ACCEPTANCE OF THIS ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS
Indemnity Agreement Regarding Do-Not-Contact Lists & Terms and Conditions The undersigned (?ustomer? has requested to receive from All-Show-Lists certain data which may include the names and phone numbers of persons who may appear on one or more do-not-contact lists maintained by one or more States or other governmental entities. All-Show-Lists has agreed to supply said data in exchange for the execution of this agreement and the related purchase order/invoice.
Customer agrees and warrants that all data which Customer receives from All-Show-Lists and any related corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone, fax, and email solicitation, and direct marketing. Customer acknowledges that it is Customer? sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances and the identity of any registered or listed persons, Customer further warrants that Customer has requested the do-not-contact data based on the fact that, at the time of communicating or attempting to communicate with any person therein listed, Customer will be exempt from the application of all applicable do-not-contact laws, rules, regulations, and ordinances and that Customer understands the requirement that Do Not Call Registrants be purged from their calling list in accord with the procedures outlined by the FCC, FTC, and the individual States customer does business in, in the instances where exemptions may not be applicable.
Customer further agrees to indemnify and hold harmless All-Show-Lists and parent company and affiliated entities against any and all damages, fines, penalties and assessments finally awarded in any litigation, arbitration or administrative action, along with any settlement payments made in lieu thereof, including all related costs and attorney? fees arising out of or otherwise related to the breach of this agreement, the Terms and Conditions, or any alleged violation of law, rule, regulation or ordinance based in whole or in part on Customer? use of the data received from All-Show-Lists or any related parent and subsidiary corporation.
This agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey without regard to its conflict of law rules. Customer agrees that any dispute under this agreement or the Terms and Conditions shall be exclusively heard in the state and federal courts located in Essex County, NJ, and further agrees that said courts are a convenient and appropriate forum.
Please pay from this invoice. For proper credit, please send the remittance form with your payment. A finance charge of 1.5%, per month shall be added to the balance due if the balance is not paid within thirty (30) days from the invoice date.
Due to the fact that our products can be copied easily, no order will be returned or accepted for credit, or otherwise, unless first approved by All-Show-Lists in writing.
For your convenience if buyer purchased one of All-Show-Lists annual wholesale guarantees it will automatically renew 12 months from the said invoice date unless otherwise canceled in writing. The lists will be available two months or earlier before the show dates.
Buyer agrees that all electronic credit card payments are agreed to be paid for according to the card issuer agreement.
Limitations of Liability
Buyer agrees, understands, and acknowledges that when All-Show-Lists, sells a list to any customer, it neither assumes nor accepts any responsibility of any kind for defects, deficiencies, mistakes, ambiguities, or inaccuracies of any kind or effect with respect to the list rented herein, as these are the responsibility of the list owner or compiler which are third person and unrelated All-Show-Lists, Buyer aggress, understands, and expressly acknowledges that while All-Show-Lists believes this information to be accurate, it does not warrant or guarantee any degree of accuracy of the list purchased, nor the outcome or results of any mailing or promotion or any other undertaking of the Buyer/ and All-Show-Lists shall not be held liable in any manner with respect thereto or otherwise. The liability of All-Show-Lists and its representatives shall be limited to the amount paid by buyer hereunder. All-Show-Lists shall not be liable for indirect, special, incidental or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investments or the like) whether based on breach of contract, breach or warranty, tort (including negligence), product liability, or otherwise, even if All-Show-Lists or it? representatives have been advised of the possibility of such damages,<