Advice It is acknowledged that the Client is not relying upon TMone with respect to any legal advice in connection with the services rendered by TMone pursuant to this Agreement. TMone hereby advises Client, and Client herby acknowledges, that the Federal Telephone Consumer Protection Act of 1991 (the “TCPA”), The FCC and the FTC’s Telemarketing sales rules, regulates the use of telecommunications for marketing products and services. Client represents and warrants to TMone that any and all actions taken by Client pursuant to this Agreement shall be in compliance with the provisions of the TCPA. FCC and FTC regulations and that TMone shall have no liability whatsoever for ant actions done or performed, or caused to be done or performed by Client or Clients customers in connection with the Services, and Client agrees to indemnify and hold TMone harmless there from.
Indemnification TMone shall not be liable to Client, or to anyone who may claim any right, due to TMone’s relationship with Client, for any acts or omissions in the performance of said services on the part of TMone or on the part of TMone’s agents, officers, directors, or employees or assigns which results from the delivery of Services made to Client by TMone and it’s agents, officers, directors, employees or assigns, unless said acts or omissions of TMone or its agents, offices, directors, employees or assigns are due to their gross or willful misconduct.
TMone, will not accept any returns or make any reimbursements, NO EXCEPTIONS. All orders, whether verbal or in writing, received from the Buyer by TMone required TMone to create a custom order for the client. Therefore, the Buyer is responsible for the payment of this custom order: and this financial responsibility shall not be released due to the Buyer rejecting said order, refusing to accept shipment, “stop payment” on their checks, or changing the nature of the order, etc.
Buyer aggress to reimburse TMone, for all expenses, including reasonable attorney’s fees, incurred by TMone, to this agreement, the products rented hereunder, and/or payments due therein, shall be in Johnson County, IA, and in the judicial district then closest in proximity to the headquarters of TMone Buyer expressly acknowledges personal jurisdiction within Iowa. No modifications of this agreement may be made unless they are in writing and signed by the party to be charged. Time is expressly declared to be the essence of this agreement, and it is specifically agreed that no waiver of any breach or default by the Buyer shall be deemed a waiver of any breach or default thereafter occurring. TMone, as a result of Buyer’s failure to pay when due the invoice prices herein. Venue for the filing of any action related herein shall be in Johnson County, Iowa within the judicial district closest to TMone, headquarters.
ACCEPTANCE OF THIS ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS
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