Data Order - Custom FV - August 3, 2022
Client: Fifth Venture c/o Leander Garrett
Services Provided: 100,000 Business Records (Company Name, Contact Name, Phone Number) Distribution of this File will be on or about August 3, 2022. Please report any issues relative to the data upon importing any data set within 72 hours from the Time of Distribution. Distribution may be via Shared Link, Dropbox Link, Email Distribution, or Third Party File Distribution. A Deduplication File using a Suppression File from Prior Purchases from the above client will be used.
Payment Date in the Amount of $3,000.00 (Invoicing will be sent via Payment Gateway Authorize.Net)
August 17, 2022
Please take the time to carefully review our Standard Policies, Terms & Conditions. If you have any questions or need clarification on the Terms & Conditions Set Forth, Please Contact Us.
These Terms and Conditions written herein shall manage your use of LeadTycoons.com and any “Lead or Data List” Order that you choose to initiate. If you do not agree to the Terms & Conditions and agree to adhere to these Terms & Conditions below, please do not initiate any lead or data list orders.
DISCLAIMER: Success and Conversions will vary and are not limited to Your Company’s Internal Sales Processes, Procedures, Marketing Initiatives, Marketing Messaging, Experience, and Company Reputation. JBW Business Consultants DBA Lead Tycoons makes no representations that you will obtain any Sales, Revenues, or Profits from your utilization of any Lead List or Data Set.
AGED LEAD LISTS & DATA SETSAged Lead Lists & Data Sets are Sold “As-Is.” Leads & Data Assets are Digital Goods and as such, Lead Tycoons does not extend Refunds. However, Lead Tycoons is committed to Customer Satisfaction. If you have any issues with any of our products or services please contact us at 1-877-730-LEAD
Aged & List Data will be delivered via E-Mail to the E-Mail Address Provided by you in form of a Secure Attachment(s) and/or via DropBox Link(s). Lists are processed during our Business Hours (Monday – Friday 9 AM – 5 PM EST. We strive to Deliver Lists within 24 Business Hours but cannot always guarantee distribution within 24 Hours. We are committed to customer satisfaction and will process any lead list or data set as quickly as possible. Should we expect any unanticipated delays in distribution we will notify you via E-Mail. Depending upon the customization requests required, delivery time may exceed 24 hours. If you would like to receive a status update as to your lead delivery time please Contact Us
*By Default, Aged Leads, UCC Lists, or Other Data Lists Available from Lead Tycoons are NOT Scrubbed against the Do Not Call Registry. However, we do offer Optional Prevention Add-On’s where we will Scan and Remove your Leads & Data against the National & State Do-Not-Call Registry, DMA (Direct Marketing Association), and Known TCPA Litigators. When Adding the optional Do-Not-Call (DNC) and TCPA Litigator Scrub, this does not indemnify you or provide any guarantee the scrub will protect you 100% from any Do-Not-Call Complaints, TCPA Violations, Lawsuits, or Settlement/Demand Notices. The National Do-Not-Call-Registry Updates Frequently. Generally a Newly Added Number can take up to 30 Days to Register on the National Do-Not-Call Registry. This scrub also does not indemnify you if you are using any Phone System(s) or Outreach Initiatives not limited to Ringless Voicemail (RVM), Voice Broadcasting, 'Press 1 Campaigns' and/or Short-Message-Services (SMS) that would be in violation of the Telephone Consumer Protection Act. Please be sure to consult with your Attorney if you are conducting business that is heavily involved with outbound phone calls and solicitation. If you do not have a method to scrub your Lead or List Purchase against any “Do Not Call List Registry” we encourage you to adopt this as best practice if you are regularly performing outbound calling campaigns. Please adhere to all Local, State, and Federal Laws, Rules, and Regulations regarding Business to Business and Business to Consumer Activities.
JBW Business Consultants, DBA Lead Tycoons understands that many clients may at times have other internal or external marketing sources to acquire leads and data. We permit you to Submit a Phone Number and/or E-Mail Suppression File and offer this as an option at no additional cost to our customers in an effort to minimize or eliminate duplicate records from being entered into your databases. Please Contact Us if you would like to initiate an order but would like to submit a Suppression File. By default, each New Customer and Existing Customers will have a ‘Suppression’ File Created internally. Therefore, if we submit Duplicate Records to you as an oversight based upon your prior purchases with us, we will happily extend replacement records in those instances. However, we can not accept or assume responsibility for any duplicate leads or data if that was acquired from your own internal or external sources.
LIMITATION OF LIABILITY. JBW Business Consultants, LLC DBA Lead Tycoons SHALL NOT BE LIABLE TO THE LEAD BUYER (PARTY), OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS OR LOST REVENUES), WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF ANY BREACH OR FAILURE TO PERFORM ANY PROVISION(S) OF THESE TERMS AND CONDITIONS OR OTHERWISE RELATING TO THIS AGREEMENT (IN EACH CASE REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES).
