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Terms and Conditions
This ListGiant (hereafter known as "LG") Access Agreement ("Agreement") is made by and between LG and "Client" with the information provided on ListGiant's "Sign Up" page and on the date of "Sign Up."

    WHEREAS, Client desires to access LG Data Products and LG desires to provide LG Data Products to Client on the terms and conditions set forth below.

    NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, LG and Client hereby agree as follows:

Delivery of Goods and Services of Paid Sales Leads or Free Sales Leads
(a) LG agrees to provide paid sales leads or free sales leads to Client via LG's online data portal

(b) LG grants the Client a non-exclusive, non-transferable license to use LG to run counts and access data under the terms of this agreement (hereafter "Data"), and any related documentation (hereafter "Files")

    (c) LG is allowing Client to access LG paid sales leads or free sales leads for the sole use of the Client.  The Client agrees that it will not assign, license, distribute, or transfer the access of LG or its data to any other person, firm, corporation, or other organization without the prior written consent of LG

    (d)  To the extent that either LG or Client discloses proprietary data and information to the other pursuant to this Agreement, the each acknowledges and agrees that the disclosing party claims and reserves all rights and benefits afforded proprietary information under law, that this Agreement and disclosure to the other does not effect any transfer of title or interest in or to any proprietary data or information of the disclosing party, and that other party is granted only a limited right of use of such proprietary data and information as is or may be necessary to the performance of this Agreement.

    (e)  All data and information provided under this agreement is provided on an "as is" basis.  No liability is assumed by LG for the accuracy, completeness, condition, suitability or performance of the data and information provided hereunder.  LG disclaims all other warranties respecting LG, data, goods and services provided under this agreement, including, but not limited to, all warranties of merchant ability and fitness for a particular purpose.  By signing this Agreement, Client certifies that they have read and agree to the provisions set forth on the above site.

    (f)  Except as specifically set forth in this Agreement, LG will not be liable for any indirect, exemplary, incidental or consequential damages arising out of or otherwise relating to the use of the data, goods and Services, however caused, including, but not limited to, loss of data, business interruption, loss of profits, or other economic loss, even if LG has been advised of the possibility of such damages.

Complete Access Fee
As consideration for Goods and Services, Client shall receive free sales leads as stated in "Delivery of Goods and Services of Free Sales Leads" at no charge.

Caution: Please read this paragraph carefully.
Client is fully aware and understands that LG will not be responsible for any records in this free trial that are selected incorrectly and downloaded by Client.  Client understands and agrees that any and all records downloaded from LG will be deducted from amount of records paid for or for this free trial and agrees that LG will not be held liable for any records that are downloaded in error.


Order Confirmation
The Customer acknowledges and agrees that the Terms and Conditions constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings, oral and written, between the parties hereto with respect to the subject matter hereof. No representation, warranty, promise, inducement or statement of intention has been made by either party which is not embodied in these Terms and Conditions or the Order Confirmation, and ListGiant shall be bound by, or be liable for, any alleged representation, warranty, promise, inducement or statement of intention not embodied herein or therein.

Use of Data and Lists
Customer warrants and guarantees that the paid sales leads or free sales leads hereunder is/are to be used for a one-time use only, and that no record of the names, addresses, etc. will be retained or duplicated.  Additionally, Customer is strictly prohibited from using information about this rented list as part of Customer's telephonic presentation or printed mail piece. NO EXCEPTIONS.

This free trial is limited one per company and one per IP address.  Please note that IP addresses will be obtained upon signup and downloading of the records.  The free trial will expire in 30 days or upon download of alloted records, whichever shall come first.

For direct mail, the records can only be used one time and is seeded.

