Terms and Conditions from MALA Group, Inc dba MG Digital Direct further referred to as MALA Group Inc below.
1. Client warrants any offer made by accepting a list furnished by MALA Group Inc. must be in good taste and conform to all federal, state, and local laws, statutes, and regulations.
2. MALA Group Inc. takes reasonable care in providing this information. However, because of the possibility of human error, MALA Group Inc. 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 MALA Group Inc. 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. MALA Group Inc.’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 MALA Group Inc. for the data on which the claim is based. Client acknowledges that 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 changing nature of such provisions, MALA Group Inc. makes no warranty, express or imp lied, that the names, telephone numbers, and fax numbers of such individuals have been identified on, or deleted from, MALA Group Inc.‘s provided data. MALA Group Inc. shall not be responsible for any laws, rules, or regulations relating to Client's use of MALA Group Inc.‘s provided data, including, without limitation, any such laws, rules, or regulations that are specific to Client or its business (e.g. state insurance law, or 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.
3. Client agrees that the names provided are for their use only and that the names and addresses will not be duplicated or resold. MALA Group Inc. lists are seeded with decoy names to protect against unauthorized use. Client may use MALA Group Inc.‘s data solely for Client's internal direct marketing program (telemarketing and / or direct mail campaigns), but NOT for other purposes.
4. Due to the fact that our products can be copied easily, orders cannot be returned for refunds or credits.
5. Client shall indemnify, defend, and hold harmless MALA Group Inc. from and against any and all liabilities (including claims for negligence by MALA Group Inc.,) damages, losses, claims, costs, fees, expenses, attorney's fees, etc. arising from, or related to, the data. The sale is entered into in Palm Beach County, FL, and is governed by the laws of the State of Florida without giving effect to the principals of conflict of laws. If any dispute should arise between MALA Group Inc. and Client as to the Agreement or the Terms and Conditions, Client hereby expressly submits and consents to jurisdiction of the State District Courts of Palm Beach County, FL for the purpose of legal resolution. In the event that any of these Terms and Conditions is determined to be unenforceable, the other Terms and Conditions shall remain in full force and effect. Failure of MALA Group Inc. to enforce at any time any of the Terms and Conditions shall not be deemed a waiver of any of MALA Group Inc.’s rights and shall not affect the validity of the Agreement.
6. Client acknowledges that MALA Group Inc. ‘s data is not intended to be indicative of any consumer 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.)
7. Fair Information Practices. No solicitation made using a list supplied by MALA Group Inc. ‘s data shall make a 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 MALA Group Inc. data. 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 MALA Group Inc. ‘s request, Client shall furnish MALA Group Inc. with a sample mail piece to enable MALA Group Inc. to verify Client's compliance with such restrictions.