To the extent possible, the documents should be read to be consistent with one another. Customer is responsible for all activities that occur under User accounts. The Data furnished to Customer may be licensed to its End Users in connection with their own marketing programs, and for no other purpose. Such Customer Data shall be kept, maintained and used in accordance with all applicable local, state and federal laws and regulations. Services shall automatically renew for additional periods of one 1 month, unless Customer or CUE SOCIAL gives notice of termination at least 30 days prior to the end of the relevant service term. Customer agrees to comply and cause its End Users to comply with any and all current and future federal, state, local and international laws concerning use of the Data, telephone solicitations and marketing, and the transmission of facsimiles and email, including but not limited to, the Telephone Consumer Protection Act of , the CAN-SPAM Act of , the Federal Trade Commission "FTC" Telemarketing Sales Rule, and any other existing or future FTC rules and any enforcing regulations related to the foregoing.
If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure to the extent legally permitted and reasonable assistance, at Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. Customer is responsible for all activities that occur under User accounts. Any amendments to this Agreement must be in writing and executed by the parties. A party may terminate this Agreement for cause: Any Data ordered by Customer may be used for marketing programs by mail, telemarketing, mobile marketing or email or for database analysis only. There are no third-party beneficiaries to this Agreement. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site individually and collectively, the "Services" , and is in addition to not in lieu of any specific terms and conditions that apply to the particular Services. If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Such Customer Data shall be kept, maintained and used in accordance with all applicable local, state and federal laws and regulations. CUE SOCIAL may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Notwithstanding the foregoing, CUE SOCIAL will have no obligation under this section or otherwise with respect to any allegation or claim based upon any use of the Services by Customer or any User not in accordance with this Agreement, any use of the Services by Customer or any User in combination with products, equipment, software, or data not supplied by CUE SOCIAL if such infringement would have been avoided by the combination with other products, equipment, software or data, or any modification of the Service by any person other than CUE SOCIAL or its expressly authorized agents or subcontractors. The parties to this Agreement are independent contractors and neither party has any authority to bind or commit the other in any respect whatsoever, and neither party shall hold itself out as the agent, principal, partner, associate or joint venturer of the other or as having any power or authority to bind or commit the other party. This Agreement may be executed in counterparts, which taken together shall form one legal instrument. Due to the varying publication dates of such notices, CUE SOCIAL disclaims any warranty, express or implied, that the names and telephone numbers of all such subscribers have been identified on or deleted from any Data or other list ordered by Customer. Customer will not use or permit use of the Data for generating any statistical information which is sold, rented, published, furnished or in any manner provided to a third party, or use or permit the use of the Data in connection with individual credit, employment or insurance applications. In the event of any express conflict between the provisions in this Agreement and any executed Order Form, the provisions on this Agreement shall apply. Customer is obligated by this Agreement to ensure that its End Users are made aware that no right, interest in, or title to any Data is passed to End Users under this Agreement or any applicable addendum. Notices to Customer are to be addressed, unless otherwise noted, to the signatory below at the address in the preamble. Neither party may assign this Agreement without the other party's prior written consent, except that: As used herein, "Confidential Information" means all confidential and proprietary information of a party "Disclosing Party" disclosed to the other party "Receiving Party" , whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, the Services, the CUE SOCIAL Technology, business and marketing plans, technology and technical information, product designs, and business processes. The courts of Ohio shall have the non-exclusive jurisdiction to hear any matter arising in connection with this Agreement. Except for actions for non-payment or breach of either party's intellectual property rights, no action regardless of form arising out of this Agreement may be commenced by either party more than two 2 years after the cause of action has accrued. Customer will not use or permit the use of the Data for compiling, enhancing, verifying, supplementing, adding to or detracting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising, or other compilation of information which is sold, rented, published, or provided to a third party. Each party represents and warrants that it has the legal power to enter into this Agreement. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement and the severed provision shall be interpreted to be consistent with the Agreement. The foregoing obligations are conditioned on CUE SOCIAL notifying Customer promptly in writing of any such action, giving Customer sole control of the defense thereof and any related settlement negotiations, and cooperating and, at Customer's reasonable request and expense, assisting in such defense.
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