1
The term “User” or "Data User" means you (the person placing this order) and/or your company (the company on whose behalf you are placing this order), its officers, employees, agents, and assigns; and/or the cardholder (the person designated by you as the name appearing on the credit card on which this order is placed). The term “BNB” means Data Partners Inc., a Florida corporation d/b/a "BrandNewBusinesses.com” its officers, employees, agents, and assigns.
2
BNB and User agree to be bound by the terms of quantity, price, and payment in regard to this online transaction (the “Order”) and acknowledge the adequacy and sufficiency of the consideration exchanged.
3
These Terms & Conditions apply to every Order placed with BNB, and any different, additional, or supplemental terms or conditions supplied by the User are hereby expressly rejected by BNB and shall be without effect.
4
BNB grants to User a limited, temporary, non-exclusive license to use the product(s) delivered pursuant this Order (the “Data”) for the limited purpose of conducting a single instance of lawful marketing or legitimate business purposes related to marketing. Any other use, including creation of any derivative product, is prohibited and shall constitute a material breach of this Agreement. Use of the Data for an unlawful purpose or use of the Data by unlawful means is expressly prohibited. BNB.com retains any and all ownership rights in the Data and no interests other than the limited license described herein shall inure to the benefit of User.
5
User expressly acknowledges and agrees that (a) unit numbers (e.g., apartment or suite numbers) may not be supplied on some or all of the Data; (b) that the absence of unit numbers may negatively affect deliverability of mail using the Data; and (c) that BNB makes no representation, guarantee, or warranty that the Data accurately states the mailing addresses of multiple unit buildings.
6
User agrees that BNB bears no responsibility for errors in the query, compilation, selection, or provision of the Data. BNB has taken commercially reasonable steps to ensure the accuracy of the Data but does not guarantee and hereby disclaims any and all warranties of any kind, express or implied, regarding the Data, including, but not limited to, warranties of accuracy, deliverability, completeness, currentness, merchantability, fitness for a particular purpose, or compliance with any law or regulation which are hereby expressly disclaimed. The Data is supplied to User “AS IS” with any and all defects.
7
In no event shall BNB be liable to User for any special, indirect, incidental, or consequential damages of any kind, including, but not limited to, damages for loss of goodwill, loss of profits, business interruption, or any other loss, arising out of the use, resale, or provision of the Data.
8
User agrees that in no event will BNB’s total liability to User under or related to this Agreement exceed the amounts actually paid by User to BNB. User, to the fullest extent permitted by law, hereby knowingly and freely waives all right or claim to any other damages or legal recourse against BNB.
9
User hereby agrees, to the fullest extent permitted by law, to indemnify and hold harmless BNB for any and all claims, suits, penalties, fines, fees, damages or losses, including attorney fees, that may arise from User's breach of its representations and warranties made herein or its acts or omissions involving the use of the Data.
10
This Agreement shall be governed by the laws of the state of Florida (except any Florida or other law regarding conflicts of law), and in no event shall be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction and venue in the federal and/or state courts located in Lee County, Florida, USA, for any and all claims arising out of or relating to this Order.
11
The User warrants that he/she is 18 years of age or older and is authorized to enter into this Agreement on User’s behalf.
Newsletter Signup
Find out first about new and important news