i. BML will provide clients professional solutions for all of their
email marketing needs.
ii. BML will provide clients with statistics and clicker "prospect"
after the campaign has been completed.
iii. BML will provide tracking reports with full statistics for each
email marketing campaign including emails :..delivered, opened, and clicked.
iv. Client provides mailer and landing web site.
v. “Unsubscribes" will be processed by BML.
2. FEES FOR SERVICES: For each of the Products described above, the fee will be
provided by BML and paid by client at the time the service is ordered.
3. REFUND POLICY AND REPLACEMENT: Due to the nature of our product, You agree and
acknowledge that BML maintains a no refund policy on all products and
services offered. BML will replace all hard bounces of emails that
exceeds 75% when using BML’s deployment services.
BML does not guarantee its data if deployed by your own service or an
outsource deployment service. If You are dissatisfied with any product or service
offered by BML Your exclusive remedy is to discontinue use of the
service without refund of any kind whatsoever.
4. WARRANTIES: BML is not responsible for damages incurred by
the inclusion of spam traps in any database sold, delivered to, or leased under this
agreement. BML service is provided on an "as is" and "as available"
basis. you expressly agree that use of any service offered by BML is
at your sole risk. to the fullest extent permissible pursuant to applicable law,
BML disclaims all warranties of any kind, whether express or implied,
including without limitation any warranty of merchantablity, fitness for a particular
purpose or non-infringement. BML does not make any warranty that its
service will meet your requirements, or that any service offered by
BML will be uninterrupted, timely, secure, or error free, or that
defects, if any, will be corrected; nor does BML make any warranty as
to the results that may be obtained from the use of any service offered by
BML or as to the accuracy or reliability of any information obtained
through any service offered by BML. you understand and agree that any
material and/or data downloaded or otherwise obtained through the use of any service
offered by BML is at your own discretion and risk, and that you will
be solely responsible for any damage to your computer system or loss of data that
results from the download of such material and/or data. BML does not
make any warranty regarding any goods or services purchased or obtained through or from
any service offered by BML or any transactions entered into by use of
or through any service offered by BML. no advice or information,
whether oral or written, obtained by you from BML or through any
service offered by BML shall create any warranty not expressly made
herein. some jurisdictions do not allow the exclusion of certain warranties, so some of
the above exclusions may not apply to you.
5. LIMITATION OF LIABILITY: under no circumstances, including, without limitation,
negligence, shall BML or its parents, subsidiaries, affiliates,
officers, directors, employees, agents, or suppliers be liable for any direct, indirect,
incidental, special, or consequential damages resulting from the use or the inability to
use any service offered by BML, or for the cost of procurement of
substitute goods and services or resulting from any goods or services purchased or
obtained or messages received or transactions entered into by means of or through any
service offered by BML, or resulting from unauthorized access to or
alteration of your transmissions or data, or other information that is sent or received
or not sent or received, including but not limited to, damages for loss of profits, use,
data, or other intangibles, even if BML has been advised of the
possibility of such damages. you agree that BML is not liable for any
failure to deliver, hold, or store email transmitted through the service. you agree that
BML does not endorse the subject matter of any of its lists or any of
the contents of communications transmitted through its service. you also agree that
BML shall not be responsible or liable to you, or to anyone, for the
statements or conduct of any third party on or arising from use of any service offered
by BML. if you are dissatisfied with any service offered by
BML your exclusive remedy is to discontinue use of the service without
refund of any kind whatsoever. you agree, and acknowledge awareness that
BML maintains a no refund policy on all products and services offered
at all times.
6. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless
BML, its parents, subsidiaries, affiliates, officers, directors,
employees, agents, and suppliers, and their respective affiliates, officers, directors,
employees, and agents, from any claim, action, demand, or damage, including reasonable
attorney's fees, made by any third party or governmental agency arising out of or
related to Your use of any service offered by BML or Your violation of
this Agreement, including without limitation, claims or suits for libel, violation of
rights of privacy or publicity, interference with property rights, trespass, violations
of Federal or State Law including but not limited to Can-Spam violations, copyright
infringement, trademark infringement, patent infringement or plagiarism.
BML may, at its sole discretion, assume the exclusive defense and
control of any matter subject to indemnification by You. The assumption of such defense
or control by BML, however, shall not excuse any of Your indemnity
obligations.
7. FORCE MAJEURE: Neither party shall be liable for delays or nonperformance of
this Agreement caused by strike, fire or accidents, nor shall either party be liable for
delay or nonperformance caused by lack of availability of materials, fuel or utilities
or for any other cause beyond its control.
