CallNot.Com (hereinafter collectively known as the Company) agrees to provide products and services subject to the terms and conditions stated herein unless otherwise agreed to in writing by the Company. Acceptance or use of one or more product or service (hereinafter named The Services) offered by the Company in any form by the subscriber or its agent, constitutes the subscriberís full acceptance of, and agreement with, the terms and conditions stated herein.
Our company and its agents agree that use of The Service is strictly for the purpose of removing individuals from lists and the Company authorizes its use for no other purposes. We understand that the services are intended exclusively for our use and we shall not copy, disseminate, sublet, resell, or republish in any manner whatsoever. Our acceptance below is a representation and warranty on behalf of our company and its agents that use of the CallNotís List Management Service will be solely for the authorized purpose specified in this agreement.
We agree that unauthorized use of the The Service would cause irreparable harm to the direct marketing industry. Any unauthorized use of this service or use for an unauthorized purpose may subject violator to appropriate recourse to be determined by the Company, including but not limited to (1) notifying the Federal Trade Commission or applicable legislative authority, (2) injunctive or equitable remedies, or (3) monetary damages or sanctions.
Our Company recognizes the value to the industry and to the CallNot of maintaining the integrity of the CallNotís List Management Service. Accordingly, on behalf of itself and its agents, my company understands that the Company intends to pursue any breach of this agreement to the fullest extent possible under law.
Use of the CallNotís List Management Service does not relieve a participating merchant from complying with any applicable federal, state or foreign law governing unsolicited commercial communications. Many states have enacted some type of legislation governing solicited and unsolicited commercial communications. The requirements of these laws vary and participating merchants are strongly encouraged to comply with all applicable legal requirements.
We, the subscriber, agree that: (a) It is our RESPONSIBILITY to ascertain and comply with any and all Federal, State and Local laws and statutes, including those that pertain to Do-Not-Call laws and regulations; (b) By signing this agreement we agree to hold the Company harmless from all liabilities, damages, losses, claims, costs, and expenses (including attorneys' fees) from our failure to abide by all applicable Federal, State and local laws and statutes.
The Company shall not be responsible for, or incur any liability, as a result of delays or failures in the performance of its services in the event of any act or occurrence beyond the Companyís reasonable control.
We agree to protect our password and will not disclose the password to an unauthorized individual. We will promptly notify the company if our password is lost, stolen or otherwise compromised.
If we, the subscriber, are not satisfied with the purchased product or service, the Company will refund the purchase price within 30 days of the signing of this agreement and upon receipt of the returned merchandise.
We, the Subscriber, acknowledge that information and/or programs originating from or through the Company and delivered to us may be less than 100% error free and is furnished "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF CORRECTNESS, COMPLETENESS, CURRENTNESS, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO US FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY THE COMPANYíS NEGLIGENT ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING THE CALLNOTíS LIST MANAGEMENT SERVICE, DIRECTLY OR INDIRECTLY. THE COMPANYíS SOLE LIABILITY AND OUR SOLE REMEDY REGARDLESS OF THE FORM OF LEGAL ACTION WE MAY TAKE, WHETHER IN TORT OR CONTRACT, SHALL NOT EXCEED THE REFUND OF THE AMOUNTS, IF ANY, WE HAVE PAID. WE AGREE THE COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES THE CALLNOTíS ENTIRE LIABILITY AND OUR SOLE REMEDY FOR ANY BREACH HEREUNDER.
We shall indemnify, defend and hold the Company harmless from and against any and all liabilities, damages, losses, claims, costs, and expenses (including attorneys' fees) arising from our use of the CallNotís List Management Service provided by the Company.
We understand that the Company reserves the right to modify or discontinue its CallNotís List Management Service at any time. The Terms and Conditions hereunder may be amended from time to time, and the Company may add further restrictions at its sole discretion.
The terms and conditions contained herein will be governed by, and construed, in accordance with the laws of the State of New York, which are intended to supersede any choice of laws or rules which might otherwise be applicable. We consent to the jurisdiction of the courts of the State of New York, whether Federal, state, or local with respect to any actions that may arise out of, or relate to, this arrangement.
If your company is located in one of the 15 Member States of the European Union, you are subject to the European Data Protection Directive. If you may need a written contract with CallNot.com to assure your authorities that we are treating the list you send to us in the appropriate manner as a data processor, please print this form, and review the terms and conditions that we commit to all list owners, but which we have reformatted for the benefit of European list owners. If you wish, you may download this document, sign it, and send it to us and we will return you a signed copy for your files.
I understand and agree to the above terms and Conditions.