For telemarketing purposes, Customer is wholly responsible for scrubbing the records against all State and Federal Do Not Call Lists.  This free sample might or might not have the information scrubbed.  Customer is also responsible for following all rules and regulations issued by the FTC and FCC regarding "do not call" procedures.
All lists and other goods and services provided by ListGiant are provided  'as is' and ListGiant expressly disclaims all other representations and warranties, express or implied, relating to any such goods or services, including their fitness for a particular purpose, their quality, their security, their merchantability or their non-infringement. Due to the fact that our products can be copied easily, no order will be returned or accepted for credit, or otherwise, unless first approved by ListGiant, Inc. in writing.
No Legal Advice; Compliance With Applicable Law
It is acknowledged that the Customer is not relying upon ListGiant with respect to any legal advice in connection with the use of data or lists.  Customer agrees and warrants that all data which Customer receives from ListGiant, or any related subsidiary corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, e-mail solicitation, fax broadcasts and direct marketing. Customer understands that any person violating such laws may be subject to civil and criminal penalties. Customer acknowledges that it is Customer's sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances. Without in any way limiting the generality of the foregoing, ListGiant assumes no responsibility or liability for determining whether phone numbers on its lists may be registered under federal and/or state "do not call" laws or other laws governing telemarketers, and Customer shall be fully responsible for compliance therewith in connection with the use of lists rented hereunder. Customer represents and warrants to ListGiant that any and all actions taken by Customer pursuant to this Agreement shall be in compliance with the provisions of all applicable laws and regulations and that ListGiant shall have no liability whatsoever for any actions done or performed, or caused to be done or performed by Customer, and Customer agrees to indemnify and hold ListGiant harmless therefrom.
Limitations of Liability
Customer agrees, understands, and expressly acknowledges that when ListGiant gives a free trial list to any customer, it neither assumes nor accepts any responsibility of any kind for defects, deficiencies, mistakes, ambiguities, or inaccuracies of any kind or effect with respect to the list rented herein. Customer agrees, understands, and expressly acknowledges that while ListGiant believes this information to be accurate, it does not, except as otherwise provided in the Order Confirmation, warrant or guarantee any degree of accuracy of the list rented, nor the out come or results of any mailing or promotion or any other undertaking of the Customer, and ListGiant shall not be held liable in any manner with respect thereto or otherwise.  In all events, any liability hereunder of ListGiant and its representatives shall be limited to the amount paid by Customer for the applicable list.  ListGiant shall not be liable for indirect, special, incidental or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investment or the like) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if ListGiant or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth herein are fundamental elements of the basis of the bargain between ListGiant and Customer, and Customer acknowledges and agrees that ListGiant would not have been able to have provided its goods and services without such limitations.
Indemnification
ListGiant. shall not be liable to Customer, or to anyone who may claim any right, due to ListGiant's relationship with Customer, for any acts or omissions in the performance of said services on the part of ListGiant or on the part of ListGiant's agents, officers, directors or employees or assigns which result from the delivery of Services made to Customer by ListGiant and its agents, officers, directors, employees or assigns, unless said acts or omissions of ListGiant or its agents, officers, directors, employees or assigns are due to their gross or willful misconduct.
Customer agrees to reimburse ListGiant, for all expenses, including reasonable attorney's fees, incurred by ListGiant, to enforce this agreement and/or collect payments due hereunder. No modifications of this agreement may be made unless they are in writing and signed by the party to be charged.  Time is expressly declared to be the essence of this agreement, and it is specifically agreed that no waiver of any breach or default by the Customer shall be deemed a waiver of any breach or default thereafter occurring.  This agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to its conflict of law rules. Customer agrees that any dispute hereunder shall be exclusively heard in the state and federal courts located in Los Angeles, California, and further agrees that said courts are a convenient and appropriate forum.
Governing Law
This Agreement shall be governed and construed, and all rights and obligations hereunder determined, in accordance with the laws of the State of California.

Amendments
This Agreement may be amended only upon the execution of a written instrument by all parties hereto.

Independent Counsel
Each of the parties covenants and represents that such party has been advises that such party should be represented by counsel of its own choosing in the preparation and analysis of the agreement; that such party is fully aware that the other party's counsel has not acted or purported to act on its behalf; that it has been represented by independent counsel or has had the opportunity to be represented by independent counsel; and that such party has read this agreement with care and believes that such party is fully aware of and understands each of the provisions hereof and its legal effect.

Successors and Assigns.
No party may assign or transfer its rights or obligations hereunder without the written consent of all parties hereto.

Attorney's Fees.
In the event of any breach, or threatened breach, of any of the terms of this Agreement, the prevailing party is entitled to recover his or her reasonable attorneys' fees and costs incurred in connection with any action or proceeding arising out of, or relating to, any such breach or threatened breach.
I agree to the Terms and Conditions.
List Giant is available to assist you with your sign up process or answer any questions you may have, Monday - Friday, between the hours of 8:00 AM to 5:00 PM Pacific Standard Time. Contact us at Toll-Free 800-383-1381 to get started or for more information regarding your List Giant needs.
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