Lead Purchase Agreement
Thank you for visiting the Second Chance Leads™ and Agents Direct Mail websites located at www.secondchanceleads.com and www.agentsdirectmail.com, respectively (collectively, the "Site"). The Site is an Internet property of Agents Direct Mail LLC. ("ADM," "we," "our" or "us"). The Site provides end-user visitors ("Visitors") with: (a) access to certain information relating to the ADM Offerings (as defined below), including various e-books and downloadable periodicals, as well as other text, images, graphics, blog posts and other material made available by ADM (collectively, " ADM Content"); (b) a means to access the searchable database and associated services made available by ADM (collectively, "Platform"), which enable individuals and/or entities ("Purchasers," and together with Visitors, "Users") to: (i) search for consumer data records grouped by industry/type (collectively "Leads"), as compiled by ADM from various third party sources (collectively, "Third Party Sources"), using available search criteria/filters; and (ii) where applicable, purchase , via the Site, e-mail, telephone orders or any offline methods made available by ADM, a license to utilize such Leads for a period of three (3) months, or such other period as designated by ADM from time-to-time ("Lead License Period"); (c) the ability to register to receive the ADM e-mail newsletter ("Newsletter"); and/or (d) access to ADM social media pages/accounts on third party social media websites, such as Facebook®, Google+®, LinkedIn®, Twitter® and YouTube® (collectively, "Social Media Pages," and together with the Site, ADM Content, Platform, Leads and Newsletter, the " ADM Offerings").
Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). Google+® and YouTube® are registered trademarks of Google, Inc. ("Google"). LinkedIn® is a registered trademark of LinkedIn Corporation ("LinkedIn"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter").Please be advised that ADM is not in any way affiliated with Facebook, Google, LinkedIn or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
1. Scope; Modification of Agreement . The Agreement constitutes the entire and only agreement between Users and ADM with respect to Users' use of the ADM Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to our Users; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any ADM Offerings. By a User's continued use of any of the ADM Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Necessary Equipment. The ADM Offerings are available only to valid legal entities and/or individuals who can enter into legally binding contracts under applicable law. The ADM Offerings are not intended for use by non-valid legal entities and/or individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction). If a User is not a valid legal entity, if that User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the ADM Offerings. Users shall be responsible, at all times, for ensuring that they have an Internet connection, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access and use the ADM Offerings.
3. Registration; Account Rejection and/or Termination. In order to utilize certain of the ADM Offerings, including Users that wish to purchase Leads and/or sign up for the Newsletter, Users may be required to submit a registration form on the Site, or otherwise via e-mail, telephone orders or any offline methods made available by ADM (each, a "Form"). The information that Users must supply on the applicable Form when registering, or later making a purchase, may include, without limitation: (a) the User's full name; (b) the User's username and password; (c) the User's e-mail address (including the User's e-mail address associated with its/her/his PayPal® account where purchasing a license to certain Leads with a PayPal® account); (d) the User's company's name; (e) the User's full mailing address; (f) the User's credit card information, including billing address (where purchasing a license to certain Leads with a credit card account); (g) the User's mobile telephone number and mobile carrier; (h) the User's alternate telephone number; (i) how the User located the Site; (j) what Lead types the User is interested in; and/or (k) any other information requested by ADM on the Form (collectively, "Registration Data"). Each User agrees to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
PayPal® is a registered trademark of PayPal, Inc. Please be advised that ADM is not in any way affiliated with PayPal, Inc., and neither ADM nor the ADM Offerings are endorsed or sponsored by PayPal, Inc.
ADM may reject a User's Form, reject a User's attempted registration and/or terminate a User's ADM Offerings account ("Account") at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where: (i) ADM believes that such User is in any way in breach of the Agreement; (ii) ADM believes that such User is engaged in any improper conduct in connection with the ADM Offerings; and/or (ii) ADM believes that such User is, at any time, conducting any unauthorized commercial activity by and through the ADM Offerings.
