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Lead Program Terms and Conditions |
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Please read this agreement ("Agreement") carefully before accessing or using this Website ("Site") or opening any attachments containing "leads" or data
This Agreement is intended to be a binding contract between the person and/or company (hereinafter, "Client and or Customer") named on the accompanying and incorporates the Invoice ("Invoice") and Pioneer Info & Marketing, Inc.. Please read this agreement carefully. Your signature and/or payment includes your agreement and affirms you are authorized to approve this transaction on behalf of the company that you represent. "Leads" are defined as parties or individuals who through the Internet are requesting information about obtaining a mortgage loan or data complied and supplied in list form. Leads are transmitted via e-mail on excel or plain text.
Servicing Leads.
Client must request and take delivery of all list, lead and data orders within 90 days of the date of purchase. All other products and services offered must be taken or used within 30 days of the date of purchase.
You will receive a separate email with your invoice SORRY WE CANNOT ACCEPT ORDER CHANGES It may take up to 1 business day before you receive your order. Please inform your sales associate if you have any special requests to receive your order sooner. Once your order is complete you will receive an e-mail with your user name and password and instructions how to download the order at http://www.pioneerinfo.net/member_login.php Minimum order 2500 records. Minimum dispersement of 500 records at one time. Must take delivery of your remaining data within 90 days from invoice date. Must request data in writing via email to sales@pioneerinfo.com All data orders are stored in your on-line download count for a maximum of 7 business days from upload and will be deleted from your account. ALL INFORMATION DATA AND LEADS PROVIDED IS MODELED AND ESTIMATED INFORMATION.
GUARANTEED TO CLOSE PROGRAM
1) Any lead not closed will be replaced
2) No time limit for return
3) Reason does not matter
4) Lead replaced within one business day
5) Example: buy 25 leads, close 5, 20 didn't work, 20 replaced
PREDICTIVE DIALER
A) In addition to the terms and conditions you read and agreed to when signing up for the auto dialer, voice broadcast system. We do not allow 3rd party data to be used with our system and do not provide technical support for it. If any 3rd party data is dialed and used within your account you will automatically be increased to 9.9 cents per minute, permanently. WIthin 30 days of data purchase date your billing rate will 5.9 cents.
B) If we have agreed to set up your campaign we will offer a one time complimentary set up and if you want to run another campaign you will need to set it up yourself after completing a scheduled training and please allow at least one business day to schedule trainings. Keep in mind that you will not be able to call and set up a new campaign within the same business day if you need our assistance.
C) All predictive dialer training needs to be conducted BEFORE using the system. Training needs to be scheduled with customer service and please allow one business day to schedule a new training.
D) Predictive Dialer Customer Service Hours Monday-Friday, excluding holidays 9:00am to 5:00pm (PST)
1) Confidentiality; Compliance With Laws.
(A) Client agrees to maintain the privacy and confidentiality of all Leads received by Client. Client also agrees to comply with all laws, regulations, rules, and ethical and professional standards (collectively, "Laws") applicable to Client, Client's Licenses (as hereinafter defined) or Client's business.
(B) Client certify that client is properly licensed or other wise authorized to conduct mortgage business in the state(s) for which client has entered. Client understands that ANY and ALL leads are to be used for the SOLE purpose of conversion to a home loan AND that these leads SHALL NOT be resold or re-distributed to others outside of the company which is purchasing the leads. The leads AND ALL of the information contained therein SHALL remain the sole property of Pioneer Info & Marketing, Inc.. and CANNOT be used for any other purpose without our explicit written permission.
(C) I/we agree to comply with any and all federal and state do not call regulations and laws. To read the complete terms and conditions in regards to the DNC click here.
Do Not Call Registry Terms and Conditions
The following agreement governs your use of the Pioneer Info & Marketing, Inc. data and website. If you do not agree to these terms, please exit the site now and/or delete your data order You acknowledge that the U.S. Federal government, certain states and self-regulatory bodies may each have restrictions on telemarketing activities, including but not limited to permitting a telephone subscriber to give public notice that such subscriber does not wish to receive sales solicitation telephone calls. Due to the varying publication dates of such notices, Pioneer Info & Marketing, Inc disclaims any warranty, express or implied, that the names and telephone numbers of all such subscribers have been identified on or deleted from the data ordered by or for you or your customer.
