Terms and Conditions

Terms and Conditions

Auto Data Solutions, Inc. Use of Data and Lists
Customer warrants and guarantees he/she/it is a merchant as understood in the Uniform Commercial Code of the State(s) in which it operates, that the list(s) rented hereunder is/are to be used for a one-time use only, and that no record of the names, addresses, etc. will be retained or duplicated. Additionally, Customer is strictly prohibited from using information about any rented list as part of Customer’s telephonic presentation or printed mail piece.  NO EXCEPTIONS PLEASE.

Use of Email Data
Can Spam Act of 2003: Customer agrees that any use of data will be in compliance with all applicable state and federal laws, including the CAN-SPAM Act of 2003 and Customer’s own privacy policies. If Customer uses this data to send e-mail messages, such compliance includes but is not limited to: (1) not using forged, false or misleading header information; (2) not using false or misleading subject lines; (3) including the sender’s physical address (not a P.O. box); (4) clearly identifying the e-mail message as an advertisement; (5) providing an opt-out notice with a functioning opt-out mechanism via e-mail or the Internet which is operational for at least 30 days after sending the message; (6) honoring opt-out notices within 10 business days of receipt of each opt-out request; and (7) for e-mail messages with sexually explicit material, including a warning in the subject line and requiring an additional step to view the material after opening the message. If reselling, sharing, renting or transferring this data, such compliance includes but is not limited to not reselling, sharing, renting or transferring the e-mail addresses of recipients who have opt-ed out of receiving e-mail messages. CUSTOMER AGREES NOT TO SELL, SHARE, RENT OR TRANSFER THIS DATA TO OR WITH ANY PERSON OR ENTITY WHICH DOES NOT AGREE TO USE THIS DATA IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS, INCLUDING THE CAN-SPAM ACT OF 2003, AND WITH ITS OWN PRIVACY POLICIES. Customer agrees to indemnify Seller, its clients, owners, officers, partners, members, managers, employees, agents, subsidiaries, and their respective successors and assigns, against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising from or related to Customer’s breach or alleged breach, or the breach or alleged breach of any person or entity to whom Customer may have sold the data, of the promises and obligations herein. Gramm-Leach Bliley Act and the FTC Telephone Sales Rule: Customer agrees to follow all applicable state and federal laws concerning the protection and use of personal record data including but not limited to The Gramm-Leach Bliley Act and the FTC Telephone Sales Rules. Customer agrees to defend, indemnify and hold harmless Seller, its subsidiaries and affiliates, and their respective officers, directors, agents, and employees against any loss, damage, expense, or cost, including reasonable attorney’s fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration or other proceeding by a third party based on: (i) any act or omission that constitutes a breach of any covenant, duty, representation, or warranty of Customer under this Agreement, or (ii) any claim that Seller’s proper use of the Customer trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party. The provisions of this agreement shall survive the expiration or termination of this Agreement.

Customer understands that although there are industry averages that may be quoted by representatives individual results vary. No guarantee is given for any results from the usage of products sold or services provided. It is recommended that you check with your internet service provider and deployment company before deploying any type of email advertisements, announcements, or other correspondence regardless of your relationship with email recipients.

Customer may rent the list rented hereunder for confidential use by Customer for a period not exceeding six (6) months from the date of rental to Customer. Without prior written consent, Customer shall not: (a) re-rent the list or otherwise permit any use of the list by or for the benefit of any party other than Customer; (b) publish, distribute or permit disclosure of the list, other than to employees and agents of the Customer for use in the Customer’s business; (c) use or permit use of the list for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, geographic or trade 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; (d) use or permit of the list for the generation of any statistical information which is sold, rented, published, furnished or in any manner provided to a third party; (e) use or permit of the list to prepare any comparison to other information databases, which is sold, rented, published, furnished or in any manner provided to a third party; or (f) use or permit of the list in connection with individual credit, employment or insurance applications.

For purchased email data which Customer chooses to deploy themselves, Customer understands that there is a strict “NO REFUND” policy. Although only quality products and services is provided, there shall be no liability or responsibility for the success of Customer’s email campaign due to several factors that cannot be controlled including but not limited to the following: (a) tracking and quantifying the success of Customer’s campaign; (b) the look and feel of Customer’s creative; and (c) deployment strategies; etc. Because of said factors, it is recommended that Customer have AutomotiveData.Net deploy email campaigns to track bounces, open rates, click-through to website offers, etc.
All lists and other goods and services are provided ‘as is’ and all representations and warranties, express or implied, relating to any such goods or services, including their fitness for a particular purpose, their quality, their security, their merchantability or their non-infringement are disclaimed. 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 in writing.