4. The ADM Offerings.
(a) Compliance with Applicable Law. By accessing and using the ADM Offerings, each User represents and warrants that its use of any and all Leads, its User Content (as defined below) and its use of any and all other ADM Offerings will be in strict compliance with all applicable ADM guidelines, as well as all applicable local, state, national, federal and international laws, rules and regulations including, but not limited to, the Gramm-Leach Bliley Act of 1999 (15 U.S.C. §§ 6801 et seq.) and the FTC's Safeguards Rule (16 CFR Part 314), the Fair Credit Reporting Act, the Federal Trade Commission Act, the CAN-SPAM Act of 2003, as amended ("CAN-SPAM"), the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200) (the "TCPA"), the Fair Debt Collection Practices Act, the Federal Communications Act, the Amended Telemarketing Sale Rule ("ATSR"), 16 CFR 310 et seq., and laws governing the National Do-Not-Call Registry, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"), the HIPAA Privacy Rule, the HIPAA Security Rule, and all rules and regulations promulgated under any of the foregoing (collectively, "Applicable Law"). Without limiting the foregoing, each User represents and warrants that, where such User intends to conduct any telemarketing activities in connection with any Leads, it has the legal authority to download information from the NDNCR using a Subscription Authorization Number ("SAN").
(b) Disclaimers. Each User acknowledges that ADM utilizes multiple Third Party Sources and collection methods in its Lead compilation processes. The Third Party Sources are solely responsible for the content, accuracy, completeness, appropriateness and/or validity of the Leads, and the legality associated with their collection and dissemination. ADM does not represent or warrant that the Leads and/or other information made available by and through the Platform and/or other ADM Offerings is accurate, complete or appropriate, or that such Leads were collected in compliance with Applicable Law. ADM makes no representation or warranty that the Leads are collected in a manner that satisfies any applicable legal requirements for use in any specific manner or are fit for any particular purpose. Users should consult with their own legal counsel before initiating any online or offline marketing campaign utilizing the Leads. Without limiting the foregoing, e ach User hereby expressly acknowledges and agrees that, in the event that any consumer information contained in any Lead provided by and through the Platform includes telephone numbers, each User acknowledges and agrees that ADM makes no claim that any such consumer information was collected from consumers who have provided "prior express written consent" as required under the TCPA and/or Do Not Call List requirements and any applicable rules, regulations or guidelines. As a result, ADM does not make any claim, representation or assertion that User, or any third party, may: (i) call any landline or mobile phone numbers contained within any Lead, without first scrubbing against the National Do-Not-Call-Registry; and/or (ii) call any landline or mobile phone numbers contained within any Lead through the use of an automatic telephone dialing system or pre-recorded or artificial voice message or text message without first separately obtaining prior express written consent from each such consumer that comprises the subject Lead ("Consumer"), as required under the TCPA. Each User hereby expressly acknowledges and agrees that, in the event that any Consumer information contained in any Lead provided by and through the Platform includes e-mail addresses, such consumer information WAS NOT collected from consumers who have "affirmative consent" as required under CAN-SPAM. As a result, ADM does not make any claim, representation or assertion that User, or any third party, may send commercial e-mail messages to any e-mail addresses contained within any Lead, without first separately obtaining affirmative consent from each such subject Consumer, as required under CAN-SPAM.
(c) Platform/Leads/Lead License Period. Subject to the terms and conditions of the Agreement, Users shall be permitted to search for Leads by and through the Platform using various filters/search criteria made available by ADM. Where a User wishes to purchase a license to the Leads for the applicable Lead License Period, and upon completing the applicable Form associated with the license of Leads (whether via the Site, e-mail, telephone orders or any offline methods made available by ADM),, the: (a) credit card that the User provided on the Form (where selected as its preferred payment method); or (b) the PayPal® account that the User provided (where selected as the preferred payment method) will be charged the applicable fee for the Leads (collectively, "Standard Payment Method"). Where you do not wish to pay for Leads via a credit card or PayPal®, you may contact ADM with your alternative payment request and, where ADM approves, ADM will send you a purchase order that will enable you to pay by check, (collectively, "Alternative Payment Method," and together with the Active Credit Card, the "Payment Method"). ALL SALES ARE FINAL AND NON-REFUNDABLE.
