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TARGETED LISTS SERVICE - TERMS OF SERVICE AGREEMENT
CUSTOMER and Elmed Internet Marketing ("Elmed") agree that:
CUSTOMER will pay the one time fee listed on the order form and Elmed will provide the "targeted" email address list selected by CUSTOMER. Elmed conducted research on the internet using key word search queries to build the selected email address list for CUSTOMER. Elmed utilized key words related to the targeted subject on the order form to conduct key word search queries which the resulted in and comprises the email address list selected by CUSTOMER.
Elmed will record the results of the key word search queries (the email address list) on Internet or CD-ROM and send to CUSTOMER via download or mail at the address CUSTOMER specifies on the order form.
CUSTOMER understands that the fee listed on the order form covers the Elmed research service. The results of the research are the email address list. All sales are final - no refunds after receipt of payment.Elmed defines a "targeted" email address list as the results of key word seeded queries of the Internet. Elmed makes no express or implied warranties or guarantees concerning the "targeted" lists.
CUSTOMER is solely responsible for CUSTOMER's use of the "targeted" email address list. Elmed shall not be liable or responsible for the consequences, legal or otherwise, of CUSTOMER's emailings utilizing the email addresses. CUSTOMER agrees to keep the source of their email address list confidential to the extent a recipient of a soliciation from CUSTOMER inquires as to where CUSTOMER obtained recipient's email address. CUSTOMER agrees to only respond that recipient's email address was found on the Internet.
Elmed or its employees shall not be liable to CUSTOMER or any other person under any legal theory, tort, contract or otherwise for any indirect, special, incidental or consequential damages of any character including without limitation damages for loss of goodwill, work stoppage, computer or website failure or malfunction, or any other commerical damages or losses related to any products or services CUSTOMER promotes, sells, or endorses through emailings to the email addresses provided by Elmed.THE PURCHASE OF Elmed "TARGETED" EMAIL ADDRESS LIST COMPILATION SERVICE or EMAIL ADDRESS LISTS BY CUSTOMER IS MADE AFTER CUSTOMER EXPRESSLY ACCEPTS THE TERMS SET FORTH HEREIN BY SIGNING THE ORDER FORM if order is placed via the Internet. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law and any disagreements between CUSTOMER and Elmed will be resolved in the jurisdiction of Wilmington, Delaware The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement represents the complete, final, and integrated agreement between Elmed and CUSTOMER concerning CUSTOMER's purchase of Elmed "Targeted" Email Address List Compilation Service or products.
Elmed Internet Marketing
