Compliance with Law. Client’s calling, email or other contacting campaigns are Client’s own campaigns and Client has the sole responsibility to ensure its legal compliance; Higher Images, Inc.is merely a passive lead service provider. Client is required to use the Data in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) telemarketing laws; (b) Do-Not-Call (“DNC”) list prohibitions; (c) licensing and bonding requirements; (d) consumer cancellation rights; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages; (g) opt-out rules; (h) mandatory disclosures (i) intellectual property rights and restrictions; (j) CAN-SPAM Act; the (k) Gramm-Leach-Bliley Act; the (l) Fair Credit Reporting Act; and (m) other product or industry regulations. By making any use of the Products, Client expressly warrants to Higher Images, Inc. that Client is and shall continue to act in full compliance with the law. All Higher Images, Inc offers are void where prohibited by law. Client agrees that Client has read and understands the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations. Client should review these rules with Client’s own legal counsel to ensure that Client understands and is fully compliant. Higher Images, Inc does not assume responsibility for ensuring that Client’s marketing campaigns meet applicable legal requirements. Higher Images, Inc will not assume any liability if Client is ever held guilty or liable for any law violation. Notwithstanding the foregoing, Client acknowledges that Higher Images, Inc. has and is taking active steps to ensure the compliance of its customers, including by having Client agree to these terms and otherwise. If Higher Images, Inc discovers evidence demonstrating that Client has violated the law, Higher Images, Inc. may suspend or terminate the Client’s use of the Products immediately without providing any refund.
Cell Phones. Client understands that the TCPA prohibits certain types of calls and messages to cell phones and agrees not to use the Data to market to cell phones except as allowed by law. Client assumes all risks if Client elects to contact cell phones. Client will not engage in any SMS/text marketing, except as allowed by law. Client understands that Higher Images, Inc assumes no responsibility to identify or remove/suppress wireless numbers from its data.
SAN Numbers & DNC. Client acknowledges that certain sellers and telemarketers may be required to purchase their own Subscription Account Number (“SAN”) to access the National DNC registry, including all area codes into which they call or transmit messages. Client agrees to obtain a SAN number and all applicable area codes, unless exempt. Client agrees to purchase and scrub against any applicable state or federal DNC list, unless exempt. Client shall refrain from marketing to any consumer who has opted-out by asking not to receive future marketing from Client. Client (not Higher Images, Inc) shall be responsible for maintaining and enforcing an internal DNC list of leads who have opted out of Client’s marketing.
Call Abandonment Rate/Drop Rate. Regarding any abandoned (dropped) calls, Client understands and agrees to ensure that it does not drop more calls than allowed by law.
No Legal, Financial or Tax Advice Provided. No financial, legal, or tax advice or counsel is given, or shall be deemed to have been given by Higher Images, Inc. or its affiliates and contractors, or by the Products.
Payments & Refunds Except when required by law, Higher Images, Inc. shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable.
Payment: You agree to pay Higher Images, Inc. a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then current subscription price. There is a 30 day cancellation period for any recurring monthly services with recurring Billing: Your acceptance of these terms constitutes your authorization to Higher Images, Inc. to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging Indemnification. Client shall assume, pay, indemnify, hold harmless and reimburse Higher Images, Inc. and its owners, employees, agents, affiliates, contractors, successors and assigns for any and all liabilities, damages, claims, suits, settlements, judgments, investigations, costs, and expenses (including reasonable attorney’s fees and court costs) directly or indirectly incurred by Higher Images, Inc to the extent the same are related in any way to this Agreement or to Client’s use of the Data. Upon receipt of any demand or claim by Higher Images, Inc. related to Client, Higher Images, Inc. may elect to turn the defense and resolution of such claim over to Client who shall bear all costs and expenses and shall promptly investigate and settle or otherwise resolve any such claim to Higher Images, Inc. full satisfaction. Alternatively, Higher Images, Inc. may elect to defend any such claim on its own and then to obtain reimbursement from Client. In either case, Higher Images, Inc. and Client shall cooperate and share necessary information in any such defense. Client realizes that Higher Images, Inc. com may be required by law to provide certain information about Client if Higher Images, Inc. receives a subpoena from a court or regulator with competent jurisdiction, or otherwise determines in its sole discretion that it needs to release Client information in order to protect the legal interests of Higher Images, Inc.
Limitation of Liability. Neither party shall be liable for any consequential, incidental, special or indirect damages (including, but not limited to, loss of profits, goodwill, use, data, or other intangible items) even if the other party has been advised of the possibility of such damages or losses. Higher Images, Inc is not responsible for any failure of a third-party list provider to deliver its data accurately, completely or in a timely way, Higher Images, Inc is not responsible for damages resulting from improper or incomplete use by Client of Higher Images, Inc’ products and services. With respect to any other damages, Higher Images, Inc’ liability hereunder shall in no event exceed an amount equal to the amount actually paid by Client to Higher Images, Inc in the month prior to a claim being made, regardless of the basis for the claim. Client understands that this is a significant limitation on Client right to sue Higher Images, Inc and Client should not proceed if Client does not agree. Higher Images, Inc shall not be bound by any typographical or other error or misprint in its marketing materials or online purchase websites, so long as Higher Images, Inc. provides prompt notice of any such error and corrects the same, upon discovery.
