Telephone Data Lists Agreement
This telephone data lists agreement (“Agreement”) is made by and between (i) Sales Data Hub LLC on the one side, and (ii) you and any entity you are purchasing the lists for (collectively “you,” “buyer,” or “user”) on the other side.
THIS IS A LEGALLY BINDING CONTRACT AND YOU AGREE TO USE THE SALES DATA HUB LLC IN FULL COMPLIANCE WITH THE LAW. YOU INDICATE YOUR AGREEMENT WITH THESE TERMS BY EITHER (I) MAKING ANY USE OF THE LISTS, (2) INDICATING YOUR ELECTRONIC CONSENT ONLINE (such as SignNow® or DocuSign® or WPESign – ApproveMe), OR (III) SIGNING A PRINTED WRITTEN VERSION OF THESE TERMS.
LICENSE: The lists are and shall remain the intellectual property of Sales Data Hub LLC. Upon purchase of any lists from SALES DATA HUB LLC, you are hereby granted a limited, revocable, non-exclusive license to make use of the lists for your own business and marketing purposes. However, you are not permitted to relicense, sell, trade, convey or otherwise share the lists with any other third party, except as may be required in order to (i) perform compliance scrubbing on your own, or (ii) as may be required by a valid subpoena or civil investigative demand from a court or regulator with competent jurisdiction.
THREE TYPES OF LISTS: SALES DATA HUB LLC offers at least 4 categories of telephone data lists: i) The US Consumer List are basic consumer information acquired periodically from the various telephone companies and data collection sources in the USA. These are purchased in bulk by zip, state or country; ii) The US Business List are basic Business information acquired periodically from the various telephone companies and data collection sources in the USA. These are purchased in bulk by zip, state or country; iii) The Canada Consumer List are basic consumer information acquired periodically from the various telephone companies and data collection sources in Canada. These are purchased in bulk by zip, province or country; iv) The Canada Business List are basic consumer information acquired periodically from the various telephone companies and data collection sources in Canada. These are purchased in bulk by zip, province or country; iii)
ONE TIME PURCHASES: If you purchase a state, province, or country list of any category, there are no subsequent charges.
RETURN POLICY: Because the telephone lists are downloadable software files and you may request samples before purchasing, there is no refund once you have received your purchased telephone list(s).
WIRELESS & VOIP TELEPHONE NUMBERS: When these lists are originally received by SALES DATA HUB LLC, some wireless (also known as mobile or cell) or VoIP numbers may be included. In addition, from time to time, people “port” their wireline (landline) telephone numbers to become a cell or VoIP number, or the reverse. It is therefore possible that some of the telephone numbers you purchase from SALES DATA HUB LLC may be wireless or VoIP numbers by the time you make use of the data.
LIST ACCURACY & WARRANTY: Every day telephone numbers are disconnected, moved, or changed; therefore, the telephone lists you purchase will not be 100% accurate at the time of purchase or download. Except as may otherwise be contained herein, SALES DATA HUB LLC makes no warranty, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the lists for a particular purpose or any warranty that the lists will meet your requirements. SALES DATA HUB LLC makes no compliance warranties of any kind; it is solely your responsibility to ensure that your use of the lists complies with the law.
DUPLICATES: The Telephone Lists have been scrubbed by SALES DATA HUB LLC in an attempt to delete duplicate telephone numbers. But we don’t assure you that you will not get any duplicates.
DO NOT CALL: The lists have not been pre-scrubbed to remove wireless or VoIP telephones, or numbers on any Do Not Call (“DNC”) database. Therefore, you are completely and solely responsible to determine whether your calls are subject to wireless or DNC prohibitions and to comply with the same. If you are subject to USA or Canadian telemarketing laws, you will need to register and if in the USA get a SAN (Subscription Account Number) with the FTC (and perhaps other government agencies) at: https://telemarketing.donotcall.gov. Note that laws and rulings may change from time to time. Therefore, if you are not permitted by law to call Federal or State DNC or cell numbers, you are 100% responsible for assuring that the lists you acquire from https://salesdatahub.com are lawfully scrubbed against Federal and/or State Do Not Call Registry and any other appropriate lists.
EMAILING & TEXTING: If you send emails or text messages (SMS or MMS) using any of SALES DATA HUB LLC’ products, you must comply with the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act and any other applicable laws.
RESPONSIBILITY & LIABILITY: You are responsible for making frequent backups of your system(s) to protect against any loss of valuable data. By making any purchase and/or use of any of SALES DATA HUB LLC’ lists, you warrant that you will at all times fully comply with all applicable laws and regulations. SALES DATA HUB LLC cannot provide legal advice and assumes no responsibility to advise you on these laws or to supervise or ensure your compliance. SALES DATA HUB LLC is merely providing you with data and you are expected to use that data within the bounds of the laws. You should be aware that laws and rulings may change from time to time, thus they may not be included in this Agreement. A violation of any such laws could result in significant penalties and other sanctions. SALES DATA HUB LLC and its Technicians and Representatives are not attorneys; therefore, any interpretations of laws by SALES DATA HUB LLC and its technicians and representatives regarding the legal use of these lists should not be completely relied upon. Prior to buying or using any of these lists, you should consult with an attorney regarding your anticipated uses of any of SALES DATA HUB LLC’ products to ensure that your uses comply with laws and regulations. You are 100% responsible and liable for using these lists legally.
GOVERNING LAW & JURISDICTION: This Agreement shall be governed by and construed under the laws of the State of California, without regard to normal choice of law and conflict of law principles. Any litigation relating to or arising under the Agreement shall be brought in the Circuit Court of San Jose, California and the parties consent to the jurisdiction and venue of the same.
INDEMNIFICATION: You grant representatives of SALES DATA HUB LLC permission to email and/or call you about these and related products, and you agree to indemnify and hold harmless SALES DATA HUB LLC, along with all of its owners, officers, directors, employees, contractors, vendors and affiliates, from and against any claims, demands, suits, losses, damages, expenses, fines, penalties, litigation, judgments, and fees, including attorney’s fees and court costs, arising out of or relating to your actual or alleged breach of this Agreement, your use of the products, or any third-party claim alleging any violation by you of the law.
ENTIRE AGREEMENT, SURVIVAL: This Agreement, along with any separate terms or fee schedules referenced herein, constitutes the entire Agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other Agreements, whether oral or written, relating to the subject matter of this Agreement.