You understand and warrant that you will comply with the rules relating to any Do-Not-Call Registry ("DNC Registry") promulgated by federal, state or self-regulatory bodies, specifically including those rules that:
(A) Require all sellers who initiate, or cause a telemarketer to initiate, an outbound telephone call that is not otherwise exempt to pay the appropriate fees for any DNC Registry,
(B) Require all telemarketers who initiate an outbound telephone call that is not otherwise exempt on behalf of a seller to ensure that the seller has paid all appropriate fees for any DNC Registry, and
(C) Require any company performing DNC list scrubbing on behalf of a seller to ensure that it is scrubbing the calling lists against that seller's and only that seller's version of the DNC list.
You certify under the penalty of law that you will use the information gathered from any DNC Registry solely to comply with the provisions of any regulatory or self-regulatory body or otherwise to prevent telephone calls to telephone numbers on the registry. Information will be provided from recognized industry compilers of leads/data and other sources. Pioneer Info & Marketing, Inc makes no representation or warranty, express or implied, regarding the accuracy or completeness of data/leads to be delivered, results to be obtained with the data, or that the data/leads has been scrubbed against any regulatory or self-regulatory DNC Registry. Pioneer Info & Marketing, Inc is not liable for loss of profits, or for any other claims regardless of the form of action. Pioneer Info & Marketing, Inc sole liability would be to return the amount paid for the data. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If applicable, you will, whenever reasonably possible, secure your customer's written agreement concerning notification obligations of the previous sections.
FOR ALL DNC MANAGER SCRUBBING ORDERS
Scrubbing services are performed by an independent vendor of Pioneer Info & Marketing, Inc Pioneer Info & Marketing, Inc makes no representation or warranty regarding the accuracy of the scrubbing service, and you agree that you have no recourse against Pioneer Info & Marketing, Inc in the event the scrubbing service provided to you is inaccurate or incomplete.
I/we agree to comply with any and all federal and state do not call regulations and laws. Per the TCPA, which went into effect in 1991, no telemarketing calls can be made to a wireless phone since the consumer may be charged for this call. The regulations require that all telemarketers scrub their dialing lists against the Neustar list at least every 15 days. I the purchaser of the data/leads understand it is my sole responsibility to decide if I/we need to scrub wireless phone numbers and Pioneer Info & Marketing, Inc. does not remove wireless phone numbers from the leads/lists sold to clients.
SAN# request is a method for Pioneer Info & Marketing, Inc. to verify that you or your client is registered with the FTC as a compliant telemarketing entity. This SAN# request is a matter of protocol as these telemarketing files have been regularly scrubbed against the Federal DNC list and the Federal law states that all parties must be registered in order to gain any benefit from these Federally sponsored DNC lists. This request, however, does NOT warrant that this data is 100% compliant at the time of your order. Likewise, Pioneer Info & Marketing, Inc. urges all telemarketing companies and/or their agents to perform subsequent DNC scrubbing against all Federal and State DNC lists. This scrubbing can occur by contacting your Pioneer Info representative at 866-261-6770.
2) Payment Arrangements.
Payment in full is due before the beginning of the program
3) Termination of Agreement.
Pioneer Info & Marketing, Inc.. may cancel this agreement at any time, with cause, by written notice to the other party. A reimbursement based on the number of leads left in program will be refunded within 30 days of cancellation. We reserve the right to refuse service to anyone.
4) Information
(A) Pioneer Info & Marketing, Inc.. takes reasonable care in providing this information. However, we do not assume any liability for the correctness of this information, or the information from which it is compiled, nor warrant the comprehensiveness, completeness, accuracy, number of times distributed, date generated or adequacy for any purpose or particular use of this information. Pioneer Info & Marketing, Inc.. reserves the right to provide client with any lead available in the licensed area to fulfill agreement. Every effort will be made to provide the most desirable leads. Pioneer Info & Marketing, Inc acts solely as a "re-seller" of leads/data and any actual liability would rest with the original compiler of the leads/data. ALL INFORMATION DATA AND LEADS PROVIDED IS MODELED AND ESTIMATED INFORMATION.