WAIVER OF JURY TRIAL. EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.
FAILURE TO PAY. In the event any invoice remains unpaid by Client within 5 days after due date, Lead Tycoons, at its sole option, may terminate this Agreement and/or Client's access to and future use of Lead Tycoons Services. Any invoice submitted by Lead Tycoons shall be deemed correct.
SECURING & STORING INFORMATION: Lead or Data Buyer will maintain appropriate physical, technical, and organizational measures to protect all Lead Information against accidental loss or unauthorized access, use, disclosure, alteration, or destruction.
STRICTLY PROHIBITED: Lead or Data Buyer agrees that under no circumstances will the Leads or Data purchased be resold or re-distributed to a third-party at anytime and are to be solely used for Legitimate Business to Business Transactions. If any Leads or Data Set is re-sold or re-distributed to a third party without our expressed written consent and this information comes to light, we will consider the circumstances and make a decision to pursue legal action against you.
COMPLIANCE WITH APPLICABLE LAW:
Lead or Data Buyer (Customer) represents warrants and covenants that:
a. it has reviewed all applicable laws and regulations governing the relationship between Lead Buyer and any Business, Consumer, or Lead acquired pursuant to this Agreement and including, but not limited to: The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED”), The Gramm Leach Bliley Act, the Safeguards Rule, the EU-U.S. Privacy Shield Framework, the Truth in Lending Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act (“FCRA”), the Equal Credit Opportunity Act (“ECOA,” including its implementing Regulation B), the Electronic Funds Transfer Act (including its implementing Regulation E), the Federal Trade Commission Act, the Telemarketing Sales Rule, the Prescreen Opt-Out Notice Rule, the Red Flags Rule, Telephone Consumer Protection Act of 1991 (“TCPA”), Do-Not-Call List (“DNC”) Rules & Regulations and further represents, warrants and covenants that it is currently in compliance therewith and will continue to comply therewith in connection with any business with whom Lead Buyer engages in any transaction as a result of any purchase or transaction made from JBW Business Consultants, LLC DBA Lead Tycoons.
TELEPHONE, CELLULAR, EMAIL, & SENSITIVE DATA WAIVER AND RESPONSIBILITIES:
You agree that it is your responsibility to understand and comply with all federal, state, and local laws, including, without limitation, (a) The Telephone Consumer Protection Act (TCPA) of 1991, (landline and mobile telephone); (b) CAN-SPAM ACT OF 2003, (business and residential email) (c) The Junk Fax Protection Act of 2005; (d) along with any rules or regulations from the Federal Communications Commission (FCC). You agree to indemnify and hold JBW Business Consultants DBA Lead Tycoons harmless against all claims based in whole or part on your or the end user’s failure to comply with these laws.
SENSITIVE DATA & ETHICAL BUSINESS PRACTICES: You agree to comply with the Direct Marketing Association’s Guidelines for Ethical Business Practices which outline generally accepted conduct principles. All offers should be clear, honest, and complete so that the business owner may know the exact nature of what is being offered. Disparagement of any person or group on grounds addressed by federal or state laws prohibiting discrimination is unacceptable. Solicitations should not be sent to business owners that are considered to be vulgar, immoral, profane, or offensive in any way. Sensitive data should not be made available for offers that imply credit approval, which reveal list selection or imply the recipient’s individual knowledge. An example is stating “You are pre-approved.”
LIMITED LICENSE: You have a limited license to use the data you have ordered by these terms and conditions, along with any additional terms appearing on any related invoice. You shall not resell or redistribute any Lead List or Data Set without the expressed written permission of JBW Business Consultants.
LIMITED WARRANTY: JBW Business Consultants DBA Lead Tycoons’s databases come from various sources and where appropriate data is verified. JBW Business Consultants DBA Lead Tycoons cannot and does not assume any liability for the correctness or comprehensiveness of the data. This warranty is a limited warranty. JBW Business Consultants DBA Lead Tycoons makes no other warranties, express or implied, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. In no event shall JBW Business Consultants DBA Lead Tycoons be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature.
As an additional reminder, if you do not agree to the Terms & Conditions and agree to adhere to these Terms & Conditions above, please do not initiate any lead or data orders. JBW Business Consultants reserves the right to Cancel any orders or refuse business without prior notice not limited to the transaction being continued failed payments, suspected fraudulent activity or suspected misuse of the data that you intend to purchase. If your order is cancelled by us, we will initiate a refund the same business day to the payment method that was used. The turnaround time to see your refund can be anywhere from 1-7 Business Days Depending upon your financial institution.
We know that this is a lot of information and if you would like us to review or clarify any of the Terms, Conditions, or Policies herein, we are more than happy to do so. We are fully committed to customer satisfaction and our objective is to help our clients be successful but also to follow best practices. If you have any questions about the information contained herein, please feel free to Contact Us Anytime as we pride ourselves on being fully accessible to our clients.
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Document Name: Data Order - Custom FV - August 3, 2022
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