Please read these Terms and Conditions (“Terms”) carefully as they create a legally binding agreement between Client/Licensee and AmeriList, Inc. Licensor. These Terms govern your use of the data, print, and direct marketing services you purchase from AmeriList, Inc.
The terms and conditions outlined here may be in conjunction with any additional terms outlined in various order forms, invoices, and proof approval forms furnished during the sales process.
If you do not agree to these Terms, please immediately cease any use of AmeriList, Inc. products and services and notify your company representative.
AmeriList, Inc. acts as an agent in this transaction between the client/mailer/data licensee and the list owner, list manager, or list broker. AmeriList, Inc. will not be liable for any claim, demand, loss, liability, damage, injuries, cost, or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by AmeriList, Inc. to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether AmeriList, Inc. was advised of the possibility of such damages. AmeriList, Inc. maximum liability will not exceed the amount you paid AmeriList, Inc. AmeriList, Inc. will not be liable for postage costs that were received and redeemed to the USPS on behalf of any direct mail marketing campaigns, including campaigns that we acted as the mailing agent.
Limited License: You are granted a license to utilize the provided data strictly in line with these terms and conditions, alongside any supplementary terms detailed on any associated invoice or agreement mutually executed. Unless explicitly authorized through a mutually executed agreement, you are prohibited from selling, sublicensing, transferring, or otherwise disclosing any portion of the provided data or information to third parties external to your business organization.
Customer Responsibilities: You are obligated to ensure compliance with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, do not call and do not fax regulations. You shall indemnify and hold AmeriList, Inc. harmless from any claims arising, in whole or part, from your breach of these terms and conditions. For resolving disputes related to your use of the data, the information, or these terms and conditions, exclusive jurisdiction shall reside with the state and federal courts located in New York, deemed by you as "convenient and appropriate" forums.
Client Obligations and Liability: The client must ensure that any offers made using AmeriList, Inc. 's data are in good taste and comply with all applicable laws and regulations. AmeriList, Inc. takes reasonable care in providing information but does not assume liability for its correctness, or for the information from which it is compiled. AmeriList, Inc.'s liability for any claim under this Agreement will not exceed the total charges paid by the Client for the data. The Client acknowledges that AmeriList, Inc. data is not intended for credit purposes and agrees not to use it for such purposes. The Client agrees to comply with all federal, state, and local laws and regulations in connection with the use of AmeriList, Inc. data. The data must not be used for mailing pornographic material, chain letters, pyramid solicitations, or similar purposes. The Client agrees that the information provided is for their use only and will not be duplicated or resold. AmeriList, Inc. data may only be used for the Client's internal direct marketing programs. In the event of late payment, the Company agrees to pay all costs of collection, including court costs and attorney's fees.
Exclusive Limited Warranty: AmeriList, Inc. does not warrant the accuracy or completeness of the supplied data or information. Within 3 days following receipt of the data and information, you must inspect and report to AmeriList, Inc. any operational failures or material inaccuracies. Should AmeriList, Inc. be notified within this timeframe of such issues, it reserves the right to either rectify the issue or, at its sole discretion, refund the portion of the purchase price about the materially incorrect data or information, or the entire product. This warranty is exclusively limited; AmeriList, Inc. expressly disclaims any further warranties, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. AmeriList, Inc. shall not be liable for lost profits, consequential, incidental, or special damages, or any claims akin in nature. Should this limited warranty fail its essential purpose, or under any other circumstances, AmeriList, Inc.'s total liability is limited to the purchase amount received by AmeriList, Inc. for the product. By proceeding with the data order and utilizing the provided list, you consent to abide by all our terms and conditions of use. All orders are considered final sales; no returns or refunds are permissible.
Final Sale; No Returns or Refunds: Due to the nature of our data products, which can be easily copied or duplicated, all sales conducted with AmeriList, Inc. and its affiliates are final. We do not offer returns, exchanges, or refunds once a purchase has been completed. Orders that are paid and canceled before shipment will incur a 25% run charge. This policy is in place to prevent unauthorized duplication and protect our data products' integrity and proprietary value. By completing your purchase, you acknowledge and agree that you have made a final sale and that no returns, exchanges, or refunds will be provided under any circumstances. We encourage customers to carefully review their orders and the product descriptions before making a purchase.
