JumpStart Leads Terms & Conditions

Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR USE OF JUMPSTART LEADS MATERIALS

In this agreement (the "Agreement"), the words "you" and "your" refer to the party utilizing the Jumpstart Leads Materials and the term "Jumpstart Leads Materials" refers to any Materials or services (including, but not limited to data, research and reference materials) provided by Jumpstart Leads and/or its affiliated companies.

LIMITED LICENSE: Upon your acceptance of this Agreement and full and proper payment of all amounts due to Jumpstart Leads, Jumpstart Leads grants you a personal, nontransferable and nonexclusive license to possess and use the Jumpstart Leads Materials solely for your direct marketing, research, reference or customer prospecting purposes in strict accordance with the terms of this Agreement for a maximum period of (1) year, unless otherwise specified. Upon expiration or termination of this Agreement, you shall immediately discontinue your use of the Jumpstart Leads Materials.

YOUR RESPONSIBILITIES: Except to the extent specifically authorized in writing by Jumpstart Leads, you cannot share or sell the Jumpstart Leads Materials and you are responsible to Jumpstart Leads for any use of it. You agree and warrant that: a) you will not provide access to any portion of the Jumpstart Leads Materials to any unauthorized party without the prior written consent of Jumpstart Leads; b) you shall use your best efforts to prevent the misuse and unauthorized use of the Jumpstart Leads Materials; c) you will not use any Jumpstart Leads Materials for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or any similar statute or regulation; c) you shall not name Jumpstart Leads or its affiliated companies or refer to the use of Jumpstart Leads Materials in any advertisements, promotional or marketing material; and d) you shall indemnify and hold harmless Jumpstart Leads, its affiliated companies and their respective officers, employees and agents ("Indemnified Parties") against any loss, liability, damage, cost or expense (including, but not limited to, reasonable attorneys' fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the Jumpstart Leads Materials or the breach of this Agreement.

COMPLIANCE MONITORING AND ENFORCEMENT: It is an express condition of this Agreement that in using the Jumpstart Leads Materials: a) you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy; and b) you and any authorized users shall comply with all applicable Direct Marketing Association ("DMA") guidelines, if you or your authorized users are DMA members. If you or your authorized users are not DMA members, you and your authorized users are encouraged to comply with all applicable DMA guidelines.  Jumpstart Leads further reserves the right to review materials to be used by you in promotions to ensure that your use of the Jumpstart Leads Materials is both appropriate and in accordance with the permitted uses of the Jumpstart Leads Materials; however, Jumpstart Leads's failure to review any such materials shall not constitute Jumpstart Leads's acceptance of the materials or in any other way waive any rights Jumpstart Leads may have or limit any obligations you may have with regard to the use of the Jumpstart Leads Materials. Jumpstart Leads may also randomly monitor (through seeding and other means) your use of the Jumpstart Leads Materials to ensure that your use is in accordance with the permitted uses of the Jumpstart Leads Materials.

EXCLUSIVE LIMITED WARRANTY AND LIMITATION OF LIABILITY: ALL JUMPSTART LEADS MATERIALS ARE PROVIDED ON A STRICTLY "AS IS" BASIS. JUMPSTART LEADS DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE JUMPSTART LEADS MATERIALS AND EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, JUMPSTART LEADS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES, JUMPSTART LEADS OFFERS TO YOU THE FOLLOWING LIMITED WARRANTY. YOU SHALL HAVE 14 DAYS AFTER RECEIPT OF THE JUMPSTART LEADS MATERIALS, TO INSPECT IT AND NOTIFY JUMPSTART LEADS OF ANY PROBLEMS OR MISTAKES. IF JUMPSTART LEADS HAS MADE A MATERIAL MISTAKE, THEN JUMPSTART LEADS WILL CORRECT THE MISTAKE AT NO ADDITIONAL CHARGE. IF YOU DON'T NOTIFY JUMPSTART LEADS OF ANY PROBLEMS OR MISTAKES WITHIN THE 14 DAY PERIOD JUMPSTART LEADS SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU. YOU EXPRESSLY AGREE THAT JUMPSTART LEADS SHALL NOT BE LIABLE FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF THE JUMPSTART LEADS MATERIALS WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE OR SHOULD THIS LIMITED WARRANTY FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL JUMPSTART LEADS'S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT YOU PAID TO JUMPSTART LEADS UNDER THIS AGREEMENT.

GENERAL:

(a)This Agreement shall be governed and construed by the laws of the State of Nebraska, United States of America without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or your use of the Jumpstart Leads Materials shall be brought within the jurisdiction of the courts located within Orange County, California, United States of America.

 (b) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific Jumpstart Leads Materials provided constitute the entire agreement between you and Jumpstart Leads on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect.

(c) This policy may be amended from time to time at the discretion of Jumpstart Leads.

(d) Without limiting any other remedies it may have at law or in equity, Jumpstart Leads reserves the right to terminate this Agreement immediately without further notice if Jumpstart Leads has reason to believe Customer is not complying with this or any other express condition of use.

USE OF THE Jumpstart Leads MATERIALS PROVIDED CONSTITUTES YOUR CONSENT TO THIS AGREEMENT. DO NOT USE THE Jumpstart Leads MATERIALS IF YOU FIND THESE TERMS UNACCEPTABLE

Effective Date: June 1, 2011

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