1. Client warrants any offer made by accepting a list furnished by Analytics, Marketing, & Growth (hereinafter referred to as “AMG”) must be in good taste and conform to all federal, state, and local laws, statutes, and regulations.
2. AMG takes reasonable care in providing this information. However, because of the possibility of human error inherent in compiling database information and everyday turnover of information, AMG does not assume any liability for the correctness of this information, or the information from which it is compiled, and does not warrant the comprehensiveness, completeness, accuracy, or adequacy for any purpose or particular use of this information. Under no circumstances will AMG be liable to Client or third parties for incidental, special, consequential, or exemplary damages, including, but not limited to, lost profits, lost data, lost business, postal charges, costs, expenses, etc. AMG’s entire liability for any claim whatsoever relating to and / or under this Agreement shall not exceed the total amount of the charges paid by Client to AMG for the data on which the claim is based. AMG shall not be responsible for any laws, rules, or regulations relating to Client’s use of AMG data, including, without limitation, any such laws, rules, or regulations that are specific to Client or its business (e.g. state insurance law, or laws governing real estate agents.) The outcome of Client’s marketing promotions is not guaranteed.
3. Client agrees that the names provided are for their own or their clients use only, and that the names and addresses will not be duplicated or resold. The AMG lists are seeded with decoy names to protect against unauthorized use. Client may use AMG’s data solely for Client’s direct marketing program, but for not other purposes.
4. Client shall indemnify, defend, and hold harmless AMG from and against any and all liabilities (including claims for negligence by AMG,) damages, losses, claims, costs, fees, expenses, attorney’s fees, etc. arising from, or related to, Client’s use of AMG data. The sale is entered into in Oklahoma County, Oklahoma, and is governed by the laws of the State of Oklahoma without giving effect to the principals of conflict of laws. If any dispute should arise between AMG and Client as to the Agreement or the Terms and Conditions, Client hereby expressly submits and consents to jurisdiction of the State District Courts of Oklahoma County, Oklahoma for the purpose of legal resolution. In the event that any of these Terms and Conditions is determined to be unenforceable, the other Terms and Conditions shall remain in full force and effect. Failure of AMG to enforce at any time any of the Terms and Conditions shall not be deemed a waiver of any of AMG’s rights and shall not affect the validity of the Agreement.
5. Client acknowledges that AMG’s data is not intended to be indicative of any consumer creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living (as such terms are used in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC 1681a.)
6. Fair Information Practices. No solicitation made using a list supplied by AMG’s data shall make a reference to any selection criteria or presumed knowledge regarding the intended recipient of such solicitation, or the source of the recipient’s name and address, except to the extent such selection criteria, knowledge, or source of information is derived from Client-owned data. The Client shall comply with all federal, state, and local laws and regulations in connection with any use made of AMG’s data. The Client shall not use or permit others to use such data for purposes of mailing pornographic, or sexually explicit material, chain letters, pyramid fund raising solicitations, or other similar purposes. Upon AMG’s request, Client shall furnish AMG with a sample mail piece to enable AMG to verify Client’s compliance with such restrictions.