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Terms and Conditions |
By purchasing mailing lists from OneIMS, you have agreed to be bound by the accompanying Terms and Conditions.
LIMITED LICENSE: Upon download you will have a limited license to use the information delivered to you subject to these terms and conditions. You agree not to sell, sublicense, transfer or otherwise make available any portion of the information to anyone outside of your business organization.
CUSTOMER RESPONSIBILITIES: You agree that it is your responsibility to understand and comply with all federal, state, and local laws, rules, and regulations including do not call and do not fax regulations. You agree to indemnify and hold OneIMS and its subsidiaries harmless against all claims related, in whole or in part, to your failure to comply with such laws, rules, and regulations. For the purpose of resolving any dispute in any way related to your use of the information, or these terms and conditions, the state and federal courts located in Chicago, Illinois shall have exclusive jurisdiction. You agree that such courts represent “convenient and appropriate” forums for this purpose.
EXCLUSIVE LIMITED WARRANTY: OneIMS compiles or purchases its databases from various sources and where appropriate verifies the information. OneIMS cannot and does not assume any liability for the correctness or comprehensiveness of the information. You will have 14 days after purchasing the information to inspect and notify OneIMS of any operational problems or material mistakes with regards to the information. If OneIMS is notified of an operational problem or material mistake within 14 days from the date of your purchase then OneIMS will correct the problem or, in its sole discretion, refund that portion of the purchase price relating to the materially mistaken information. This warranty is a limited warranty and OneIMS makes no other warranties, express or implied, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. In no event shall OneIMS be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. If this limited warranty should fail of its essential purpose, and in all other cases, OneIMS’s entire liability shall be limited to the amount actually received by OneIMS on account of your purchase.
This information is rented to the buyer for its internal use only within one year from the date of rental.
There is NO refund guarantee for any undeliverable mail or any other inaccuracies. (See #2)
We require the Buyer to use this information in compliance with any and all applicable Federal and State laws, rules and regulations, including but not limited to those concerning fax broadcasts (see #2), e-mail transmissions and direct marketing.
The Buyer may not make improper use of the data (see #3)
1. We do not warrant the comprehensiveness, completeness or accuracy of our databases or lists. The databases and lists are provided to the customer "as is", without guaranty, and we make no express or implied warranties, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. We shall not be liable for any consequential, incidental, special damages, lost profits or any damages of a similar nature even if we have been advised of the possibility of such damages.
2. Any Buyer violating such laws may be subject to civil and criminal penalties, which may exceed $500 for each transmission of an unsolicited facsimile. Buyers will respect the privacy of consumers and will not imply to an individual that any specific information is known about that individual.
3. Use or permit the use of the information for generating any statistical information or to prepare any comparison with other information databases which are sold, rented, published, furnished or in any manner provided to a third party.
Use or permit the use of the information in connection with individual credit, employment or insurance applications.
Re-rent the information or otherwise permit any use of the information by or for the benefit of any party other than Buyer.
Publish, distribute or permit disclosure of the information, other than to employees and agents of the Buyer for internal use in the Buyer's business.
Use or permit use of the information for the purpose of compiling, enhancing, verifying, supplementing or deleting from any mailing list, geographic or trade directories, 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.
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