(B) Pioneer Info & Marketing, Inc.. does not guarantee the delivery of your ordered leads from our web site through your or our e-mail server. Due to uncontrollable technical issues we cannot be held responsible for any leads you do not receive via e-mail or any lost revenue, time or resouorces by customer. Pioneer Info & Marketing, Inc does not assume any responsibility to store or save leads, data or orders on our computer hardware for more than 10 business days from scheduled delivery or invoice date.
(C) Pioneer Info & Marketing, Inc. reserves the right to use any e-mails, voicemails, verbal conversations or any correspondence between Pioneer Info & Marketing, Inc. and a potential client or existing client to promote our products and services. You agree and consent to have your correspondence posted on our web site, sent in an e-mail or given by phone as a reference which could but not be limited to your name, company name, e-mail or phone number for prospective clients of Pioneer Info & Marketing, Inc to contact you as a reference. If you do not want to be listed as a references or would like to have your information removed from our database or want your information kept private. Please submit to us in writing stating this to: Pioneer Info & Marketing, Inc, 9323 N. Government Way #107 Hayden, ID 83835
5) Refunds.
(A) Eligibility. Client will not be entitled to request a refund for data entered by consumers that is incorrect concerning income, assets, debts, or other information necessary to the underwriting and/or processing of a credit request. The outcome of your lead program is not guaranteed. No monetary refunds. If paying by credit card you further agree to waive your right to "charge-back" and dispute this transaction with your credit card company and agree to the our replacement policy. If charge back or refund does occur you agree to pay a $100 refund fee assessed by the merchant account plus a minimum of a $100 processing fee. If paying by check purchaser agrees not to stop payment or face collection activity and legal action to collect debt.
(B) Procedure to Claim Refund. Pioneer Info Advantage replacement instructions for lists/data: Pioneer Info will replace the data/lists/leads under the following conditions. This will be a one time replacement request and data/lists/leads will be replaced one time only after you have completed calling/contacting/marketing the entire list. Customer must e-mail to info@pioneerinfo.net the orginial leads received from PIONEERinfo creating a new column to the right of the spreadsheet using the following codes to identify the data/leads that are requested to be credited/replaced. NI= Not Interested. DISCO = Disconnected Phone. OL = Old Lead. DNC = Do Not Call List. MISC = Other Reason (must specify) Pioneer Info & Marketing, Inc.. solely reserves the right to determine which leads are refunded
6) Client Indemnification
Client agrees to indemnify, defend and hold Pioneer Info & Marketing, Inc.. harmless from and against any claim, liability, cost, loss, demand, damage, judgment or award (including but not limited to (a) court costs and (b) attorney and expert witness fees and costs for counsel and experts chosen and directed by Pioneer Info & Marketing, Inc..) arising from or in connection with any third parties products and services including, but not limited to internet generated leads, consumer information, mortgage data or sales/marketing leads not generated or compiled by Pioneer Info & Marketing, Inc.. and (a) any false statement in any of Client's representation or warranties contained in this Agreement or (b) any breach by Client of any of Client's covenants and agreements contained in this agreement, including but not limited to Client's agreements regarding Confidential Information and regarding Client's ongoing compliance with Licenses, Laws and Professional Standards. Pioneer Info & Marketing, Inc reserves the right to use client comments be they e-mail, voicemail or written for any purpose, to include posting comments on web sites operated by Pioneer Info & Marketing, Inc. Client agrees to arbitration as a first step to resolve a dispute between both parties. Arbitrator will be chosen by Pioneer Info & Markerting, Inc. This Agreement shall all be governed and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be performed in Idaho. You agree that any legal action or proceeding between Pioneer Info & Marketing, Inc. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Idaho. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Pioneer Info & Marketing, inc. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Pioneer Info & Marketing, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Any and all damages will be limited to a maximum of $100.
