1st Class Marketing, LLC recognizes that your privacy is important. This document outlines the types of personal information we receive and collect when you use 1st Class Marketing, (www.FirstClassMktg.com), as well as some of the steps we take to safeguard your information. We hope this will help you make an informed decision about sharing personal information with us. 1st Class Marketing strives to maintain the highest standards of decency, fairness and integrity in all of our operations. Likewise, we are dedicated to protecting our customers and online visitors privacy when visiting our website or doing business with us.
- Personal Information
1st Class Marketing, LLC may collect personally identifiable information from the visitors to our website only on a voluntary basis. Personal information collected on a voluntary basis may include name, postal address, email address, company name and telephone number. This information is collected if you request information from us. The information collected is internally reviewed, used to improve the content of our website, notify our visitors of updates (when given express permission), and respond to visitor inquiries. Once information is reviewed, it is discarded or stored in our files. Personally indentifiable information received from any visitor will be used only for internal purposes and will never be sold or provided to third parties.
- Updates and Effective Date
- PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE
1st Class Marketing, LLC reserves the right to refuse service to anyone without prejudice. Certain data and lists are only available to specific industry types. Data/lists that require compliance will not be delivered until all compliance requirements are satisfied. Under no circumstances will we deliver lists without our client being fully compliant according to the marketing lists they have purchased. If your firm cannot clear any mandatory compliance requirements, a total refund of monies paid to 1st Class Marketing will be approved. Services shall only be used for business purposes and in accordance with requirements and stipulations contained herein. Service shall not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose.
- REFUND POLICY
1st Class Marketing, LLC strives to provide the best data and direct marketing services, however, due to the nature of our products, we cannot guarantee results. By ordering and paying our invoice, purchaser agrees to 1st Class Marketing’s terms and conditions and also acknowledges that 1st Class Marketing may not issue refunds, and may issue replacements in certain circumstances. Purchaser agrees to follow all FCRA compliance if applicable to dataset purchased from 1st Class Marketing, and has a Permissible Purpose if applicable.
- TERMS OF SERVICE AND CONDITIONS – Direct Mail Campaigns, Telemarketing and Voice Broadcasting Services
– 1st Class Marketing, LLC (Service Provider), its affiliates, distributors and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “Service Provider”) shall not be liable and are not responsible for any loss or damage Client suffers, or any party claiming through or under Client, as a result of, or related to, the use of the service including, but not limited to: any indirect, incidental, special, punitive or consequential damages, resulting from or relating in any way to the use of the service even if the Service Provider have been advised of the possibility of such damages.
– Client agrees to indemnify and hold Service Provider harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of the use of the service or the infringement of any trademark or copyright. Service Provider make no express or implied representations or warranties about its service and disclaims any implied warranties,including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, legal compliance, or non-infringement. Service Provider does not authorize anyone to make any warranties on the company’s behalf and Client may not rely on any statement of warranty as a warranty by Service Provider.
– Client will not utilize the service in a manner which results in violation of any law, rule or regulation. Client bears full responsibility for compliance with all state and federal laws regarding the content of their message(s) for direct mail campaigns, telemarketing and email launches. Client certifies message(s) used will be in compliance with 47 U.S.C. Â§ 227 or certifies exemption from its requirements.
– Client acknowledges that they are a common carrier as defined in 47 U.S.C. Â§ 153 hired to distribute messages on behalf of Client.
– Client understands the Telemarketing Sales Rules (“TSR”) as provided by the Federal Trade Commission (“FTC”). Client agrees to maintain its own Subscription Account Number (SAN) with the FTC if necessary. Client certifies message(s) used and Caller ID displayed will comply with all legal requirements. Client ensures compliance with the FTC’s identification requirements and agrees to maintain a Do-Not-Call policy as required by law.
– Client acknowledges that service provider has no obligation to screen, preview, or monitor content of message(s). Service Provider retains the right to display scripts and recordings used to other prospective Clients.
– Client understands example messages displayed are not for actual use – clients selecting an example message for actual use do so at their own risk, on their own initiative and are responsible for compliance with all applicable laws. Service Provider may disclose to a third party any information it deems necessary to satisfy any applicable law, regulation, legal process, governmental request, or in connection with any investigation or complaint regarding Client’s use of the Service.
– Client agrees to be responsible for all activities and transactions that occur under Client’s online account number(s).
– Service Provider shall be held harmless in the event calls cannot be effected for any reason. Service is provided on an “as-is” and “as available” basis. Service Provider reserves the right to cancel any scheduled campaign at any time. Should a scheduled campaign be canceled for any reason by Service Provider the limit of liability is the refund of the percentage of any remaining unearned (actual) revenue for that particular campaign (as calculated by ROI on completed portion of campaign). Should a scheduled campaign be canceled by Client, no refund will be provided.
– Clients who manually disable their broadcast or show no activity for over fifteen (15) days without prior written approval from Service Provider are subject to immediate cancellation with no refund. Client agrees to appropriately inform their staff and all incoming callers that calls may be recorded or monitored.
– Client agrees the total liability under ANY circumstances of Service Provider hereunder shall not exceed $1,000 (One Thousand Dollars) or the amount actually paid by the Client under this agreement, whichever is less. Call Duration (CD) measurement is based on the difference in time from acceptance of call by Public Switched Telephone Network (PSTN) and termination of call from PSTN billed in one minute increments. Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be Portage County, Ohio and shall be governed in all respects by the laws of the State of Ohio without regard to its conflict of law provisions.
Should any part of this Agreement be declared invalid, the remaining portions shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated. Failure of Service Provider to exercise any right under this agreement shall not constitute a waiver of such right. This Agreement is the final, complete, entire, and exclusive agreement between 1st Class Marketing (service provider) and Client with respect to the subject matter hereof, and supersedes any prior communications, oral or written, with respect to the subject matter hereof. No modification of, or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by both parties.
- REQUIRED LEGAL DISCLOSURES AND WAIVERS:
(Confidentiality & Privacy Statement) (12 CFR Â§ 205.7(b)(9)) Account Holder(s) information may only be disclosed to third parties : (i) In order to comply with government agency or court order.
- Agreeing to Terms
Latest Revision: 10/31/2014