Warranties. Except as otherwise provided herein, the services and data are provided “as is” without any express or implied warranty of any kind including warranties of merchantability or fitness for any particular purpose. In no event shall higher images, inc or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits or business interruption) arising out of the use of or inability to use the products, even if higher images, inc. Has been advised of the possibility of such damages.
Intellectual Property. “Higher Images, Inc,” “Higher Images, Inc, and all related trade and service marks are and shall remain the exclusive intellectual property of Higher Images, Inc. Higher Images, Inc. and Client specifically acknowledge that this Agreement does not confer upon the other party any interest in or right to use any trademark or service mark of the other party or its affiliates, unless the party wishing to use a trademark or service mark receives the prior written consent of the owning party, which the owning party may grant or withhold in its sole discretion. Client acknowledges that the Products are protected by state, federal and international copyright laws and treaties and Client hereby prospectively waives any challenges to the existence, ownership and enforceability the same. Except as otherwise specifically permitted in this Agreement, Client may not: (a) modify or create any derivative works of any Products, service or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Products shall not be deemed derivative works); (b) sublicense or permit simultaneous use of the Products by more than one user; (c) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any software related to the Products (except to the extent applicable laws specifically prohibit such restriction); (d) redistribute, encumber, sell, rent, lease, sublicense, use the Products in a timesharing or service bureau arrangement, or otherwise transfer rights to any Products; (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Products; (f) publish any results regarding the Products to a third-party without prior express written consent from Higher Images, Inc; or (g) attempt to create or sell any systems similar to the proprietary systems of Higher Images, Inc.
Choice of Law & Venue. This Agreement shall be governed by and construed according to the laws of the State of Pennsylvania, without giving effect to normal choice-of-law and conflict-of-law principles. The parties agree that the State and Federal courts in Pennsylvania shall have exclusive jurisdiction and venue over any legal dispute between the parties. The party’s consent to such jurisdiction at this time. The prevailing party in any legal dispute between the parties shall be entitled to their reasonable attorney’s fees and court costs.
Other Important Disclaimers. Higher Images, Inc does not warrant that its Data can be received and integrated in every environment. It is the Client’s responsibility to obtain the necessary computer equipment and software to operate the Data. It is the Client’s responsibility to become aware of the cost and availability of all telephone, software and electrical requirements. Client is responsible for any business and miscellaneous expenses necessary to use the Data, including telephone service, internet connectivity, computers, etc. Higher Images, Inc. will not be liable for these expenses for any reason. Even though Client’s system may be designed to operate 24 hours a day, Client should be aware that access to the Data may be out of service periodically for backups, maintenance, improvements, or difficulties such as power outages, telephone line problems, hardware/software malfunctions, etc. Higher Images, Inc will not be liable for any lost revenue, lost profits, advertising, or additional expenses due to loss of data, hardware/software problems, or for any reason. Higher Images, Inc does not make any claims or guarantees that Client will bring in any revenue nor operate any profitable services or businesses by using the Products sold by Higher Images, Inc. The suggestions, ideas, and techniques offered by Higher Images, Inc. are not guaranteed to bring success. The success of the Client and the Data will be affected by many factors, including, but not limited to, Client’s own efforts and competence. Client is responsible for the security of the system and for obtaining property and liability insurance.
Modification of Agreement. The Parties agree that this Agreement may only be modified with the written consent of all Parties.
Non-Waiver. The parties agree that the failure of any party to take an action under this Agreement or the waiver of a breach of this Agreement shall not affect the party’s rights to require performance hereunder or constitute a waiver of any subsequent breach.
Survival. Any provision of this Agreement, which by its nature, would naturally survive the termination of this Agreement, shall expressly survive any termination, including without limitation, those provisions related to indemnity, compliance with law, intellectual property, non-circumvention and notices.
Nonpublic Personal Information (“NPPI”). NPPI must always be handled in the manner prescribed by law. Client acknowledges and understands that it is their responsibility to inform parties to whom they sell, lease, rent, or otherwise convey data to, of herein referred to responsibilities and obligations under applicable law.
Resale. Client agrees and indicates that they will not knowingly convey data provided to the Customer by Higher Images, Inc. to any other party who they suspect would use the data in an illegal or improper manner. Furthermore, the Customer agrees to conduct all necessary due diligence to avoid the conveyance of data being provided to the Customer, to any 3rd party who would employ the data in a wrongful, Illegal or improper way.
I agree with all sections in totality within this terms and conditions.