7) Direct Mail Program
Complimentery post card design programs terms and conditions
- Program is structured to assist client in organizing their post card in a design concept only.
- Any logo and image design is NOT included and is clients responsibility
- A maximum of 5 revisions is included, delivered via email only in PDF format
- Client is repsonsible for any necessary software to complete included design
- Design must be finalized within 30 days of purchase
- Customer to provide ALL text, logos, design concepts and images in a high resolution .JPG format only
- Client must email all text, logos and images.
- PIONEERinfo, inc. may elect to use our stock designs to assist in design. However, this does not obligate us to provide any design images.
- Client must print the post card with PIONEERinfo only at our published rates. No third party printing support is offered
- A 4x6 and 5.5x8.5 post card size is included only
- PIONEERinfo, inc. cannot be held responsible for the quality of images and logos provided by client
* Free post card program applies to a full price lead purchase and no other discounts can be a included. Shipping charge is $25 for 5000 and $50 for 10000
Proof Approval For Designer Customers
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed and that I assume all responsibility for typographical errors and image errors.
I also understand that the color settings of my monitor and that of the printing press may be different, so variations of the on-screen and printed piece will differ slightly. I have read the statement above and agree.
Terms and Conditions
Pricing: Published prices obtained from PIONEERinfo, inc. are subject to change without notice. All published prices and written quotations will be honored for 30 days after the date of the original quotation.
Payment Terms: All orders must be prepaid prior to commencement of work. Payment may be company check, money order , or by credit card (Visa, MC,Amex). There will be a $30.00 fee for returned checks in addition to the original amount due.
Payment By Credit Card: Client paying by credit card agrees to be bound by the PIONEERinfo, inc. Terms, Conditions and Specifications. Card holder and Client specifically agree to pay all costs incurred if their order is prematurely cancelled and it is understood that no credit will be provided for returned orders. Client agrees to supply a copy of the front and back of their credit card if requested for signature comparison. The order amount will be charged to the credit card at the time the order is submitted.
Returns For Credit: No refunds will be provided.
Order Cancellation: No order may be canceled after acceptance.
Warranty: PIONEERinfo, inc. will not repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof. Claims for defects damages or shortages must be made by the customer in writing within (10) days after delivery. Defective orders must be returned within (30) days after delivery. PIONEERinfo, inc. sole liability shall be limited to replacement of short quantities only and in no case shall include special or consequential damages including customer expenses, profits or profits lost.
Indemnification: Client hereby affirms ownership and/or publishing rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless PIONEERinfo, inc. and its affiliates and employees from any and all loss, cost, expense and damage on account of any and all manner of claims demands, actions and/or proceedings that may be levied against PIONEERinfo, inc. on the grounds that said printing violates any copyright or proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’ s right to privacy or other personal right. The Client agrees to, at the Client’ s own expense, promptly defend and continue the defense of such claim, demand, action or proceeding, that may be brought against PIONEERinfo, inc. provided that PIONEERinfo, inc. shall promptly notify the Client with respect thereto.
Ownership Of Preparatory Materials: Artwork, type, digital files, and plates produced by PIONEERinfo, inc. in the ordinary course of production remain the exclusive property of PIONEERinfo, inc. unless otherwise agreed to in writing.
Client Supplied Files: All digital files submitted must adhere to our Digital File Checklist. If they do not, a fee will be charged. PIONEERinfo, inc. assumes no responsibility and cannot be held liable for the quality and/or color accuracy of the final outcome when Digital File Specifications are not met.
Color Matching: Due to the differences in equipment, paper, inks and other conditions between color proofing and production, a reasonable variation in color between color proofs and the completed job is expected. Postcards are printed digitally which offers very high quality printing at an affordable price, but may be subject to a slight shift in color . A 3% color shift is considered the acceptable industry standard. We do not guarantee exact color matching.
Proofing Options: Online proofs in 24 hours
Color Digital Online Proof: Are available at no charge and are sent by email in an Online Format. These are not accurate color proofs but will give a close proximity of how the design will look. We are not responsible for the Clients ability to accurately view this proof. Color will vary from this proof to the printed piece.