Users may only use the Leads that they license by and through the Platform for their own personal use (or for the Permitted Sublicense, as defined below) during the Lead License Period which shall be, unless expressly provided for otherwise, three (3) months from the date of purchase. Users may sublicense each Lead one (1) time, to one (1) party ("Sublicensee") during the Lead License Period ("Permitted Sublicense"); provided, however, that: (i) where User licenses a Lead to a Sublicensee, that User may not also use the Lead in any manner including, without limitation, conducting any marketing efforts in connection with such Lead; (ii) each such Sublicensee must comply with all of the terms and conditions of the Agreement as if such Sublicensee was User; (iii) such Sublicensees may not resell, rent, license, transfer or in any way permit the use of any Lead by any third party; (iv) such Sublicensees may only use the Leads as contemplated hereunder, during the applicable Lead License Period; and (v) User shall remain jointly and severally liable for any and all acts and/or omissions of any Sublicensee. Other than in connection with a Permitted Sublicense as strictly authorized above, Users may not resell, rent, license, transfer or in any way permit the use of the Leads by any third party. ADM shall retain all right, title and interest in and to the
Leads and all intellectual property contained therein. ADM reserves the right, but is not obligated, to monitor Users' compliance with the terms of the Agreement which may include using a combination of control methods including, without limitation, implantation of seed and/or decoy information/Leads, as applicable. Upon expiration or termination of the Lead License Period, Users shall immediately discontinue any and all use of the Leads and permanently delete or return all copies of licensed Leads except as expressly provided herein. In the event that a User fails to fully comply with the foregoing obligations, that User shall pay to ADM, as liquidated damages and not a penalty, an amount equal to one-twelfth of the total fees charged under this Agreement for each month of such User's noncompliance. Each User shall certify in writing as to its compliance with its obligations within ten (10) days of ADM request. Each User agrees that ADM may, during any ongoing Lead License Period and for a period of one (1) year following the termination of the most recent Lead License Period, audit User for the sole purpose of verifying that such User has complied with the terms of the Agreement. Each User will cooperate with ADM in such audit(s) by providing ADM with access to records and personnel as reasonably necessary for ADM to verify that such User has complied with the terms of the Agreement. Any such audit(s): (A) may be performed by ADM or its third party representatives; (B) shall occur only during normal business hours; and (C) shall, in each instance, be preceded by at least three (3) business days' advance written notice. ADM will be solely responsible for the costs of such audit(s); provided, however, that User will pay the reasonable costs of such audit(s) and any applicable charges if the audit(s) reveal(s) that such User has not complied with the terms of the Agreement
The fees associated with each User's purchases will appear on that User's Payment Method statement through the identifier "Agents Direct Mail." All prices displayed on the Platform are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Leads does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, each User agrees to be bound by the Billing Provisions of ADM in effect at any given time. Upon reasonable prior written notice to its Users (with an update to the Agreement and/or e-mail sufficing), ADM reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of any ADM Offerings and/or purchase of Leads after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
ADM authorization to provide and bill for the Leads is obtained by way of the applicable User's electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. ADM S’ reliance upon a User's electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures.
(d) Suppression Lists. From time-to-time, ADM may deliver to Users a suppression list containing: (i) e-mail addresses of Consumers contained in the subject Leads that have expressed that they do not wish to receive subsequent e-mail marketing; and (ii) telephone numbers of Consumers contained in the subject Leads that have expressed that they do not wish to receive subsequent telemarketing and/or text message marketing (collectively, the "Suppression List(s)"). Each User agrees that it will: (A) check such Suppression Lists on a daily basis; and (B) process all unsubscribe requests, no matter the source, within five (5) days of its receipt of such requests and maintain electronic records evidencing the date and time of removal of such e-mail address (es) and/or telephone number(s), as applicable, from the Leads made available to User hereunder. Each User hereby expressly agrees not to use the Suppression List(s) for purposes of e-mail marketing, telemarketing and/or text message marketing or provide the Suppression List(s) to any third party for said purpose(s).
(e) ADM Content. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the ADM Content made available by and through the Site and/or other ADM Offerings. The ADM Content is compiled, distributed and displayed by ADM, as well as third-party content providers (collectively, "Third-Party Providers"). ADM does not control the ADM Content provided by Third-Party Providers that is made available by and through the ADM Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such ADM Content. The ADM Content should not necessarily be relied upon. ADM does not represent or warrant that the ADM Content and other information posted by and through the ADM Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that ADM will not be responsible for, and ADM undertakes no responsibility to monitor or otherwise police, ADM Content provided by Third-Party Providers. Users agree that ADM shall have no obligation and incur no liability to such Users in connection with any ADM Content. Users may find certain ADM Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the ADM Content.
(f) User Content. Each User agrees that it is solely responsible for the marketing material and/or other content, material, communications, feedback, products, services and/or other information and merchandise that is made available, promoted, marketed, pitched, published, transmitted and/or posted to the subject Consumers contained in the Leads (and any website linked to or associated with same) (collectively, "User Content"). ADM undertakes no responsibility to monitor or otherwise police the User Content. Each User and third party agrees that ADM shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.
