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| Order Terms and Conditions
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All processing, orders and subsequent use of the data is strictly
subject to the terms and conditions of the License
Agreement and Disclaimer listed below.
LICENSE AGREEMENT AND DISCLAIMER
1. Parties. For purposes of completing this online
transaction, the term User means you (the natural person placing this
order) and/or your company (the company on whose behalf you are placing this
order), and/or the principal creditor on whose authority you are acting, and/or
the cardholder (the person designated by you as the name appearing on the
credit card on which this order is placed). DC.com means Data Partners,
Inc., a Florida corporation, d/b/a DebtorCollect.com.
2. Agreement to be Bound. By proceeding with this online
transaction, User and DC.com hereby agree to be mutually bound by the terms and
conditions set out in this License Agreement and Disclaimer and to the terms of
quantity, price, and payment as set out in this or the previous web pages (Agreement).
The parties further acknowledge the adequacy and sufficiency of the
consideration exchanged in this transaction. Breach by the User of any term,
condition, or warranty herein shall constitute a material breach of this
Agreement.
3. License. User hereby agrees to license from DC.com certain
telephone number data (Data) provided pursuant to this online
transaction. The Data is furnished subject to the restrictions stated herein,
and shall remain the exclusive property of DC.com, the original compiler,
and/or its third-party suppliers. It is the express intent of the parties that
no implied rights to the exclusive use of the Data are herein created or can by
implication of law or interpretation inure to the benefit of User.
4. Permitted Use. User may use the Data only to assist the
User in lawfully determining the location of natural persons owing a bona fide
and legally enforceable and collectible debt to the User (Debtors). No
other use of any kind is permitted, and any contrary use is a material breach
of this Agreement and may subject the User to civil and/or criminal liability.
5. Legal Compliance. User hereby agrees that it is the User
responsibility alone to comply with all applicable federal, state, and local
laws regulating use of the Data, including, but not limited to, the federal
Fair Debt Collection Practices Act, 15 U.S.C.
§ 1692, et seq., the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and
any regulations implementing those laws, (collectively referred to herein as Debt
Collection Law). User acknowledges and agrees that DC.com bears no
responsibility for ensuring such compliance, nor does DC.com warrant that the
Data supplied hereunder is compliant with Debt Collection Law. User agrees that
its use of the Data will comply with Debt Collection Law in every respect.
6. Warranties by User. User hereby swears, warrants, or
affirms under penalty of perjury that all of the following is true and correct:
a. User, or the User legal counsel, has performed a comprehensive review of
Debt Collection Law; b. User has reviewed its debt collection practices in
light of Debt Collection Law and has determined that its debt collection
practices are fully compliant with the requirements of Debt Collection Law; c.
the Data will be used in the User debt collection practices only as means to
locate Debtors for the purpose of lawful debt collection; d. the User has not
yet located the Debtor; e. User has no reason to believe that the Debtors
sought to be located have retained legal counsel in regard to the debt to be
collected; and f. Any of the User communication with any third party regarding
the Debtor that is occasioned through use of the Data shall: i. be limited to
the purpose of determining the location of the Debtor; ii. include accurate
disclosure of the identity of the User; iii. not expressly state our imply that
the Debtor owes any debt; iv. not expressly state or imply that the User is in
the business of debt collection or that the nature of the inquiry is the
collection of debt. g. Upon successful location of the Debtor, the User will
validate the debt by written notice by the method and within the period
prescribed by law before any further collection activity. User furthermore
swears, warrants, or affirms under penalty of perjury that the Data will NOT be
used: a. to attempt to collect a debt that has been expressly disputed by a
Debtor and not yet validated by User; b. to attempt to collect a debt from a
Debtor who has affirmatively refused to pay the debt sought to be collected and
has directed the User to cease collection actions; c. to attempt to collect a
debt that is invalid, expired, fraudulently acquired, or unenforceable under
applicable law; d. to attempt to collect a debt at an inconvenient, unusual, or
unreasonable place or time; e. to harass, intimidate, oppress, abuse, annoy, or
embarrass any person, including, but not limited to, the Debtor, the Debtor
family, friends, neighbors, or other third parties; f. to make express or
implied threats of physical violence, unlawful seizure of property, or taking
civil or criminal legal action for which there is no basis in law or that the
User does not in good faith intend to take; g. to obtain any information
already possessed by the User, including information regarding the location of
the Debtor; h. to contact any third party regarding the Debtor when the User
already knows the location of the Debtor; i. to make false or misleading claims
or communication regarding the status of any debt, the identity of the User
(including whether the User is an attorney), the amount owed by the Debtor,
whether legal process has or will be taken against the Debtor, or suggesting
that the Debtor has committed a crime; j. to create or publish a list of
Debtors who refuse to pay their debts; k. to contact any debtor who is known by
the User to be represented by legal counsel; l. to create any directory or
derivative product; m. for telemarketing products or services, solicitation of
donations or political support, surveying or polling, or sales of any kind; n.
for resale to a third party in any form; or o. in any manner that may infringe
any ownership, copyright, or proprietary interest of DC.com or the original
compilers of the Data.
7. Errors. User agrees that DC.com bears no responsibility for
errors in the query, compilation, selection, or provision of the Data.
8. Waiver of Claims. User agrees that in no event will the
DC.com liability exceed the amounts actually paid to DC.com under this
Agreement, and User hereby expressly waives right or claim to any other damages
or legal recourse.
9. Indemnification. User hereby agrees, to the fullest extend
permitted by law, to indemnify and hold harmless DC.com for any and all claims,
suits, penalties, fines, fees, damages or losses, including attorney fees, that
may arise from the User breach of its representations or warranties made herein
or any of its acts or omissions involving the use of the Data.
10. Disclaimer of Warranty. NOTWITHSTANDING ANY OTHER
STATEMENT TO THE CONTRARY HEREIN, THE DATA SUPPLIED TO USER HEREUNDER IS
PROVIDED AS IS, AND DC.com EXPRESSLY DISCLAIMS AND ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED. DC.com
SHALL NOT BE LIABLE FOR ANY LOSSES, LIABILITIES, OR DAMAGES, INCLUDING DIRECT,
INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING FROM
THE USE OF, OR RELATED TO, THE DATA.
11. Controlling Law & Forum. This Agreement shall be
governed by the laws of Florida (excepting Florida laws pertaining to conflicts
of law), and in no event shall be governed by the United Nations Convention on
Contracts for the International Sale of Goods. User and DC.com hereby consent
to the exclusive jurisdiction of and venue in the federal and/or state courts
located in Lee County, Florida, for all claims arising out of or relating to
this Agreement.
12. Integration & Modification. This Agreement represents
the full extent of the Agreement between the parties and may not be modified
orally, any modification to be made only in a separate writing signed by the
parties.
13. Attorney Fees. Should DC.com bring or take any action to
enforce or collect upon this Agreement, including, but not limited to,
collection, pretrial, mediation, arbitration, trial, and any appeal, DC.com
shall be entitled to all costs arising therefrom, including, but not limited
to, costs of collection, costs of execution, court costs, and a reasonable
attorney fees.
14. Refunds. Any refunds shall be governed by the refund
policy set out on the www.DebtorCollect.com website, as may be amended from
time to time. This transaction is not otherwise subject to refund or
cancellation.
15. Authorized Purchase. The User/cardholder warrants that
he/she is 18 years of age or older and is authorized to enter into this
Agreement and make this online purchase on the User behalf on the credit card
number entered.
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