1
The term “User” means you (the person placing this order) and/or your company (the company on whose behalf you are placing this order), its officers, employees, agents, and assigns; and/or the cardholder (the person designated by you as the name appearing on the credit card on which this order is placed). The term “BNH” means Data Partners Inc., a Florida corporation d/b/a "BrandNewHomeowners.com” its officers, employees, agents, and assigns.
2
BNH and User agree to be bound by the terms of quantity, price, and payment in regard to this online transaction (the “Order”) and acknowledge the adequacy and sufficiency of the consideration exchanged.
3
These Terms & Conditions apply to every Order placed with BNH, and any different, additional, or supplemental terms or conditions supplied by the User are hereby expressly rejected by BNH and shall be without effect.
4
BNH grants to User a limited, temporary, non-exclusive license to use the product(s) delivered pursuant this Order (the “Data”) for the limited purpose of conducting a single instance of lawful marketing or legitimate business purposes related to marketing. Any other use, including creation of a derivative product, is prohibited and shall constitute a material breach of this Agreement. Use of the Data for an unlawful purpose or use of the Data by unlawful means is expressly prohibited. BNH.com retains any and all ownership rights in the Data and no interests other than the limited license described herein shall inure to the benefit of User.
5
User is advised and acknowledges (a) that the Data provided in the Order may contain telephone numbers that appear on both federal and state Do Not Call lists; and (b) 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.
6
User is advised that no federal or state Do Not Call lists will be accessed by BNH on User’s behalf or purged from the Data supplied to User. BNH is NOT a Do Not Call compliance provider, and none of the Data are warranted to be legally compliant with Do Not Call laws. It is User’s responsibility alone to ensure that the Data, and User’s use of the Data, complies with all Do Not Call laws.
7
As part of this online transaction, BNH has expressly requested User’s Subscriber Account Number (“SAN”) as proof of User’s compliance with federal Do Not Call laws. User may, at its option, for privacy concerns or otherwise, proceed to complete this transaction without disclosing its SAN to BNH. Whether User chooses to disclose or refuses to disclose its SAN pursuant to this online transaction, User hereby warrants and affirms that all of the following are true and correct: (a) that it now has a valid, active, and legally sufficient SAN to allow User to access the federal Do Not Call list and purge any telephone numbers appearing on the federal Do Not Call list from the Data supplied to User pursuant to this Agreement; and (b) that User or a third-party provider acting on User’s behalf, will, in fact, purge all federal and state Do Not Call numbers from the Data prior to telemarketing. See https://telemarketing.donotcall.gov/ for more information regarding obtaining a SAN and ensuring compliance with applicable laws.
8
User expressly acknowledges and agrees that (a) unit numbers (e.g., apartment or suite numbers) may not be supplied on some or all of the Data; (b) that the absence of unit numbers may negatively affect deliverability of mail using the Data; and (c) that BNH makes no representation, guarantee, or warranty that the Data accurately states the mailing address of residents in multiple-family dwelling units such as apartments, high-rises, or condominiums.
9
User agrees that BNH bears no responsibility for errors in the query, compilation, selection, or provision of the Data. BNH has taken commercially reasonable steps to ensure the accuracy of the Data but does not guarantee and hereby disclaims any and all warranties of any kind, express or implied, regarding the Data, including, but not limited to, warranties of accuracy, deliverability, completeness, currentness, merchantability, fitness for a particular purpose, or compliance with any law or regulation which are hereby expressly disclaimed. The Data is supplied to User “AS IS” with any and all defects.
10
In no event shall BNH be liable to User for any special, indirect, incidental, or consequential damages of any kind, including, but not limited to, damages for loss of goodwill, loss of profits, business interruption, or any other loss, arising out of the use, resale, or provision of the Data.
11
User agrees that in no event will BNH’s total liability to User under or related to this Agreement exceed the amounts actually paid by User to BNH. User, to the fullest extent permitted by law, hereby knowingly and freely waives all right or claim to any other damages or legal recourse against BNH.
12
User hereby agrees, to the fullest extent permitted by law, to indemnify and hold harmless BNH for any and all claims, suits, penalties, fines, fees, damages or losses, including attorney fees, that may arise from User's breach of its representations and warranties made herein or its acts or omissions involving the use of the Data.
13
This Agreement shall be governed by the laws of the state of Florida (except any Florida or other law regarding 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 and venue in the federal and/or state courts located in Lee County, Florida, USA, for any and all claims arising out of or relating to this Order.
14
The User warrants that he/she is 18 years of age or older and is authorized to enter into this Agreement on User’s behalf.
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