Please read these Terms and Conditions ("Terms") carefully. These Terms constitute a legally binding agreement between the Client/Licensee (“Client”) and AmeriList, Inc. (“Licensor”), governing the acquisition and use of direct marketing data, email marketing services, and print and mailing services provided by AmeriList, Inc.
These Terms are incorporated by reference into, and shall be deemed part of, any and all related agreements, including but not limited to executed order forms, quote forms, invoices, insertion orders, and proof approval forms issued in connection with the services.
By accepting, accessing, or utilizing any of the aforementioned services or data, the Client agrees to be bound by these Terms. If the Client does not agree to these Terms, they must immediately discontinue use of all AmeriList, Inc. products and services and notify their assigned AmeriList representative in writing.
By submitting payment, you acknowledge and agree that all data products, custom printing, and direct mail services provided by AmeriList, Inc. are final and non-refundable. You further confirm that you have reviewed and approved the scope of services and understand that due to the customized nature of these offerings, no cancellations, returns, or chargebacks will be accepted. Unauthorized chargebacks will be considered a breach of this agreement.
AmeriList, Inc. (“AmeriList”) acts solely as an agent in facilitating transactions between the Client/Mailer/Data Licensee (“Client”) and third-party list owners, list managers, or list brokers (“Data Providers”). As such, AmeriList does not own or control the data licensed and makes no representations or warranties regarding its accuracy, completeness, or fitness for a particular purpose.
To the fullest extent permitted by law, AmeriList shall not be liable for any claim, demand, loss, liability, damage, injury, cost, or expense (including reasonable attorneys’ fees and legal costs), whether arising in contract, tort, or otherwise, and whether direct, indirect, incidental, special, consequential, or otherwise, arising out of or relating to the use of any data or services provided hereunder, or any actual or alleged failure by AmeriList to perform under this Agreement, even if AmeriList has been advised of the possibility of such damages.
In no event shall AmeriList’s total cumulative liability under this Agreement exceed the total amount actually paid by the Client to AmeriList for the specific data or services giving rise to the claim.
Furthermore, AmeriList shall not be liable for any postage funds remitted by the Client and disbursed to the United States Postal Service (“USPS”) in connection with any direct mail campaign, including those for which AmeriList serves as the mailing agent. All such postage funds are non-refundable and outside the scope of AmeriList’s financial responsibility once transferred to USPS.
Limited License: Subject to the terms of this Agreement and any applicable invoice or mutually executed agreement, AmeriList, Inc. (“AmeriList”) hereby grants Client a limited, non-exclusive, non-transferable, non-sublicensable license to use the licensed data solely for Client’s internal direct marketing purposes. This license is restricted to the specific use case(s) described in the applicable agreement or invoice and is conditioned on full compliance with all terms herein. Except as expressly authorized in a separate, mutually executed agreement, Client shall not sell, rent, lease, sublicense, transfer, assign, reproduce, or otherwise disclose any portion of the data to any third party, including but not limited to affiliates, contractors, or vendors not under the direct employment or control of Client. Any unauthorized use or disclosure shall constitute a material breach of this Agreement and shall immediately terminate the license granted herein.
Client Responsibilities and Legal Compliance: Client agrees to comply with all applicable federal, state, and local laws, rules, and regulations in connection with the use of any data or services provided by AmeriList, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Do Not Call (DNC) regulations, and Do Not Fax rules. Client shall indemnify, defend, and hold harmless AmeriList, its officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) arising out of or related to Client’s breach of this Agreement or misuse of the data. Client further acknowledges and agrees that the exclusive venue and jurisdiction for any dispute, controversy, or claim arising out of or relating to this Agreement or the use of AmeriList’s data shall be the state and federal courts located in the State of New York, which Client hereby designates as a convenient and appropriate forum.
Client Use Obligations and Limitations: Client agrees that all marketing materials, offers, or solicitations conducted using AmeriList’s data shall be in good taste and compliant with all applicable laws and industry best practices. Client expressly acknowledges that AmeriList provides data compiled from various public and proprietary sources and does not warrant the accuracy, completeness, or fitness for a particular purpose of such data. AmeriList shall not be liable for any inaccuracies or omissions in the data provided. In no event shall AmeriList’s liability exceed the total amount paid by Client for the specific data set or service giving rise to the claim. The data provided by AmeriList shall not be used for credit determination, employment screening, insurance underwriting, or any other purpose regulated by the Fair Credit Reporting Act (FCRA). Additionally, Client agrees not to use the data for unlawful purposes, including but not limited to the distribution of pornographic materials, chain letters, pyramid schemes, or other fraudulent or deceptive activities. Unless otherwise expressly agreed to in writing, the data is licensed for single-use only and may not be copied, duplicated, resold, or otherwise redistributed. Client shall not use AmeriList data for the benefit of any party other than itself.