Your signature on a proof will be final and irrefutable acceptance and approval of the proof. We will not accept under any condition verbal approval of a proof.
Shipping & Handling: All shipping charges are in addition to the selling price of the job.
8) Lead Quality Assurance Program For Internet Leads
1) Return a bad lead by clicking on the dispute link from the member home page.
2) Replaced lead will be reflected as a credit located at the refunded link. Maximum credit equals the amount deposited over $240. ie $240 deposited maximum credit would be $240.
3) Guarantee applies to 0 to 2 day leads only.
9) Dispute Resolution
Any claim or controversy arising out of or relating to the use of Pioneer Info's services, to the goods or services provided by Pioneer Info, or to any acts or omissions for which you may contend Pioneer Info is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Kootenai County, Idaho. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Pioneer Info. In any arbitration, Pioneer Info will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Kootenai County, Idaho. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PIONEER INFO, INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Pioneer Info's goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Pioneer Info, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Kootenai County, Idaho. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
10) Pre-Screened Data and Leads
Client agrees not to purchase pre-screeded data unless they are approved to do so by the federal trade commission nor conduct any telemarketing or direct mail campaigns unless their telemarketing script and or direct mail piece is 100% compliant with the FCRA (Fair Credit Reporting Act) Client further agrees that they are solely responsible for all and any compliance when using this type of data to conduct any type of marketing. Client agrees that any examples of scripts of mail pieces provided by Pioneer Information and Marketing, Inc. are to be used for illustration purposes only and are not to be used for actual marketing purposes until they meet the strict standards included in this agreement. Prescreen Data Client agrees to adhere to the strictest standards of FCRA (Fair Credit Reporting Act) and to comply with all laws. Client agrees and understands that by receiving sensitive credit date that they have received script approval for outbound calling or sample mail piece approval for direct mail. Client agrees they have included an opt-out statement in mail piece script, and firm offer of credit in script or mail piece. All of the following conditions must be meat to be in compliance. Client agrees they have reviewed mail pieces and telemarketing scripts and included all disclaimers prior to submitting them with paid order. Firm Offer of Credit. Client agrees the mail piece and telemarketing script contains an offer of a minimum AND maximum amount to finance.The minimum amount has to be a reasonable loan amount with value. The maximum amount has to be reasonable for the targeted consumer to be approved. Set of approval criteria that the consumer could reasonably be expected to meet. Client agrees to include an Opt Out -Short Notice. Short Notice has to be on the front page of the offer / mailer. Short Notice has to direct the reader to the Long Notice. Short Notice type size has to be larger than the size of the principal text on the same page. Short Notice type size has to be at least 12 pt. Short Notice type has to be in a different style than the principal text on the same page (i.e., bold, italics, different color, etc.) It has to be inside of a border in a format that distinguishes it from other text on the page. Example: You can choose to stop receiving “pre-screened” offers of credit from this and other companies by calling toll-free 888-567-8688. See the PRESCREEN & OPT OUT NOTICE below for more information about prescreened offers. Opt Out - Long Notice The type size can be no smaller than the type size of the principal text on the page. The type size has to be at least 8 pt. (preferably 10pt. and recommended 12 pt. if on the reverse side). It has to begin with the following heading in capital letters AND underlined: PRESCREEN & OPT OUT NOTICE (see example below) The type style has to be distinct from the type style of the principal text of the page (i.e. bold, italics, or different color) It has to be set apart from other text on the page, such as indenting margins and a blank line above and below it. It must contain ONLY language regarding the Opt Out message and nothing else that could confuse the consumer. It MUST be in clear, concise, and simple terms that the average consumer will easily understand. Example: PRESCREEN & OPT-OUT NOTICE: This “prescreened” offer of credit is based on information in your credit report indicating that you meet certain criteria. This offer is not guaranteed if you do not meet our criteria including providing acceptable collateral. If you do not want to receive prescreened offers of credit from this or any other