Agreement: The words “you” and “your” refer to the party utilizing the J. Holt & Associates (“JHA”) materials and/or services. The purpose of the Agreement is to furnish proprietary marketing information to you obtained by JHA from public documents which you agree to use for your own lawful marketing functions within the scope of your own professional activities pursuant to the terms and conditions set forth herein.
Limited License: Upon full and proper payment of all amounts due to JHA, JHA grants you an exclusive, non-transferable license for use of the JHA Lists provided. JHA provides each List for 12 MONTH USAGE ONLY. You acknowledge that the List and all the information on it are the exclusive property of J. Holt & Associates.
Your Responsibilities: You agree at all times to maintain the confidentiality of all information received under the JHA List Service. You further agree not to permit a third party, agent, employee or contractor and their agents to sell or lease, in any form in whole or part, the information received under the JHA List Service.
You shall not name J. Holt & Associates or refer to the use of the JHA list Service in any advertisements, promotional or marketing materials. Furthermore, JHA shall not be liable for any damages of any kind arising from unavailability, inaccuracies, errors, omissions, miscalculations, or misrepresentations of value, nor does JHA guarantee the success or response that you may desire from the JHA List Service. As such, you hereby absolve and fully release JHA, it’s agents, employees and representatives from any and all costs, loss, damage, expense, liability and causes of action whether foreseeable or not, or from any other cause whatsoever, that you may suffer arising from your use of the JHA List Service. In addition, you hereby agree to indemnify, defend, protect and hold JHA, its agents, employees and representatives, harmless from and against any loss, cost, damage, liability, claim, action or cause of action of any third party, whether foreseeable or not, (including attorneys fees and costs) which relate directly or indirectly to your use of the JHA List Service. You acknowledge that certain laws have been enacted which place restrictions upon telemarketing, faxing and emailing activities and that it is your sole responsibility to understand and comply with those laws.
Payments: First‐time clients agree to make full payment in advance of receiving the list. You must notify J. Holt & Associates within 30 days after receipt of any order it considers to be incorrect. Absent such notice, the order will be deemed correct.
Limitation of Liability: DATA FURNISHED IS OBTAINED FROM PUBLIC RECORDS. HUMAN ERRORS CAN OCCUR WHEN GOVERNMENT WORKERS RECORD DATA WHICH WE HAVE NO CONTROL OVER. JHA DOES NOT GUARANTEE THE ACCURACY OF THE DATA FURNISHED TO YOU, NOR DOES JHA MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You also understand that there could be up to a 5% margin of error per list for bad addresses. Credits will be provided for any bad addresses.
General Provisions: This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of Oregon, without regard to any conflicts of law principles. In addition, any action relating to any provision of this Agreement or your use of the J. Holt & Associates List Service shall be brought within the jurisdiction and venue of the courts located within Washington County, Oregon. JHA may assign any of its rights or delegate any of its duties hereunder. You may not transfer or assign this Agreement without JHA’s prior written consent. JHA has not made, and you are not relying upon, any warranties, representations, promises or statements made by JHA, except as expressly set forth herein. This Agreement supersedes any and all prior agreements and understandings, oral or written, between JHA and you. In the event any provision of this Agreement is found to be unenforceable, the remainder of this Agreement shall not be affected. Furthermore, this Agreement may not be altered, changed or amended except by an instrument in writing executed by both parties.
Please understand that there is a NO RETURN POLICY on all List orders. If you are unsure of how the order will be interpreted by J. Holt & Associates when processed, you should contact J. Holt & Associates for to clarify before placing the order.
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