Collection and Enforcement: In the event of non-payment or late payment of any invoiced amount, Client agrees to pay all costs incurred by AmeriList in the enforcement and collection of such amounts, including reasonable attorney’s fees, court costs, and related expenses.
Exclusive Limited Warranty: AmeriList, Inc. (“AmeriList”) makes no representations or warranties, express or implied, as to the accuracy, completeness, or performance of the data or information provided. All data is supplied “as is.” Client shall be solely responsible for inspecting and testing the data or information within three (3) business days of receipt. Any claims regarding material inaccuracies or operational defects must be submitted in writing to AmeriList within this inspection period. If AmeriList determines, in its sole and absolute discretion, that a material error exists and that such error was not the result of Client’s misuse or modification of the data, AmeriList’s sole and exclusive obligation shall be either: (a) to correct or replace the affected portion of the data; or (b) to refund to Client the portion of the purchase price attributable to the materially defective data or information. This limited warranty is exclusive and is in lieu of all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. No oral or written information or advice provided by AmeriList, its employees, agents, or representatives shall create any warranty not expressly stated herein. In no event shall AmeriList be liable for any indirect, incidental, special, punitive, or consequential damages (including, without limitation, lost profits or business opportunities), even if AmeriList has been advised of the possibility of such damages. If the foregoing limitation is found to be unenforceable under applicable law or deemed to have failed in its essential purpose, AmeriList’s total liability to Client under any legal or equitable theory shall not exceed the total amount paid by Client to AmeriList for the specific product or service giving rise to the claim.
Final Sale; No Returns or Refunds: All sales made by AmeriList, Inc. (“AmeriList”), including those conducted through its affiliates, are final and non-cancelable due to the proprietary and reproducible nature of the data and services provided. Once data or related products have been delivered, or access thereto has been granted, no returns, exchanges, credits, or refunds shall be issued under any circumstances. In the event that an order is canceled after payment but prior to delivery, Client shall remain liable for a processing fee equal to twenty-five percent (25%) of the total order value to cover administrative and production costs (“Run Charge”). Such fee shall be deducted from any eligible refund, which must be expressly approved in writing by an authorized officer of AmeriList. This policy is implemented to safeguard the confidentiality, value, and proprietary integrity of AmeriList’s data products and services, and to prevent unauthorized duplication or misuse. By placing an order with AmeriList and proceeding with any purchase or use of data, Client expressly acknowledges and agrees to be bound by all applicable terms and conditions set forth herein. Client further understands and accepts that all transactions are deemed final upon submission and that no exceptions shall be made absent a mutually executed written agreement stating otherwise.
Governing Law and Jurisdiction: This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. The parties agree that the exclusive venue for any legal action or proceeding arising under or related to this Agreement shall be the state or federal courts located in Rockland County, New York. The parties hereby irrevocably consent to the personal jurisdiction of such courts and waive any objections to such venue, including those based on forum non conveniens.
Execution and Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be considered an original. All counterparts, when taken together, shall constitute a single, unified instrument. The Agreement may be executed and delivered through electronic or facsimile signature, or by completing payment via the provided payment link, each of which shall be deemed to have the same legal effect as the delivery of an original, physically signed copy.
Data Security and Breach Responsibility: The Client/Licensee acknowledges and agrees that it is solely responsible for securely storing, managing, and protecting all licensed data, including but not limited to personally identifiable information (“PII”), in accordance with applicable data protection laws and industry-standard security practices. AmeriList, Inc. shall bear no liability for any actual or alleged data breach, unauthorized access, or misuse arising from the Client/Licensee’s failure to safeguard the data appropriately. In the event of a data breach involving the licensed data, the Client/Licensee shall immediately comply with all applicable federal, state, and local laws governing breach notification and remediation. The Client/Licensee shall promptly implement corrective actions and mitigation measures. The Client/Licensee agrees to defend, indemnify, and hold harmless AmeriList, Inc., including its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to such breach.