5. Representations and Warranties. Each User hereby represents and warrants to ADM as follows: (a) the Agreement constitutes such User's legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the ADM Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance by User of the Agreement will not conflict with or violate: (i) any order, judgment or decree applicable to such User; (ii) any provision of such User's corporate by-laws or certificate of incorporation, if applicable; or (iii) any agreement or other instrument applicable to such User; (d) such User's performance under the Agreement, such User's use of the ADM Offerings, the User Content (if applicable), User's marketing activities associated with the Leads and/or User's storage and distribution of the Leads will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any Applicable Law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (e) if applicable, each User will be solely responsible for its User Content and any and all other material, content, products and/or services made available on, or linked to from, same.
6. Indemnification. Each User agrees to indemnify, defend and hold ADM, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, contractors, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from or related to: (a) the User Content and any and all other information, products and/or services posted, made available and/or linked to in connection with each User's use of the Leads or otherwise; (b) any dispute between User and any Consumer, Third Party Source or other third party; (c) User's breach of the Agreement and/or any representation or warranty contained herein; (d) any allegation that User (or any User Content) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that ADM is obligated to pay any taxes in connection with such User's use of the ADM Offerings; (f) any claim or allegation that User's use of the ADM Offerings has violated any Applicable Law; and/or (g) User's use of the ADM Offerings in any manner whatsoever.
7. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the ADM Offerings. ADM may terminate this license at any time for any reason. Unless otherwise expressly authorized by ADM, Visitors and Users may only use the ADM Offerings for their own personal, non-commercial use. No part of the ADM Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the ADM Offerings except as expressly permitted by ADM. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the ADM Offerings, or any portion thereof. No User or other third party may create any "derivative works" by altering any aspect of the ADM Offerings. No User or other third party may use the ADM Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the ADM Offerings for any commercial purposes not expressly permitted by ADM. Each User further agrees to indemnify and hold ADM harmless for that User's failure to comply with this Section 7. ADM reserves any rights not explicitly granted in the Agreement.
8. Proprietary Rights. The ADM Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the ADM Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the ADM Offerings. The posting of information or material by and through the ADM Offerings does not constitute a waiver of any right in or to such information and/or materials.
9. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the ADM Offerings is a violation of criminal and civil law and ADM will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
10. Disclaimer of Warranties. THE ADM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ADM MAKES NO WARRANTY THAT THE ADM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET ANY USER'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL HAVE BEEN SCRUBBED AGAINST THE NATIONAL DO NOT CALL LIST AND/OR WILL BE COMPLIANT WITH THE TCPA, ATSR, CAN-SPAM OR ANY OTHER APPLICABLE LAW; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE ADM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ADM WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE CONNECTION ASSOCIATED WITH THE ADM OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ADM OR OTHERWISE THROUGH OR FROM THE ADM OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT ADM SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE ADM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE ADM OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND ANY CONSUMERS, THIRD PARTY SOURCES AND/OR OTHER THIRD PARTIES; (D) ANY MATTER RELATING TO ANY USER CONTENT; (E) ANY CLAIM THAT THE LEADS DO NOT COMPLY WITH ANY FEDERAL AND/OR STATE E-MAIL AND/OR TELEMARKETING LAWS INCLUDING, WITHOUT LIMITATION, THE TCPA, ATSR AND/OR CAN-SPAM; (F) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER'S REGISTRATION DATA; AND (G) ANY OTHER MATTER RELATING TO THE ADM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES ADM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ADM TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE ADM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME , MAY BE BROUGHT BY ANY USER OR ADM MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND ADM. ACCESS TO THE ADM OFFERINGS WOULD NOT BE PROVIDED TO ANY USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF ADM SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Third Party Websites. The ADM Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Sites. ADM does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by ADM of the applicable website or any association with the website's operators. Because ADM has no control over such websites and resources, each User agrees that ADM is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User's data privacy by third parties.
13. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
14. Use of Registration Data. All material submitted by Users through or in association with the ADM Offerings, including, without limitation, the Registration
15. Contact Us. If any User has any questions about the Agreement, ADM Offerings or the practices of ADM, that User can email us as at: email@example.com; or call us at: 1-708-954-1159.