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Right On Target Sales Leads® Terms & Conditions
In this agreement, the terms "you" and "your" refer to the party utilizing Right On Target Sales Leads® materials and the term " Right On Target Sales Leads® materials" refers to any materials or services (including, but not limited to data) provided by Right On Target Sales Leads®.
Upon acceptance of this section and full payment of all amounts owed to Right On Target Sales Leads®, the company grants you a personal, nontransferable and nonexclusive license to possess and use Right On Target Sales Leads® materials solely for your direct marketing, research, reference or customer prospecting purposes in strict accordance with the terms of this Agreement.
Except when specifically authorized in writing by Right On Target Sales Leads®, you cannot share or sell the Right On Target Sales Leads® materials and you are responsible for any use of it. You agree that: a) you will not give access to any portion of Right On Target Sales Leads® materials to any unauthorized party without the prior written consent of Right On Target Sales Leads®; b) you will not use any Right On Target Sales Leads® materials for consumer credit, employment, tenant screening, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any similar regulation; c) you shall not name Right On Target Sales Leads® or its affiliated companies or refer to the use of Right On Target Sales Leads® materials in any advertisements, promotional or marketing material; and d) you shall indemnify and hold harmless Right On Target Sales Leads®, its affiliated companies and their respective officers, employees and agents ("Indemnified Parties") against any loss, liability, damage, cost or expense (including, but not limited to, reasonable attorneys' fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the Right On Target Sales Leads® materials or the breach of this Agreement.
It is an express condition of this Agreement that in using the Right On Target Sales Leads® materials: you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy. Right On Target Sales Leads® reserves the right to review materials to be used by you in promotions to ensure that your use of the Right On Target Sales Leads® materials is both appropriate and in accordance with the permitted uses; however, Right On Target Sales Leads® 's failure to review any such materials shall not constitute acceptance or in any other way waive any rights Right On Target Sales Leads® may have or limit any obligations you may have with regards to the use of the Right On Target Sales Leads® materials.
ALL Right On Target Sales Leads® MATERIALS ARE PROVIDED ON A STRICTLY "AS IS" BASIS. Right On Target Sales Leads® DOES NOT ASSURE OR WARRANT FULL accuracy, COMPREHENSIVENESS OR COMPLETENESS OF THE MATERIALS AND EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, Right On Target Sales Leads® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR NONINFRINGEMENT FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES, Right On Target Sales Leads® OFFERS TO YOU THE FOLLOWING LIMITED WARRANTY: YOU SHALL HAVE 7 DAYS AFTER RECEIPT OF THE MATERIALS, TO INSPECT IT AND NOTIFY Right On Target Sales Leads® OF ANY PROBLEMS OR MISTAKES. IF Right On Target Sales Leads® HAS MADE A MATERIAL MISTAKE, THEN IT WILL CORRECT THE MISTAKE AT NO ADDITIONAL CHARGE. IF YOU DON'T NOTIFY Right On Target Sales Leads® OF ANY PROBLEMS OR MISTAKES WITHIN THE 7 DAY PERIOD, Right On Target Sales Leads® SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU. YOU EXPRESSLY AGREE THAT Right On Target Sales Leads® SHALL NOT BE LIABLE FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF THE Right On Target Sales Leads® MATERIALS WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE OR SHOULD THIS LIMITED WARRANTY FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL Right On Target Sales Leads® 'S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO Right On Target Sales Leads® UNDER THIS AGREEMENT.
This policy may be amended at any time at the discretion of Right On Target Sales Leads®.
USE OF THE Right On Target Sales Leads® MATERIALS CONSTITUTES YOUR CONSENT TO THIS AGREEMENT.
DO NOT USE THE Right On Target Sales Leads® MATERIALS IF YOU FIND THESE TERMS UNACCEPTABLE.
Effective Date: September 1, 2009
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