By purchasing I personally guarantee and authorize this order in its entirety and certify that I understand that there are no refunds or returns of any kind. By signing this invoice I accept the product and services as is. Furthermore I understand that the product and service have been delivered and are beyond my expectations. I was informed completely by The McGrp International of what to expect with each and every product that I have purchased.
I acknowledge and understand that, regardless of the outcome, the mere initiation of a credit card dispute against any order costs The McGrp International tremendously in human resources and, moreover, exposes The McGrp International to injury within the credit card processing arena. This exposure, I acknowledge, constitutes the equivalent of thousands if not tens of thousands of dollars in losses to The McGrp International.
Accordingly, I agree that should I ask my card issuer to exercise any chargeback right it may have against The McGrp International, The McGrp International shall immediately have the right to invoice me (the customer) for the full amount of disputed amount regardless of the outcome of this right, and to be entitled to such sum within ten days of invoicing. I further agree that this sum shall bear the interest rate of 10% annual simple interest until satisfied. I further agree that any dispute between The McGrp International and myself shall be settled in the applicable court of Saint Johns County, FL.
Data Order Terms and Conditions (If Purchased):
The Customer acknowledges and agrees that the Order Confirmation and these Terms and Conditions constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings, oral and written, between the parties hereto with respect to the subject matter hereof. No representation, warranty, promise, inducement or statement of intention has been made by either party which is not embodied in these Terms and Conditions or the Order Confirmation, and The McGrp International 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 Customer and The McGrp International.
Client Acknowledges that lists containing any personal information can legally only be rented. Customer warrants and guarantees he/she/it is a merchant as understood in the California Commercial Code, 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 prohibited from using information about this rented list as part of Customer’s telephonic presentation or printed mail piece. All lists and other goods and services provided by The McGrp International are provided ‘as is’ and The McGrp International expressly disclaims all other 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.
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 by The McGrp International in writing. It is acknowledged that the Customer is not relying upon The McGrp International with respect to any legal advice in connection with the use of data or lists.
Customer agrees and warrants that all data which Customer receives from The McGrp International, or any related subsidiary corporation, 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, The McGrp International assumes no responsibility or liability 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 to The McGrp International that any and all actions taken by Customer pursuant to this Agreement shall be in compliance with the provisions of all applicable laws and regulations and that The McGrp International 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 The McGrp International harmless there from. Customer agrees, understands, and expressly acknowledges that when The McGrp International 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 The McGrp International believes this 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 The McGrp International shall not be held liable in any manner with respect thereto or otherwise.
In all events, any liability hereunder of The McGrp International and its representatives shall be limited to the amount paid by Customer for the applicable list.
The McGrp International 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 The McGrp International 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 The McGrp International and Customer, and Customer acknowledges and agrees that The McGrp International would not have been able to have provided its goods and services without such limitations.
The McGrp International shall not be liable to Customer, or to anyone who may claim any right, due to The McGrp International’s relationship with Customer, for any acts or omissions in the performance of said services on the part of The McGrp International or on the part of The McGrp International’s agents, officers, directors or employees or assigns which result from the delivery of Services made to Customer by The McGrp International and its agents, officers, directors, employees or assigns, unless said acts or omissions of The McGrp International or its agents, officers, directors, employees or assigns are due to their gross or willful misconduct. The McGrp International will not accept any returns or make any reimbursements. NO EXCEPTIONS. All orders received from the Customer by The McGrp International required The McGrp International to create 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, “stop payment” on their check, or changing the nature of the order, etc. Customer agrees to reimburse The McGrp International, for all expenses, including reasonable attorney’s fees, incurred by The McGrp International, to enforce this agreement and/or collect payments due hereunder. No modifications of this agreement may be made unless they are in writing and signed by the party to be charged. Time is expressly declared to be the essence of this agreement, 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.
This agreement 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 Saint Johns County, FL, and further agrees that said courts are a convenient and appropriate forum. Client agrees this will be the terms of all data purchases after the date this agreement was signed. Data records expire after 30 days of invoice date.
Acceptance of Any Order Constitutes Acceptance of These Terms and Conditions.
EFFECTIVE: August 1st, 2015