Terms & Conditions
For Data Insertion Orders
Customer expressly agrees that acceptance of any Data Insertion Order constitutes unqualified acceptance of all of the following terms and conditions:
- Personal Guaranty. Customer specifically authorizes this Data Insertion Order (“Order”) in its entirety and also personally guarantees payment for products and service ordered in the Order. Customer expressly agrees there shall be no refunds or returns of any kind whatsoever.
- Products and Service Delivered As-Is. Customer has been fully informed by The McGRP International (“McGRP”), of what to expect with each and every product or service that Customer is purchasing; therefore, by signing the invoice, Customer accepts products and services in an “as is” condition and confirms that they have been delivered and are satisfactory.
- Credit Card Disputes. Customer acknowledges and understands that regardless of the outcome, the mere initiation of a credit card dispute against any Order costs McGRP significant resources and potentially exposes it to financial and reputational damage. Customer acknowledges that this exposure could result in thousands of dollars in losses to McGRP. Accordingly, Customer agrees that should it ask my card issuer to exercise any chargeback right it may have against McGRP, then: (a) McGRP shall immediately have the right to invoice Customer for the full disputed amount regardless of the outcome of the chargeback process, (b) McGRP shall be entitled to payment of the disputed amount within ten days of invoicing, (c) the disputed amount shall bear simple interest at the rate of 10% per annum until paid, and (d) any dispute between McGRP and myself shall be settled in accordance with the dispute procedures specified in these Terms and Conditions. the appropriate courts in Saint Johns County, Florida.
- Entire Agreement. The Order Confirmation and these Terms and Conditions constitute the entire agreement between the Parties and supersede all prior agreements and understandings, whether oral and written, between the Parties with respect to the subject matter of this Order. No representation, warranty, promise, inducement, or statements of intention have been made by either Party, which are also not included in these Terms and Conditions or the Order Confirmation. McGRP shall not be bound by or be liable for any alleged representation, warranty, promise, inducement, or statement of intention that is not included in these Terms and Conditions or the Order Confirmation. Handwritten information appearing anywhere in or on the Order Confirmation will NOT be deemed to be a part of the agreement between Customer and McGRP.
- Customer acknowledges that lists containing any personal information can legally only be rented. Customer warrants and guarantees: (a) they are a merchant as defined in Florida Statutes section 672.104 (Florida Uniform Commercial Code), (b) that the list or lists rented are to be used for a one-time use only and that no record of the names, addresses, etc. will be retained or duplicated, and (c) that Customer is prohibited from using information about the rented list as part of Customer’s telephonic presentations or printed mail pieces. McGRP expressly disclaims all other representations and warranties, express or implied, relating to any goods or services, including their fitness for a particular purpose, their quality, their security, their merchantability, or their non-infringement.
- No Returns or Credit without Prior Approval. Because products can be easily copied, no Order will be returned or accepted for credit, or otherwise, unless first approved by McGRP in writing. Customer agrees that it is not relying upon McGRP with respect to any legal advice in connection with the use of data or lists.
- Compliance with Laws and Regulations. Customer agrees and warrants that all data Customer receives from McGRP, or any related subsidiary or affiliate, 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 the law may be subject to civil and criminal penalties. Customer acknowledges that it is Customer’s sole responsibility to determine the applicability of any laws, rules, regulations, and ordinances. Without in any way limiting the generality of the foregoing, McGRP 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 agrees it shall be solely responsible for compliance with all applicable laws and regulations in connection with the use of lists rented pursuant to the Order.
- (a) Customer represents and warrants to McGRP that any actions taken by Customer pursuant to this Order shall comply with all applicable laws and regulations and that McGRP shall have no liability whatsoever for any actions taken or caused to be taken by Customer in this regard.
(b) Customer acknowledges and agrees that when McGRP rents a list to any customer, McGRP neither assumes nor accepts any responsibility whatsoever for defects, deficiencies, mistakes, ambiguities, or inaccuracies of any kind or effect with respect to the rented list.
(c) Customer acknowledges and agrees that while McGRP believes the information in the list or lists is accurate, McGRP does not, except as otherwise provided in the Order Confirmation, warrant or guarantee accuracy of the rented list or lists or the outcome or results of any mailing or promotion or any other undertaking of the Customer using the rented list or lists.
(d) Customer hereby agrees to defend, indemnify, and hold harmless McGRP from any action, lawsuit, legal proceeding, harm, or damages arising from Customers actions taken pursuant to this Order and Customer’s use the rented list or lists.
(e) Under no circumstances shall the liability of McGRP, its subsidiaries, and affiliates under this Order exceed the amount paid by Customer for the applicable list or lists.
- No Consequential Damages. McGRP 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 McGRP 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 McGRP and Customer, and Customer acknowledges and agrees that McGRP would not have been able to provide its goods and services without these limitations.
- McGRP shall not be liable to Customer, or to anyone who may claim any right, due to McGRP’s relationship with Customer, for any acts or omissions in the performance of services on the part of McGRP or on the part of McGRP’s agents, officers, directors, employees, or assigns that result from the delivery of Services made to Customer by McGRP and its agents, officers, directors, employees, or assigns, unless the acts or omissions of McGRP or its agents, officers, directors, employees, or assigns are due to willful misconduct. McGRP will not accept any returns or make any reimbursements because all orders by the Customer require McGRP to create a custom order for the Customer. THERE ARE NO EXCEPTIONS TO THIS POLICY. Consequently, Customer is responsible for the payment of this custom order; and this responsibility shall not be released due to Customer rejection of an Order, refusing to accept shipment, placing a “stop payment” order on its check, or changing the nature of the order. Customer agrees to reimburse McGRP for all expenses, including reasonable attorney’s fees, incurred by McGRP to enforce this Agreement and to collect payments due under this Order. No modifications of this Agreement may be made unless they are in writing and signed by both Parties. Time is of the essence in this Agreement. The Parties agree that McGRP’s waiver of any breach or default by the Customer shall not be deemed a waiver of any breach or default that might occur thereafter.
- This agreement shall be governed by the laws of the State of Florida without regard to its conflict of law rules.
- Customer agrees that any dispute arising from this Order shall be exclusively heard in the state and federal courts located in Saint Johns County, Florida, and further agrees that these 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 30 days after the invoice date.
ACCEPTANCE OF ANY ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
EFFECTIVE: January 19, 2023