8. ASSIGNMENT: Neither party may assign its rights or obligations under this
Agreement without the prior written consent of the other party.
9. RELATIONSHIP OF THE PARTIES: The parties are independent contracting entities,
and there is no partnership or agency relationship between them. Further, You may not
use the BML name in Your advertising or marketing as the source of
Your data without express written permission from BML.
10. INTENDED FOR USERS OVER 18: BML web site is intended for use
by individuals 18 years of age or older only.
11. ENTIRE AGREEMENT: Except as modified or supplemented by a writing executed by
both parties, the Terms and Conditions described herein are the only representations,
warranties, and understandings between the parties with respect to the products and/or
services described herein.
12. DISPUTES: In the event of a dispute, You agree to attempt to resolve the
dispute by contacting dane1295@zohomail.com prior to taking any other action. Failure to
contact BML to attempt a dispute resolution prior to taking any other
action will result in a breach of this Agreement by You. You hereby waive any right to a
trial by jury in the event of any controversy or claim relating to this Agreement. This
Agreement and Your use of the BML web site are governed by the laws of
the State of Pennsylvania, and the courts of general jurisdiction located within
Allegheny County, Pennsylvania, will have exclusive jurisdiction over any and all
disputes arising out of, relating to, or concerning Agreement and BML.
In addition to the foregoing, in the event of any breach or violation of this Agreement,
BML shall be entitled to enforce all of its legal remedies for the
breach or wrongful activity including, but not limited to, seeking actual damages, the
maximum amount of statutory damages under applicable statutes and Acts, profits, treble
damages, and attorneys’ fees and costs. These remedies and damages are in addition to
the monetary payments described above and/or any amounts otherwise due under Agreement.
13. SEVERABILITY: If any provision, or portion thereof, of Agreement is held by a
court of competent jurisdiction to be invalid under any applicable statute or rule of
law, the parties agree that such invalidity shall not affect the validity of the
remaining portions of Agreement and further agree to substitute for the invalid
provision a valid provision which most closely approximates the intent and economic
effect of the invalid provisions.
14. HEADINGS: The headings of this Agreement are for convenience only and shall
not be used to construe the meaning of this Agreement.
15. DATABASE PURCHASES AND LEGAL COMPLIANCE: You agree that any use of this data
will be in compliance with all applicable state and federal laws, including, but not
limited to, the CAN-SPAM Act of 2003, The Gramm-Leach Bliley Act, FTC Telephone Sales
Rules, and Your own privacy policies. If using this data to send e-mail messages, such
compliance includes, but is not limited to: (1) not using forged, false or misleading
header information; (2) not using false or misleading subject lines; (3) including the
sender's physical address (not a P.O. box); (4) clearly identifying the e-mail message
as an advertisement; (5) providing an opt-out notice with a functioning opt-out
mechanism via e-mail or the Internet which is operational for at least 30 days after
sending the message; (6) honoring opt-out notices within 10 business days of receipt of
each opt-out request; and (7) for e-mail messages with sexually explicit material,
including a warning in the subject line and requiring an additional step to view the
material after opening the message. If the use of this data includes making telephone
sales calls, such compliance includes, but is not limited to, scrubbing the list against
government Do Not Call lists. If reselling, sharing, renting or transferring this data,
such compliance includes, but is not limited to, not reselling, sharing, renting or
transferring the e-mail addresses of recipients who have opt-ed out of receiving e-mail
messages. You agree not to sell, share, rent or transfer this data to or with any person
or entity which does not agree to use this data in compliance with all applicable state
and federal laws including, but not limited to, the CAN-SPAM Act of 2003, The
Gramm-Leach Bliley Act, FTC Telephone Sales Rules, and Your own privacy policies. You
agree to indemnify Route 72, its clients, owners, officers, partners, members, managers,
employees, agents, subsidiaries, and their respective successors and assigns, against
any and all claims, damages, liabilities, costs and expenses (including reasonable
attorney's fees) arising from or related to Your breach or alleged breach, or the breach
or alleged breach of any person or entity to whom You may have sold the data, of the
promises and obligations herein.
16. PROTECTION OF DATA: You agree to follow all applicable state and federal laws
concerning the protection and use of personal record data including but not limited to
The Gramm-Leach Bliley Act and the FTC Telephone Sales Rules and Your own data
protection policies.
This Agreement was last revised on February 1, 2016.
