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Terms and Conditions

Before proceeding to checkout you must indicate your acceptance to the terms and conditions of the use of the data you are about to purchase.

License Agreement and Disclaimer

For purposes of completing this online transaction, the term “Data User” means you (the person placing this order) and/or your company (the company on whose behalf you are placing this order) and/or the cardholder (the person designated by you as the name appearing on the credit card on which this order is placed). BNHO and Data User agree to be bound by the above terms of quantity, price, and payment in regard to this transaction and acknowledge the adequacy and sufficiency of the consideration exchanged.
By proceeding with this online transaction, Data User hereby agrees to license certain marketing data (“Marketing Data”) from Data Partners Inc., a Florida corporation d/b/a "BrandNewHomeowners.com", (hereinafter “BNHO”) according to the terms and conditions set out herein (“Data Agreement”).
Data User is expressly advised that the Marketing Data provided hereunder may contain telephone numbers that appear on both federal and state Do Not Call lists. Data User acknowledges and agrees that the Marketing Data is not guaranteed to ensure compliance with federal and/or state Do Not Call laws, and BNHO hereby expressly disclaims any such guarantee or warranty.
Data User acknowledges that it is a violation of federal and/or state law for non-exempt entities to telemarket to consumers without first subscribing to federal and/or state Do Not Call lists and identifying, purging, and refraining from calling telephone numbers on those lists.
Data User is expressly advised that no federal or state Do Not Call lists will be accessed by BNHO on Data User’s behalf or purged from the Marketing Data supplied to Data User. As part of this online transaction, BNHO has expressly requested Data User’s Subscriber Account Number (“SAN”) as proof of Data User’s compliance with federal Do Not Call laws. Data User may, at its option and risk, for privacy concerns or otherwise, proceed to complete this transaction without disclosing its SAN to BNHO. See https://telemarketing.donotcall.gov/ for more information regarding obtaining a SAN.
Whether Data User chooses to disclose or refuses to disclose its SAN pursuant to this online transaction, Data User hereby affirms under penalty of perjury that all of the following are true and correct: Data User now has a valid, active, and legally sufficient SAN to allow Data User to access the federal Do Not Call list and purge any telephone numbers appearing on the federal Do Not Call list from the Marketing Data supplied to Data User pursuant to this Agreement, and that Data User or a third-party provider acting on Data User’s behalf, will, in fact, purge all federal and state Do Not Call numbers from the Marketing Data prior to telemarketing.
Data User hereby agrees to comply with all applicable federal and state laws regarding use of the Marketing Data provided by BNHO and that BNHO bears no responsibility for ensuring such compliance. Specifically, and not by way of limitation, Data User shall comply with the terms of the FTC Telemarketing Sales Rule, 16 CFR, Part 310, and the FCC rules implementing the Telephone Consumer Protection Act of 1991, and Data User hereby agrees that its use of the Marketing Data will be in full compliance with those laws.
Data User hereby affirms under penalty of perjury that all of the following is true and correct: that the telemarketing script to be used with the Marketing Data is fair and reasonable, is without fraud or misrepresentation, has been reviewed by Data User or its legal counsel in light of the requirements of the FTC Telemarketing Sales Rule, 16 CFR, Part 310, and the FCC rules implementing the Telephone Consumer Protection Act of 1991, and Data User, or its legal counsel, has determined that the telemarketing script is fully compliant with those laws.
The Marketing Data furnished to Data User hereunder is by license, subject to the restrictions stated herein, and shall remain the exclusive property of the original compiler and its third-party suppliers. It is the express intent of the parties that no implied rights to the exclusive use of the Marketing Data are herein created or can by implication of law or interpretation inure to the benefit of Data User.
No use of the Marketing Data may be made by Data User other than that expressly stated in this Agreement. By way of example, and not limitation, Data User shall not have the right to resell the Marketing Data, or create, use, or provide to any other party, any directories, databases, or derivative products compiled through its use of the Marketing Data. BNHO provides data for lawful purposes only and expressly prohibits the use of its data for unlawful purposes or by unlawful means.
Data User agrees that the Marketing Data is sold “AS IS” and that BNHO bears no responsibility for errors in the query, compilation, selection, or provision of the Marketing Data. BNHO believes the information concerning the Marketing Data to be accurate, but does not guarantee and hereby disclaims any and all warranties of any kind, express or implied, regarding the accuracy of the Marketing Data, mail deliverability of the Marketing Data, or the outcome of Data User’s mailing, telemarketing, or other campaign.
Data User agrees that in no event will BNHO’s liability exceed the amounts actually paid to BNHO under this Data Agreement, and Data User, to the fullest extent permitted by law, hereby waives right or claim to any other damages or legal recourse
Data User hereby agrees, to the fullest extend permitted by law, to indemnify and hold harmless BNHO for any and all claims, suits, penalties, fines, fees, damages or losses, including attorney fees, that may arise from Data User's breach of its representations made herein or its acts or omissions involving the use of the Marketing Data.
This Data Agreement shall be governed by the laws of Florida (except as pertaining to conflicts of law), and in no event shall be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Lee County, Florida, for all claims arising out of or relating to this Agreement.
The Data User, or agent thereof, placing this order warrants that he/she is 18 years of age or older and is authorized to enter into this Agreement.

March 10, 2010

Number of new homeowners
added in the past 30 days:

136,517

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