Email Marketing Orders: AmeriList, Inc. hereby notifies the Client that it does not provide any guarantee regarding the deliverability or connectivity of email orders. The Client acknowledges that open and click-through rates for each email campaign are subject to variability and influenced by numerous factors including audience demographics, subject lines, creative content, and timing. Any representation of average open rates provided by AmeriList, Inc. solely indicates past performance and does not constitute a guarantee of future results. The Client acknowledges and agrees to comply with the CAN-SPAM Act regulations in all email communications. The Client further warrants that they possess sufficient knowledge regarding the email server they utilize to deploy their email campaigns. The email list provided by AmeriList, Inc. is strictly for individual use and may not be shared, duplicated, or transferred in any form. The Client accepts full responsibility for compliance with CAN-SPAM and general spam laws. AmeriList, Inc. shall not be held liable for any interruptions or monetary loss resulting from the enforcement of these Terms of Service or the Data Use Policy. AmeriList, Inc. disclaims any liability for punitive or compensatory damages arising from potential revenue loss. It is expressly understood that AmeriList, Inc.'s liability for any claim is strictly limited to direct damages; indirect, incidental, special, or consequential damages are hereby excluded.
Printing & Lettershop Orders: AmeriList, Inc. employs various printing methods and skilled professionals to ensure high-quality output using state-of-the-art equipment. Slight color variations between proofs and final prints are expected due to differences in equipment, paper, inks, etc., and are considered acceptable. AmeriList, Inc. does not guarantee color matching and will not reprint orders for color variations occurring during the printing process. All orders must be prepaid due to our fast turnaround time. Net billing accounts require pre-approval, and bounced check fees apply. By providing payment information, clients authorize AmeriList, Inc. to charge outstanding balances to the provided payment method. AmeriList, Inc. reserves the right to refuse printing of any material deemed improper or illegal. Clients are responsible for ensuring the legality of submitted content. All sales are final once orders are processed, and cancellation fees apply based on the stage of order completion. Clients must promptly contact AmeriList, Inc. regarding any issues with their order. Quotations are based on accurate specifications provided by the client, and AmeriList, Inc. may re-quote a job if the provided art does not align with the original estimate. Clients are responsible for maintaining copies of original computer files, artwork, and transparencies. AmeriList, Inc. is not liable for accidental loss or damage to client-supplied media or errors on supplied artwork. Client alterations must be specified in writing and may incur additional charges. AmeriList, Inc. provides an "online proof" for client approval, which serves as a final opportunity to check layout, bleeds, crops, and text. AmeriList, Inc. will not proceed to press without client approval, and any delay in the approval process is the client's responsibility. A fee may apply for each submission of new artwork, excluding cases of corrupt original files. Charges for delivery of materials and supplies from the client to AmeriList, Inc. are not included in quotations unless specified. AmeriList, Inc. is not liable for delays or damages incurred during shipping. Claims for defects, damages, or shortages must be made in writing within 10 calendar days of delivery. By accepting the job, the client acknowledges satisfaction with AmeriList, Inc.'s performance. AmeriList, Inc. guarantees its turnaround time, with specifics outlined on each product page. Turnaround begins after proof approval. These terms and conditions govern the relationship between AmeriList, Inc. and its clients. By placing an order, clients agree to adhere to these terms. We require that postage payments be made via check or wire transfer. However, should a credit card be used, AmeriList, Inc. will apply a 5% fee to cover our credit card processing expenses, as postage is not considered a revenue stream or profit center but rather viewed as a loss to our business. Each job includes up to three rounds of complimentary revisions. Any additional revisions beyond this limit will be subject to billing at a rate of $95 per hour, with charges applied in 15-minute increments. For all print jobs involving mailing services, please note that 2-3 business days will be added to the posted turnaround times. We must receive your mailing (data) list at least 2-3 business days before the requested mailing date to ensure smooth processing. Failure to provide the mailing list within this timeframe may necessitate rush fees. Any changes to your print or mail schedule should be communicated promptly, and we will endeavor to accommodate such revisions. For postage payments made using our permit number, we require that all check payments be in our possession at least one day before your scheduled mail date. Failure to submit the postage deposit promptly may result in the U.S. Postal Service refusing to accept your mail. Please note that under no circumstances will postage be refunded once a job has been mailed. Clients must ensure that adequate postage is advanced to cover the entire mailing, including international fees if applicable. For clients using their own permit, funds must be deposited the day before the scheduled drop date, with a copy of the postal receipt faxed to our office as proof. Failure to deposit funds promptly, resulting in mail being returned, will incur a trip fee. These terms and conditions govern the payment methods, design revisions, scheduling, and postage requirements for services provided by AmeriList, Inc. Clients are expected to adhere to these terms, and failure to do so may result in delays or additional fees.