companies, call the consumer reporting agencies toll-free, 1-888-567-8688 or visit the website at www.optoutprescreen.com; or write TransUnion Opt-Out Request PO Box 505, Woodlyn, PA 19094-0505, Equifax Options, P.O. Box 740123 Atlanta, GA 30374, Experian Information Systems, Inc., P.O. Box 919, Allen, TX 75013. The Long Notice cannot contain any information other than what you see here that might confuse the FCRA message. Any additional specific lending criteria that we now have in our disclaimer or any other terms and conditions such as debt to income ratios, etc., will also have to be meet. This notice is for Opt-Out compliance guidelines only and is to be used for a checklist ONLY. ALL INFORMATION DATA AND LEADS PROVIDED IS MODELED AND ESTIMATED INFORMATION. Unless customer submits in writing a telemarketing script and or direct mail piece per the FCRA (Fair Credit Reporting Act) requirements and receives approval would they receive actual credit data. Only licensed and approved entities are eligible to receive credit data. UNLESS YOUR INVOICE SPECIFICALLY STATES YOU HAVE RECEIVED Pre-Screened Data YOU ARE NOT SUBJECT TO THE #10 SECTION OF THE TERMS AND HAVE RECEIVED MODELED INFORMATION AND NOT SUBJECT TO #10 SECTION OF THESE TERMS AND CONDITIONS FCRA; No Eligibility Decisions. Client understands that licensed data has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act ("FCRA"),15 USC Section 1681a. Client represents and warrants that it shall not use any licensed data as a factor in establishing any consumer's eligibility for (i) credit or insurance used primarily for personal, family or household purposes, (ii) employment purposes, or (iii) other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute. Client agrees that it will not use any of the licensed materials for any purpose proscribed under the FCRA.
License and Confidentiality. All Data furnished is licensed for one-time usage for marketing purposes only, unless otherwise stipulated in writing by PIONEER INFORMATION AND MARKETING, INC., and shall not be made available by the Customer, in whole or in part to any other person, firm or entity, in any form or manner whatsoever. It is acknowledged by Customer that any disclosure of the Data to third parties would be damaging to PIONEER INFORMATION AND MARKETING, INC. and it's Suppliers. Customer agrees not to resell, reuse, or duplicate Data purchased from PIONEER INFORMATION AND MARKETING, INC. and the Data shall not be used in development of any service or product that is competitive with PIONEER INFORMATION AND MARKETING, INC., its Suppliers or data compilers in general.
Compliance with Laws and Industry Standards. Customer agrees to comply with all federal, state and local laws, rules and regulations applicable to each party's receipt and use of data provided to the other. Customer agrees to utilize data received in connection with the provision of a firm offer of credit as defined in and in compliance with the Fair Credit Reporting Act, 15 U.S.C. 1681.
All Marketing efforts, solicitations, ad copy and/or other communications to be used in connection with any list created by or for Customer derived from the Data (i) shall be devoid of any references to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; (ii) comply with all applicable privacy and data protection laws, rules and regulations, including all policies published by the Direct Marketing Association (DMA); (iii) be in good taste in accordance with generally recognized standards of high integrity. PIONEER INFORMATION AND MARKETING, INC. reserves the right to pre-approve and review the Customer's intended use of the Data, including, but not limited to, sample mail pieces, prior to acceptance of an order. Customer is responsible for all materials intended for mailing to names/addresses derived from the Data, and further agrees to (i) keep copies of mail materials for a period of at least six (6) months after any mail date and (ii) provide one (1) copy of such materials at no cost to PIONEER INFORMATION AND MARKETING, INC. upon request.
Publicity and Marketing Restrictions. Customer may not use or disclose the name of PIONEER INFORMATION AND MARKETING, INC. or any of PIONEER INFORMATION AND MARKETING, INC.'s trade names, trademarks or service marks, or intellectual property for any purpose as the identification of the source or reference of Customer's data or services or for any other purpose of Customer without the prior written consent of PIONEER INFORMATION AND MARKETING, INC.
11) Entire Agreement
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
12) Independent Counsel
You're establishing of an account opening of any attachments containing leads via e-mail and/or your use of the Pioneer Info Website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
Client must request and take delivery of all list, lead and data orders within 90 days of the date of purchase. All other products and services offered must be taken or used within 30 days of the date of purchase.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. |
