This Agreement controls the Advertiser’s purchase of “Data Files” from the Company. The conditions, quantities, and other specifics of each Data File purchase shall be agreed to in an Order or Ticket, which is deemed an integral part of this Agreement. The terms of this Agreement shall govern each Order or Ticket. In the event of any discrepancy between the terms of this Agreement and an Order or Ticket, the terms of this Agreement shall control. As used herein, “Data Files” shall mean the data record for an individual (whether or not any such individual becomes an actual customer of Advertiser or its client(s)), which has been compiled by multiple third-party sources.
Advertiser shall pay the Company the applicable rates and fees (collectively, the “Fee”) for the Data File, as established in each applicable Order or Ticket. All applicable fees set forth in an Order or Ticket shall be paid by the Advertiser in advance of its receipt of any of the applicable Data Files. Advertiser will provide the Company with valid credit card or ACH information. By providing a credit card or ACH information, the Advertiser authorizes the Company to charge such credit card or bank account for the Fee. All sales are final and non-refundable except as expressly provided in an applicable Order or Ticket.
3. Acknowledgement; Disclaimer.
a. Compliance with Applicable Law. By accessing and using any Data File, Advertiser, on its behalf and that of its affiliates or subsidiaries (each, a “User”), represents and warrants that its use of any and all Data Files will be in strict compliance with all applicable Company guidelines, as well as all applicable local, state, national, federal and international laws, rules and regulations including, but not limited to, the Gramm-Leach Bliley Act of 1999 (15 U.S.C. §§ 6801 et seq.) and the Federal Trade Commission’s Safeguards Rule (16 CFR Part 314), the Fair Credit Reporting Act, the Federal Trade Commission Act, the CAN-SPAM Act of 2003, as amended (“CAN-SPAM”), the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200) (the “TCPA”), the Fair Debt Collection Practices Act, the Federal Communications Act, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq., and laws governing the National Do-Not-Call Registry, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), the HIPAA Privacy Rule, the HIPAA Security Rule, and all rules and regulations promulgated under any of the foregoing (collectively, “Applicable Law”). Without limiting the foregoing, each User represents and warrants that, where such User intends to conduct any telemarketing activities in connection with any Data File, it has the legal authority to download information from the National Do Not Call Registry (“NDNCR”) using a Subscription Authorization Number (“SAN”).
b. Disclaimers. Each User acknowledges that the Company utilizes multiple third-party sources and collection methods in its Data File compilation processes. The third-party sources are solely responsible for the content, accuracy, completeness, appropriateness, and/or validity of the Data Files and the legality associated with their collection and dissemination. Company does not represent or warrant that the Data Files and/or other information made available by and through the Data Files is accurate, complete, or appropriate or that such Data Files were collected in compliance with Applicable Law. The company makes no representation or warranty that the Data Files are collected in a manner that satisfies any applicable legal requirements for use in any specific ma
