In this agreement (“the Agreement”), the words “you” and “your” refer to the party utilizing the Homeowners Marketing Services (“HMS”) materials and/or services. The purpose of the Agreement is to furnish proprietary marketing information to you obtained by HMS from public documents and other sources (“List Service”), which you agree to use for your own lawful direct mail and telemarketing functions within the scope of your own professional activities pursuant to the terms and conditions set forth herein.
Limited License: Upon your acceptance of this Agreement and full and proper payment of all amounts due to HMS, HMS grants you a limited, non-exclusive, non-transferable license for a single (one-time) use of the List Service.
Your Responsibilities: You agree at all times to maintain the confidentiality of all information received under the List Service. You further agree not to re-use, sell, lease, reproduce, store or otherwise disclose, in any form in whole or part, the information received under the List Service, or permit a third party, agent, employee or contractor and their agents to do any of the foregoing without the prior written consent of HMS. You shall not name HMS or refer to the use of the HMS list Service in any advertisements, promotional or marketing materials. Furthermore, HMS and its data supplier(s) shall not be liable for any damages of any kind arising from unavailability, inaccuracies, errors, omissions, miscalculations, or misrepresentations of value, nor does HMS or its data supplier(s) guarantee the success or response that you may desire from the List Service. As such, you hereby absolve and fully release HMS, it’s data supplier(s), agents, employees and representatives from any and all cost, 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 List Service. In addition, you hereby agree to indemnify, defend, protect and hold HMS, its data supplier(s), 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 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.
Limitation of Liability: HMS AND/OR IT’S DATA SUPPLIER(S) DO NOT GUARANTEE THE AVAILABILITY OR ACCURACY OF THE DATA FURNISHED TO YOU, NOR DOES HMS OR IT’S DATA SUPPLIER(S) MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
General Provisions: This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of California, without regard to any conflicts of law principles. In addition, any action relating to any provision of this Agreement or your use of the List Service shall be brought within the jurisdiction and venue of the courts located within Los Angeles County, California. HMS may assign any of its rights or delegate any of its duties hereunder. You may not transfer or assign this Agreement without HMS’s prior written consent. This Agreement contains all the agreements and understandings of the parties hereto. HMS has not made, and you are not relying upon, any warranties, representations, promises or statements made by HMS, except as expressly set forth herein. This Agreement supersedes any and all prior agreements and understandings, oral or written, between HMS and you and alone expresses the agreement of the parties hereto. 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 hereto. Notwithstanding, HMS may, at any time, revise the form and content of the Agreement by updating this posting.
Notices: All notices which HMS or you may desire to serve on the other may be served personally, or by registered or certified mail, return receipt requested, postage prepaid, addressed to HMS at 12444 Victory Blvd., 2nd. Floor, North Hollywood, California, 91606 and upon you at the address you have provided to HMS.