Effective January 1, 2020
This telephone data lists agreement ("Agreement") is made by and between (1) USALEAD.com ("Company" or "our" or "we"), on the one side, and (2) you and any entity, agent, user, or independent contractor that you are purchasing the lists for (collectively "you," "your", "buyer," or "user") on the other side.
THIS IS A LEGALLY BINDING CONTRACT AND YOU AGREE TO USE THE TELEPHONE DATA LISTS IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS. YOU INDICATE YOUR AGREEMENT WITH THESE TERMS BY ANY OF THESE WAYS:
(1) MAKING ANY USE OF THE LISTS
(2) INDICATING YOUR ELECTRONIC CONSENT ONLINE
(3) CHECKING THE AGREEMENT CHECKBOX DURING PURCHASE
(4) EMAILING YOUR CONSENT
DISCLAIMER: WE WILL NOT TAKE ANY RESPONSIBILITY IF YOU MISUSE THE DATA OR VIOLATE ANY LAWS. YOU ARE 100% RESPONSIBLE AND LIABLE FOR HOW YOU USE THESE LISTS. BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT FULL RESPONSIBILITY FOR ENSURING LEGAL COMPLIANCE IN YOUR JURISDICTION.
The lists are and shall remain the intellectual property of the Company. Upon purchase of any lists, 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 (1) perform compliance scrubbing on your own, or (2) as may be required by a valid subpoena or civil investigative demand from a court or regulator with competent jurisdiction.
Our Consumer lists are acquired periodically from various telephone companies and data collection sources in the USA. We offer consumer cell phone lists containing detailed demographic information including name, address, cell phone number, landline number, age, income, home value, credit rating, gender, marital status, homeowner status, and DNC flag.
Note: In addition to Do Not Call (DNC) laws, calling CELL phones has special legal restrictions. Refer to the "DO NOT CALL" and "RESPONSIBILITY & LIABILITY" sections of this Agreement.
If you purchase a state or entire country bulk list, there are no subsequent charges. This is a one-time purchase with a limited license to use the data.
Because the telephone lists are downloadable digital files and free sample data is available before purchasing, there is no refund once you have received your purchased telephone list(s). All sales are final. You may request and review sample data for any state before making a purchase decision.
The telephone lists you purchase will not be 100% accurate at the time of your purchase, download, or use. This is due to multiple reasons:
The 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 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. To remove duplicates, you can use tools such as Microsoft Excel, CSV Editor, or OpenOffice Calc. Most dialer applications also have a de-duplicator feature.
While our data includes a DNC flag column indicating the consumer's DNC status at the time of data compilation, the lists have NOT been pre-scrubbed to remove all DNC numbers in real-time. The DNC registry is updated daily, and our flag may not reflect the most current status.
Therefore, you are completely and solely responsible to determine whether your calls are subject to cell or DNC prohibitions and to comply with the same. If you are subject to USA telemarketing laws, you will need to register and get a SAN (Subscription Account Number) with the FTC at: https://telemarketing.donotcall.gov
You are 100% responsible for assuring that the lists you acquire are lawfully scrubbed against the Federal and/or State Do Not Call Registry, cell phone numbers, and any other appropriate lists before making any telemarketing calls.
Important: Our DNC flag feature is merely a courtesy for the purpose of your being able to narrow your list by removing numbers that were on the DNC at the time we compiled our data. Since government DNC records are updated daily, our DNC flag will NOT be sufficient, on its own, to keep you in strict compliance with DNC laws.
If you send emails or text messages (SMS or MMS) using any of our products, you must comply with the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act and any other applicable laws.
Our lists of consumers are NOT "opt-in" lists. In other words, these consumers have NOT given their express permission for you to call, email, fax, or text them. It is your responsibility to ensure that your outreach methods comply with all applicable consent requirements.
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 our lists, you warrant that you will at all times fully comply with all applicable Federal, State, and local laws, rules, regulations, and ordinances, including but not limited to, those concerning:
Note: Callers using Automated Telephone Dialing Systems (ATDS) are required to obtain express written consent before calling consumer CELL phones.
We cannot provide legal advice and assume no responsibility to advise you on these laws or to supervise or ensure your compliance. We are merely providing you with data and you are expected to use that data within the bounds of the law. A violation of any such laws could result in significant penalties and other sanctions.
Prior to buying or using any of these lists, you should consult with an attorney regarding your anticipated uses to ensure that your uses comply with laws and regulations. You are 100% responsible and liable for using these lists legally.
You agree to indemnify and hold harmless the Company, along with all of its owners, officers, directors, employees, contractors, vendors and affiliates, from and against any claims, demands, suits, expenses, financial losses, data losses, business interruption, damages, 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.
Except as may otherwise be contained herein, the Company 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. The Company makes no compliance warranties of any kind; it is solely your responsibility to ensure that your use of the lists complies with the law.
This Agreement shall be governed by and construed under the laws of the United States. Any litigation relating to or arising under the Agreement shall be brought in a court with competent jurisdiction and the parties consent to the jurisdiction and venue of the same.
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.
Questions about this Agreement? Contact us: