BEB BANKRUPTCY DATABASE TERMS AND CONDITIONS


1.Client warrants any offer made by accepting a list furnished by Business Extension Bureau of Texas, Inc. (hereinafter referred to as "BEB") must be in good taste and conform to all federal, state, and local laws, statutes, and regulations.

2.BEB takes reasonable care in providing this information. However, because of the possibility of human error inherent in compiling database information and everyday turnover of information, BEB does not assume any liability for the correctness of this information, or the information from which it is compiled, and does not warrant the comprehensiveness, completeness, accuracy, or adequacy for any purpose or particular use of this information. Under no circumstances will BEB be liable to Client or third parties for incidental, special, consequential, or exemplary damages, including, but not limited to, lost profits, lost data, lost business, postal charges, costs, expenses, etc. BEB’s entire liability for any claim whatsoever relating to and / or under this Agreement shall not exceed the total amount of the charges paid by Client to BEB for the data on which the claim is based. BEB shall not be responsible for any laws, rules, or regulations relating to Client's use of BEB data, including, without limitation, any such laws, rules, or regulations that are specific to Client or its business (e.g. state insurance law, or laws governing real estate agents.) The outcome of Client's marketing promotions is not guaranteed.

3.Client agrees that the names provided are for their own or their clients use only, and that the names and addresses will not be duplicated or resold. The BEB’s lists are seeded with decoy names to protect against unauthorized use. Client may use BEB’s data solely for Client's direct marketing program, but for not other purposes.

4. Due to the fact that our products can be copied easily, orders cannot be returned for refunds or credits.

5.Client shall indemnify, defend, and hold harmless BEB from and against any and all liabilities (including claims for negligence by BEB,) damages, losses, claims, costs, fees, expenses, attorney's fees, etc. arising from, or related to, Client's use of BEB data. The sale is entered into in Harris County, Texas, and is governed by the laws of the State of Texas without giving effect to the principals of conflict of laws. If any dispute should arise between BEB and Client as to the Agreement or the Terms and Conditions, Client hereby expressly submits and consents to jurisdiction of the State District Courts of Harris County Texas for the purpose of legal resolution. In the event that any of these Terms and Conditions is determined to be unenforceable, the other Terms and Conditions shall remain in full force and effect. Failure of BEB to enforce at any time any of the Terms and Conditions shall not be deemed a waiver of any of BEB’s rights and shall not affect the validity of the Agreement.

6.Client acknowledges that BEB’s data is not intended to be indicative of any consumer creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living (as such terms are used in Section 603(d) of the Fair Credit Reporting Act ("FCRA"), 15 USC 1681a.)

7.Fair Information Practices. No solicitation made using a list supplied by BEB’s data shall make a reference to any selection criteria or presumed knowledge regarding the intended recipient of such solicitation, or the source of the recipient's name and address, except to the extent such selection criteria, knowledge, or source of information is derived from Client-owned data. The Client shall comply with all federal, state, and local laws and regulations in connection with any use made of BEB’s data. The Client shall not use or permit others to use such data for purposes of mailing pornographic, or sexually explicit material, chain letters, pyramid fund raising solicitations, or other similar purposes. Upon BEB’s request, Client shall furnish BEB with a sample mail piece to enable BEB to verify Client's compliance with such restrictions.