Limitation of Liability and Prohibited Use: AmeriList, Inc. expressly disclaims all liability for any use of its data products that results in fraud, deception, identity theft, scamming, or any unlawful or unethical conduct. The Client/Licensee understands and agrees that data provided by AmeriList, Inc. shall be used exclusively for lawful, internal direct marketing, research, or business development purposes. Any use of the data in violation of applicable laws or these Terms including but not limited to deceptive practices or harm to individuals or entities, shall constitute a material breach of this Agreement. Client/Licensee assumes full responsibility and liability for any unlawful or improper use of the data and agrees to defend, indemnify, and hold harmless AmeriList, Inc., its affiliates, officers, directors, employees, and agents from any third-party claims, damages, or expenses arising therefrom. Unless expressly authorized in writing by AmeriList, Inc., the license granted is non-transferable and limited solely to the internal use of the Client/Licensee. The Client/Licensee is strictly prohibited from sublicensing, reselling, transferring, disclosing, or otherwise distributing the data to any third party. This prohibition extends to indirect or derivative forms of dissemination, including comparative analysis or unauthorized benchmarking.
Email Marketing Orders: AmeriList, Inc. expressly disclaims any warranty or guarantee with respect to the deliverability, connectivity, open rates, or click-through performance of any email marketing campaign. The Client acknowledges that such performance metrics are inherently variable and may be influenced by numerous factors, including but not limited to: recipient behavior, content quality, subject lines, deployment timing, creative assets, and target demographics. Any statistics or figures provided by AmeriList, Inc. in reference to historical open rates or campaign performance are intended solely for informational purposes and shall not be interpreted as a representation or guarantee of future results. The Client represents and warrants that all email communications shall fully comply with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act and any other applicable laws governing email marketing practices. The Client further warrants that they possess sufficient technical knowledge and infrastructure to manage their email deployment system in accordance with industry best practices. All email data provided by AmeriList, Inc. is licensed for single use only and may not be duplicated, sublicensed, shared, transferred, or otherwise disseminated without the express prior written consent of AmeriList, Inc. The Client assumes sole responsibility for legal compliance and agrees to indemnify, defend, and hold harmless AmeriList, Inc. and its officers, directors, employees, and affiliates from any and all claims, damages, or liabilities arising out of the Client’s misuse of the email data. AmeriList, Inc. shall not be held liable for any consequential, incidental, or punitive damages, including but not limited to loss of profits or revenue, interruption of business, or enforcement of applicable data or spam policies. The sole and exclusive remedy available to the Client, if any, shall be limited to direct damages not exceeding the amount paid for the specific order in question.
Printing and Lettershop Orders: AmeriList, Inc. utilizes advanced printing technologies and professional equipment to produce high-quality printed materials. Notwithstanding, minor color variations between on-screen proofs and final printed materials are to be expected and shall not constitute grounds for reprinting or refund. Exact color matching is not guaranteed due to differences in inks, substrates, and machinery. All print orders must be prepaid in full prior to production. Net terms are granted only upon written approval, and a fee shall apply to any returned or dishonored checks. Submission of payment information shall serve as authorization for AmeriList, Inc. to charge the Client’s payment method for outstanding balances. AmeriList, Inc. reserves the right to refuse the printing or mailing of any materials deemed unlawful, offensive, or inappropriate at its sole discretion. Clients are solely responsible for ensuring that all submitted content complies with applicable local, state, and federal laws. All sales are final once an order enters production. Cancellations are subject to applicable fees based on the stage of completion. Clients must review and approve all digital proofs before production. Delays in providing artwork or approving proofs may result in extended turnaround times. AmeriList, Inc. shall not be liable for delays caused by late submissions or approvals. Clients are responsible for the retention and backup of all submitted artwork, files, and data. AmeriList, Inc. assumes no liability for loss, damage, or errors in client-supplied materials. Alterations requested after proof approval may incur additional charges. Up to three (3) rounds of revisions are included; additional revisions will be billed at $125 per hour in 15-minute increments. Shipping costs are not included unless specifically outlined in the quote. AmeriList, Inc. is not responsible for delays, loss, or damages incurred during shipping. Postage payments must be submitted via check or wire transfer. If a credit card is used for postage, a 5% processing fee will be applied. Postage deposits using AmeriList, Inc.'s permit must be received at least one (1) business day prior to the scheduled mail date. Failure to remit timely postage may result in mail rejection by the U.S. Postal Service and associated fees. Turnaround times commence upon final proof approval. For mailings, 2–3 additional business days are required post-approval. Mailing data must be received at least 2–3 business days before the scheduled mail date. Failure to meet this requirement may result in rush fees. By placing a printing or mailing order, the Client acknowledges and agrees to be bound by these terms. Claims for defects or shortages must be submitted in writing within ten (10) calendar days of delivery.
Telemarketing Orders: The Client acknowledges and agrees that the telephone records supplied by AmeriList, Inc. are not opt-in or permission-based, and are to be treated as cold contacts. AmeriList, Inc. makes no representation that the data provided is compliant with any federal or state Do Not Call (DNC) regulations unless explicitly contracted for scrubbing services. It is the Client’s sole responsibility to request and confirm DNC scrubbing services if required. The Client must ensure full compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and all other applicable federal and state laws, rules, and regulations governing outbound telemarketing campaigns. The Client is responsible for registering with the Federal Trade Commission’s DNC registry and for obtaining a valid Subscription Account Number (SAN) prior to initiating any telemarketing campaign. AmeriList, Inc. disclaims any and all liability for claims, penalties, fines, or damages arising from Client misuse or unlawful application of the data provided. AmeriList, Inc. provides telephone data as-is and assumes no liability for the Client’s legal obligations or operational compliance. The Client agrees to indemnify, defend, and hold harmless AmeriList, Inc. and its officers, directors, employees, and affiliates from any liability or claims arising from the Client’s telemarketing activities or misuse of provided data. Where applicable, AmeriList, Inc. shall endeavor to provide records sourced from vendors offering a minimum accuracy guarantee of 95% postal deliverability and 85% telephone connectivity. Any potential data replacement for underperforming records shall be subject to verification and at the sole discretion of the original list owner. By using telemarketing data provided by AmeriList, Inc., the Client accepts full responsibility for compliance and agrees to be bound by the terms set forth herein.
Fees and Payments: The Client agrees to pay all Fees set forth in the applicable Schedule, in full and according to the payment terms specified by AmeriList, Inc. In the event that the Client operates under a NET Fee arrangement and fails to remit payment within thirty (30) days of the due date, interest shall accrue on the outstanding balance at the maximum rate permissible by applicable law. If the Client defaults on any payment obligations, AmeriList, Inc. reserves the right, at its sole discretion, to suspend the Client’s access to the Product Suite, and/or accelerate all remaining payment obligations, making the full balance of Fees immediately due and payable. The Fees detailed in each Schedule are exclusive of any applicable taxes, duties, or other governmental charges, whether federal, state, or local. The Client is responsible for the payment of all taxes of any type, including but not limited to sales tax, use tax, gross receipts tax, excise tax, import/export tax, income tax, and employment-related taxes that may arise in connection with the Client’s purchases under any Schedule.
Mailer-Specific Terms: This section applies solely to Clients who are mailers or act as agents on behalf of mailers. The Client acknowledges and agrees that all rental names and data provided by AmeriList, Inc. are to be used exclusively for one-time purposes in connection with the specific marketing materials approved by AmeriList, Inc. The rental names are provided solely for the Client's use and shall not be shared, transferred, or used by any third party. The Client agrees to indemnify, defend, and hold harmless AmeriList, Inc. and the owners of any lists and/or rental names from any claims, demands, or causes of action arising from the Client's use of the rental names or lists in violation of this Agreement. The Client represents and warrants that its use of the rental names and lists shall comply with all applicable laws, regulations, and industry standards, including adherence to the Direct Marketing Association’s Ethical Guidelines. The rental names and lists are provided “as-is.” AmeriList, Inc. and the owners of the rental names and lists shall not be liable for any loss, damage, or injury resulting from the procurement, compilation, collection, interpretation, or delivery of such names and lists. Furthermore, the Client shall not use any trade names, trademarks, service marks, or copyrighted materials of AmeriList, Inc. or any list owners in any marketing materials or advertising without prior written approval from AmeriList, Inc.
Product Seeding: AmeriList, Inc. reserves the right to monitor the Client’s use of the Product through a process known as "seeding" or other comparable methods to ensure that the Client is in full compliance with the terms of this Agreement and the applicable Schedules. This monitoring is performed at AmeriList, Inc.’s discretion and is designed to detect any improper or non-compliant use of the Product.
Acceptance of Terms and Payment Submission: By submitting credit card information for the payment of services provided by AmeriList, Inc., the Client acknowledges and agrees to the payment terms outlined in this Agreement. The Client’s submission of payment constitutes acceptance of the terms set forth in the agreement, including the Terms of Use and Privacy Policy of AmeriList, Inc. Clicking the payment submission button signifies the Client’s consent to complete the transaction and indicates the Client’s binding acceptance of the Terms and Conditions outlined herein.
By accepting this Agreement through execution or submission of payment, the parties acknowledge they have read, understood, and agree to be bound by the terms and conditions as set forth herein.