No Legal Advice; Compliance with Applicable Law
Customer acknowledges and agrees that: (a) it is not relying any legal advice in connection with the use of data or lists and (b) all data which Customer receives under the Order Confirmation 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 solicitation, e-mail solicitation, fax broadcasts and direct marketing. Customer understands that any person violating such laws may be subject to civil and criminal penalties. Customer acknowledges that it is Customer’s sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances. Without in any way limiting the generality of the foregoing, there shall be no responsibility or liability of AutomotiveData.Net for determining whether phone numbers on its lists may be registered under federal and/or state “do not call” laws or other laws governing telemarketers, and Customer shall be fully responsible for compliance therewith in connection with the use of lists rented hereunder. Customer represents and warrants that any and all actions taken by Customer shall be in compliance with the provisions of all applicable laws and regulations and that AutomotiveData.Net shall have no liability whatsoever for any actions done or performed, or caused to be done or performed by Customer, and Customer agrees to indemnify and hold AutomotiveData.Net harmless therefrom.

AutomotiveData.Net Order Confirmation
The Customer acknowledges and agrees that the Order Confirmation and these Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings, oral and written, with respect to the subject matter hereof. No representation, warranty, promise, inducement or statement of intention has been made which is not embodied in these Terms and Conditions or the Order Confirmation, and no party shall be bound by, or be liable for, any alleged representation, warranty, promise, inducement or statement of intention not embodied herein or therein. Furthermore, handwritten information on the Order Confirmation will NOT be deemed to be a part of the agreement between the parties. All products supplied in conjunction with signed agreements are good for up to one (1) year after the date executed unless otherwise specified on the Order Confirmation. Note: All unused data (records) after the said expiration period will not be accessible.

AutomotiveData.Net Limitation of Liability
Customer agrees, understands, and expressly acknowledges that when AutomotiveData.Net rents 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. Customer agrees, understands, and expressly acknowledges that while AutomotiveData.Net believes its information to be accurate, it does not, except as otherwise provided in the Order Confirmation, warrant or guarantee any degree of accuracy of the list rented, nor the outcome or results of any mailing or promotion or any other undertaking of the Customer, and AutomotiveData.Net shall not be held liable in any manner with respect thereto. In all events, any liability hereunder or otherwise of AutomotiveData.Net and its representatives shall be limited to the amount paid by Customer for the applicable list. AutomotiveData.Net 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 investment or the like) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if AutomotiveData.Net or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth herein are fundamental elements of the basis of the bargain between AutomotiveData.Net and Customer, and Customer acknowledges and agrees that AutomotiveData.Net would not provide its goods and services without such limitations.

AutomotiveData.Net Indemnification 
AutomotiveData.Net shall not be liable to Customer, or to anyone who may claim any right, due to the parties’ relationship, for any acts or omissions in the performance of said services on the part of AutomotiveData.Net or on the part of its agents, officers, directors or employees or assigns which result from the delivery of services made to Customer by AutomotiveData.Net and its agents, officers, directors, employees or assigns, unless said acts or omissions of AutomotiveData.Net or its agents, officers, directors, employees or assigns are due to their gross negligence or willful misconduct.

AutomotiveData.Net will not accept any returns or make any reimbursements. NO EXCEPTIONS. All orders received from the Customer by AutomotiveData.Net require the creation of a custom order for the Customer. Therefore, Customer is responsible for the payment of this custom order; and this financial responsibility shall not be released due to the Customer rejecting said order, refusing to accept shipment, “stopping payment” on its check, or changing the nature of the order, etc.

Customer agrees to reimburse AutomotiveData.Net, for all expenses, including reasonable attorneys’ fees, incurred to enforce these terms and conditions or collect payments due hereunder. No modifications hereof may be made unless they are in writing and hand signed by the party to be charged. Time is expressly declared to be the essence hereof, and it is specifically agreed that no waiver of any breach or default by the Customer shall be deemed a waiver of any breach or default thereafter occurring. These terms and conditions and the related Order Confirmation shall be governed by and construed in accordance with the internal laws of the State of California without regard to its conflict of law rules. Customer agrees that any dispute hereunder shall be exclusively heard in the state and federal courts located in California and further agrees that said courts are a convenient and appropriate forum.

ACCEPTANCE OF AN ORDER CONSTITUTES
ACCEPTANCE OF THESE TERMS AND CONDITIONS