TERMS & CONDITIONS
Client warrants any offer made by accepting a list furnished by TagQuest Marketing, Inc. (herein after Tag-Quest Marketing”) must be in good taste and conform to all federal, state and local laws, statutes and regulations.
TagQuest Marketing takes reasonable care in providing this information. However, because of the possibility of human error inherent in compiling database information and everyday turnover of information, TagQuest Marketing does not assume any liability for the correctness of this information, or the information from which it is compiled, and does not warrant the comprehensiveness, completeness, accuracy, or adequacy for any purpose or particular use of this information. Under no circumstances will TagQuest Marketing be liable to Client or third parties for incidental, special, consequential or exemplary damages, including, but not limited to lost profits, lost data, lost business, postal charges, costs, expenses, etc. TagQuest Marketing’s entire liability for any claim whatsoever relating to and/or under this Agreement shall not exceed the total amount of the charges paid by Client to TagQuest Marketing for the data on which the claim is based Client acknowledges the certain federal and state laws, rules and regulations restrict telemarketing and faxing activities, including provisions that permit consumers to give notice that they do not wish to receive sales solicitation calls. Due to the varying and charging nature of such provisions, TagQuest Marketing makes no warranty, express or implied, that the names, telephone numbers and fax numbers of such individuals have been identified on or deleted from data received from TagQuest Marketing. TagQuest Marketing shall not be responsible for any laws, rules or regulations relating to Client’s use of said data, including, without limitation, any such laws, rules or regulations that are specific to Client or its business (example: state insurance law or local laws governing real estate agents). Many states allow civil penalties for using fax lists for unsolicited fax broadcasting; client needs to check their state and local laws on unsolicited faxing. Client assumes legal risk for use of fax lists. The outcome of client’s marketing promotions is not guaranteed.
Client agrees that the information provided is for their use only and that the names, addresses, etc. will not be duplicated or resold. Our lists are seeded with decoy names to protect against unauthorized use. Client may use TagQuest Marketing’s data solely for Client’s internal direct marketing program (telemarketing and/or direct mail campaign) and for no other reason.
Due to the fact that our products can be copied easily, orders can not be returned for refunds or credits. Client understands that they have the right to cancel this order within two business days from receipt of payment by TagQuest. Thereafter, they will not be entitled to refunds, returns or exchanges. They also understand that TagQuest shall be entitled to a processing fee of $ 175.00 if I choose to cancel this order within the allowed time period. The terms of this agreement shall be governed by the laws of the State of Oregon and shall conform to the normal standards in the industry.
Clients shall indemnify, defend and hold harmless TagQuest Marketing from and against any and all liabilities (including claims from negligence by TagQuest Marketing), damages, losses, costs, fees, expenses, attorney’s fees, etc. arising out of, or related to Client’s use of data received by TagQuest Marketing, Inc. By accepting the information, Client consents to the jurisdiction of the courts of the State of Oregon and to the applicability of Oregon law to resolve any dispute hereunder. Client agrees that Oregon is reasonably convenient forum to resolve any dispute hereunder and waives any defense of improper venue and any right to transfer any action filed against it to another venue.
Client acknowledges that data received from TagQuest Marketing, unless specified as pre-screened data, has not been collected for credit purposes and is not intended to be indicative of any consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living (as such terms are used in section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC 1681a). Client certifies that it shall not use said data as a factor in establishing any consumer’s eligibility for (a) credit or insurance used primarily for personal, family or household purposes, (b) employment purposes, (c) other purposes authorized under Section 604 of FCRA, 15USC 1681b. Client also acknowledges that TagQuest Marketing’s Pre-screened Credit Scored Data, is to be used strictly for the purpose of offering a pre-approved offer of credit or insurance, that opt-out statements must be on the mail piece and/or telemarketing script and that the mail piece script must be pre-approved by TagQuest Marketing before data can be delivered to the client. Client also agrees that any changes to said mail piece or script must be approved for future orders. Use of pre-screened data must meet all requirements of section 603(d) of the FCRA, 15 USC 1681a as mentioned above.
Fair Information Practices. No solicitations made using a list supplied by TagQuest Marketing shall make reference to any selection criteria or presumed knowledge regarding the intended recipient of such solicitation, or the source of the recipient’s name and address, except to the extent such selection criteria, knowledge or source of information is derived from Client-owned data. The Client shall comply with all federal, state, and local laws and regulations in connection with any use made of data received from TagQuest Marketing. The Client shall not use or permit others to use such data for purposes of mailing pornographic or sexually explicit material, chain letters, pyramid fund raising solicitations or other similar purposes. Upon TagQuest Marketing’s request, Client shall furnish TagQuest Marketing with a sample mail piece to enable TagQuest Marketing to verify Client’s compliance with such restrictions.
Client understands that a 7-10% undeliverable rate is an acceptable rate of return. For orders that include phones, it is understood that 15% is an acceptable disconnect rate. Where phone numbers are included in the list, Client must provide proof of Federal Do Not Call Registration (Subscription Account Number or SAN). It is the responsibility of the Client to register for the area codes which are purchased. The Client must be registered as a “seller” making the SAN a “sharable” SAN. It is also understood that it is the full responsibility of the Client to insure that the numbers called are not on the Federal Do Not Call list. TagQuest Marketing, Inc. assumes no liability for damages and expenses occurred from the violation of the Do Not Call legislation.