Telephone Data Lists Agreement
This telephone data lists agreement (“Agreement”) is made by and between (i) Electronic Voice Services, Inc. (“EVS”) on the one side, and (ii) you and any entity you are purchasing the lists for (collectively “you,” “buyer,” or “user”) on the other side.
LICENSE: The lists are and shall remain the intellectual property of EVS. Upon purchase of any lists from EVS, you are hereby granted a limited, revocable, non-exclusive license to make use of the lists for your own business and marketing purposes. However, you are not permitted to relicense, sell, trade, convey or otherwise share the lists with any other third party, except as may be required in order to (i) perform compliance scrubbing on your own, or (ii) as may be required by a valid subpoena or civil investigative demand from a court or regulator with competent jurisdiction.
THREE TYPES OF LISTS: EVS offers at least 3 categories of telephone data lists: i) The Classic Telephone Lists are basic consumer and business information acquired periodically from the various telephone companies and data collection sources in the USA and Canada. These are purchased in bulk by state or province or country; ii) The Targeted Demographic Lists are detailed consumer and business information acquired periodically from the various telephone companies and data collection sources in the USA. These are purchased in bulk by zip code or by state or by country and iii) The Online Monthly Subscription permits you to access EVS’ entire USA Targeted Demographic Lists which are detailed consumer and business information acquired periodically from the various telephone companies and data collection sources. You are able to create custom lists by choosing geographic areas and demographic filters.
ONE TIME PURCHASES: If you purchase a state, province, or country list, there are no subsequent charges.
MONTHLY SUBSCRIPTION PAYMENTS & CANCELLATIONS: If you are using EVS’ monthly list subscription, you will automatically be charged monthly, but you may cancel your subscription at any time. All paid subscriptions are non-refundable and no pro-rated refunds will be given. Please be sure to cancel at least three business days before the end of our billing cycle. Once you cancel, you will still be able to enjoy the benefits of your membership through the end of your subscription period. If you do not download all of your credits by the time your subscription expires, you will lose access to any remaining credits. Cancellations may be made online via the member dashboard or you may call or email EVS. If you call or email, make sure you get a confirmation by email as proof of your cancellation request. This cancellation and refund policy extends to any payments made for increased download limits.
RETURN POLICY: Because the telephone lists are downloadable software files and you may request samples before purchasing, there is no refund once you have received your purchased telephone list(s).
WIRELESS & VOIP TELEPHONE NUMBERS: When these lists are originally received by EVS, some wireless (also known as mobile or cell) or VoIP numbers may be included. In addition, from time to time, people “port” their wireline (landline) telephone numbers to become a cell or VoIP number, or the reverse. It is therefore possible that some of the telephone numbers you purchase from EVS may be wireless or VoIP numbers by the time you make use of the data.
LIST ACCURACY & WARRANTY: Every day telephone numbers are disconnected, moved, or changed; therefore, the telephone lists you purchase will not be 100% accurate at the time of purchase or download. Except as may otherwise be contained herein, EVS makes no warranty, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the lists for a particular purpose or any warranty that the lists will meet your requirements. EVS makes no compliance warranties of any kind; it is solely your responsibility to ensure that your use of the lists complies with the law.
DUPLICATES: The Classic Telephone Lists have been scrubbed by EVS in an attempt to delete duplicate telephone numbers; however, the Targeted Demographic Lists have NOT been scrubbed to delete duplicates because there are various demographics associated with each of the multiple people using the same telephone number. If you purchase EVS’ targeted lists by state and you do not want duplicates (such as husband and wife with the same telephone number), you will need to identify and delete those duplicates on your own. Users of EVS’ online monthly subscription may use the duplicate scrubber provided within the solution itself, or may select their own removal method.
DO NOT CALL: The lists have not been pre-scrubbed to remove wireless or VoIP telephones, or numbers on any Do Not Call (“DNC”) database. Therefore, you are completely and solely responsible to determine whether your calls are subject to wireless or DNC prohibitions and to comply with the same. If you are subject to USA or Canadian telemarketing laws, you will need to register and if in the USA get a SAN (Subscription Account Number) with the FTC (and perhaps other government agencies) at: https://telemarketing.donotcall.gov. Note that laws and rulings may change from time to time. Therefore, if you are not permitted by law to call Federal or State DNC or cell numbers, you are 100% responsible for assuring that the lists you acquire from https://www.telephonelists.biz are lawfully scrubbed against Federal and/or State Do Not Call Registry and any other appropriate lists.
If you purchase EVS’ targeted lists by state, you may see a DNC Number Flag in one of the fields, or if you are signed up for EVS’ online monthly subscription, you may see an option to select certain DNC scrubbing features. These DNC features are merely a courtesy and are for the purpose of you being able to narrow your list by removing numbers on the DNC. However, the courtesy DNC feature is not guaranteed to rely on real time DNC data and therefore may not be up to date at the time you make use of the same. Therefore, if you are not allowed by law to call numbers on the DNC, EVS’ courtesy DNC feature may not be sufficient, on its own, to keep you in strict compliance with laws. If EVS provides you with tools to assist in cleaning your dialing lists of DNC telephone numbers, EVS cannot guarantee 100% integrity or reliability of these tools. If needed, there are companies that will scrub DNC numbers, as well as wireless numbers, from your lists. Example: https://www.evs7.com/dnc
EMAILING & TEXTING: If you send emails or text messages (SMS or MMS) using any of EVS’ products, you must comply with the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act and any other applicable laws.
RESPONSIBILITY & LIABILITY: You are responsible for making frequent backups of your system(s) to protect against any loss of valuable data. By making any purchase and/or use of any of EVS’ lists, you warrant that you will at all times fully comply with all applicable laws and regulations. EVS cannot provide legal advice and assumes no responsibility to advise you on these laws or to supervise or ensure your compliance. EVS is merely providing you with data and you are expected to use that data within the bounds of the laws. More legal information is provided at EVS’ technical support web site: http://www.HelpMeDial.com/legal. You should be aware that laws and rulings may change from time to time, thus they may not be included in this Agreement. A violation of any such laws could result in significant penalties and other sanctions. EVS and its Technicians and Representatives are not attorneys; therefore, any interpretations of laws by EVS and its technicians and representatives regarding the legal use of these lists should not be completely relied upon. Prior to buying or using any of these lists, you should consult with an attorney regarding your anticipated uses of any of EVS’ products to ensure that your uses comply with laws and regulations. You are 100% responsible and liable for using these lists legally. There are several national telemarketing attorneys available to help you. Example: Allen, Mitchell & Allen PLLC – Tel: 801-930-1117 – Web Site: http://www.allenlawyer.com.
GOVERNING LAW & JURISDICTION: This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to normal choice of law and conflict of law principles. Any litigation relating to or arising under the Agreement shall be brought in the Circuit Court of Dallas, Texas and the parties consent to the jurisdiction and venue of the same.
INDEMNIFICATION: You grant representatives of EVS permission to email and/or call you about these and related products, and you agree to indemnify and hold harmless EVS, along with all of its owners, officers, directors, employees, contractors, vendors and affiliates, from and against any claims, demands, suits, losses, damages, expenses, fines, penalties, litigation, judgments, and fees, including attorney’s fees and court costs, arising out of or relating to your actual or alleged breach of this Agreement, your use of the products, or any third-party claim alleging any violation by you of the law.
ENTIRE AGREEMENT, SURVIVAL: This Agreement, along with any separate terms or fee schedules referenced herein, constitutes the entire Agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other Agreements, whether oral or written, relating to the subject matter of this Agreement.