Telemarketing Orders: The release of telephone numbers by AmeriList, Inc. for use by clients in their marketing campaigns are not opted-in, meaning they have not been voluntarily submitted by individuals for marketing purposes. It is the responsibility of the client to inform AmeriList, Inc. if they require their call list to be scrubbed against the Federal Do Not Call List. Clients must ensure compliance with federal laws governing the use of telephone numbers for marketing purposes. The telephone numbers provided, whether landline or cell phone numbers are not permission-based. Clients must strictly adhere to federal laws when contacting these cold prospects. Clients are obligated to comply with all federal laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), and ensure lists are DNC(Federal and State) compliant when using the provided telephone numbers for marketing purposes. Clients are responsible for registering and securing a valid SAN # from the DNC website. AmeriList, Inc. disclaims any liability for client actions that violate federal laws or regulations governing telephone marketing. Clients assume full responsibility for any legal consequences resulting from the use of telephone numbers provided by AmeriList, Inc. By utilizing the telephone numbers provided by AmeriList, Inc., clients acknowledge and agree to abide by the terms outlined in this document. Generally, most list owners will provide an accuracy guarantee of 95% accuracy and some will replace data that is below 95% postal deliverability and 85% phone connection rate upon submission of a report or proof of bad records. AmeriList, Inc. cannot be held responsible or liable for any illegal use of the marketing lists provided.
Fees and Payments: Fees outlined in each applicable Schedule must be paid in full by Client based on the terms set forth by AmeriList, Inc. Clients on a NET Fee basis and have not paid within thirty (30) days will accrue interest at the highest rate allowed by applicable law. In the event that Client fails to make timely payments, AmeriList, Inc., in its sole discretion, may suspend Client’s access to the Product Suite and/or accelerate the payment terms to require the amount of all remaining Fees due immediately. The Fees outlined in each Schedule are exclusive of any taxes. Client shall pay all taxes of any type, nature, or description associated with its purchases under a Schedule (including, but not limited to, sale, use, gross receipts, excise, import, export, income, and employment taxes); provided.
Mailer-Specific Terms: This Section only applies if the Client is a mailer or is acting as an agent for a mailer. Client acknowledges and agrees that all rental names furnished by AmeriList, Inc. are provided for the sole and exclusive one-time use by Client in connection with the mail piece materials approved by AmeriList, Inc. and are not for use by any third party. Client agrees to indemnify, defend, and hold harmless AmeriList, Inc. and the owner(s) of any lists and/or rental names furnished to AmeriList, Inc. from any claim or cause of action arising out of or relating to Client’s use of the lists and/or rental names in violation of this Agreement. Client represents and warrants that its use of any rental names and/or lists will in all cases comply with all laws and regulations and that all mail or other marketing programs using any rental names and/or lists will conform to the Direct Marketing Association’s Ethical Guidelines for direct marketing practices. The rental names and lists are provided as-is. Client agrees that neither AmeriList, Inc. nor any owner(s) of any lists and/or rental names furnished to AmeriList, Inc. will be liable for any loss or injury arising out of procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the rental names and/or lists. Client will not use any trade names, trademarks, service marks, or copyrighted materials of AmeriList, Inc. or any owner(s) of any lists and/or rental names furnished to AmeriList, Inc. in listings or advertising in any manner without the prior written approval of AmeriList, Inc.
Product Seeding: AmeriList, Inc. has a process to randomly monitor Client’s use of the Product, through seeding or other means, to ensure Client’s use is in accordance with this Agreement and the Schedules.
Acceptance of Terms and Payment Submission: By submitting your credit card information for the payment of services provided by AmeriList, Inc., you acknowledge and agree to our payment terms and conditions. Clicking the button below signifies your acceptance of payment for the transaction with AmeriList, Inc. The specific terms of the transaction are detailed in your agreement with AmeriList, Inc. Upon submitting payment, you also consent to adhere to the Terms of Use and Privacy Policy.
If this quote meets your approval, you may accept and remit payment. Furthermore, you certify that you are an authorized signatory for the company listed on the order form. Upon receipt of acceptance and payment, AmeriList, Inc. will proceed to process your order and deliver the product as outlined in the order form. Please note that this document does not serve as an invoice.
By accepting this order and submitting payment, I affirm that I have thoroughly read, understood, accepted, and agreed to the TERMS & CONDITIONS outlined by AmeriList, Inc., published on 03/01/2024.