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As a Direct Performance Data (DPD) client (hereinafter referred to as the "Customer") the act of accessing this system indicates that you understand and accept the following terms. The Services and Data shall only be used as expressly authorized by the Agreements and Schedules in place between Customer and DPD. If you do not wish to accept these terms or have any questions please contact your DPD sales representative or the DPD Helpdesk. [br]Payment. Customer will pay DPD for the Services in the amounts agreed upon and set forth in the applicable pricing schedule or agreement. Customer's payment for the DPD Services at DPD discretion shall be due prior to the performance of Services or within ten (10) days of the Customers receipt of the DPD invoice, unless otherwise agreed to in writing by DPD and the Customer. The fees for the Services do not include shipping charges or applicable federal, state, local, or foreign sales or use taxes, and Customer will pay or reimburse DPD for such shipping costs and taxes. [br] Security Measures. Customer acknowledges that the system is a secure computing platform for the exclusive use of DPD's Customers, as determined and approved by DPD. All users from a Customer organization must be named and requested in writing. All Customer users must have an individual and unique access code. Access codes may not be shared or distributed under any circumstances without written permission from DPD. DPD reserves the right to administer security measures at will. Customer will take all necessary steps to maintain the confidentiality and security of all access codes, documentation, and associated materials. Any known security breach, loss, or unauthorized disclosure of information must be reported immediately to the DPD Helpdesk. [br] License and Confidentiality. All Data furnished is licensed for one-time usage for marketing purposes only, unless otherwise stipulated in writing by DPD, and shall not be made available by the Customer, in whole or in part to any other person, firm or entity, in any form or manner whatsoever. It is acknowledged by Customer that any disclosure of the Data to third parties would be damaging to DPD and it's Suppliers. Customer agrees not to resell, reuse, or duplicate Data purchased from DPD and the Data shall not be used in development of any service or product that is competitive with DPD, its Suppliers or data compilers in general. [br] Compliance with Laws and Industry Standards. Customer agrees to comply with all federal, state and local laws, rules and regulations applicable to each party's receipt and use of data provided to the other. Customer agrees to utilize data received in connection with the provision of a firm offer of credit as defined in and in compliance with the Fair Credit Reporting Act, 15 U.S.C. 1681. All Marketing efforts, solicitations, ad copy and/or other communications to be used in connection with any list created by or for Customer derived from the Data (i) shall be devoid of any references to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; (ii) comply with all applicable privacy and data protection laws, rules and regulations, including all policies published by the Direct Marketing Association (DMA); (iii) be in good taste in accordance with generally recognized standards of high integrity. DPD reserves the right to pre-approve and review the Customer's intended use of the Data, including, but not limited to, sample mail pieces, prior to acceptance of an order. Customer is responsible for all materials intended for mailing to names/addresses derived from the Data, and further agrees to (i) keep copies of mail materials for a period of at least six (6) months after any mail date and (ii) provide one (1) copy of such materials at no cost to DPD upon request. [br]Data Ownership. The data in DPD's databases and any other intellectual property that are part of the Services are and will continue to be DPD's exclusive property and/or the property of DPD's Suppliers and data sources. Nothing contained in this disclosure or any other agreement shall be deemed to convey to Customer or to any other party any ownership interest in or to the methodology, techniques, intellectual property, data or trade secrets provided in connection with the DPD Services. Customer shall not commit or permit any act or omission by its agents, employees or any third party, which will impair DPD's or its data sources copyright or proprietary rights in the data or services. Customer shall (i) treat the data and services with the same degree of care to protect against unauthorized disclosure as Customer normally treats it's own information of like character and importance, (ii) not negligently cause or permit disclosure of data or services to other than its employees who have a need to know, and (iii) obligate all authorized recipients to honor all of the terms and conditions of this disclosure and any associated Agreements and Schedules. [br]Warranty. DPD warrants to Customer that DPD shall provide the services or products in accordance with any specifications mutually agreed to by DPD and Customer in an applicable service schedule. Because the Services involve conveying information provided to DPD by other data sources, DPD cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data contained in DPD's databases. THE WARRANTY IN THE FIRST SENTENCE OF THIS PARAGRAPH IS THE ONLY WARRANTY DPD PROVIDES TO CUSTOMER WITH RESPECT TO THE SERVICES. DPD MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ANY DATA, OR ANY INFORMATION (TANGIBLE OR INTANGIBLE) PROVIDED BY DPD UNDER THIS AGREEMENT, AND DPD EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES OR DATA PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS THAT DPD DOES NOT HOUSE THIS INFORMATION AND RELIES ON THEIR SUPPLIERS FOR THE CREATION AND PRODUCTION OF THIS INFORMATION. [br]Limitation of Liability. DPD DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF ANY DATA FURNISHED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WILL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART DUE TO THE PROCURING, COMPILING, COLLECTING, INTERPRETING, COMMUNICATING OR DELIVERING THE FURNISHED DATA TO CUSTOMER. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE. IT BEING EXPRESSLY AGREED BY BOTH DPD AND CUSTOMER THAT DPD'S LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO DPD FOR THE SPECIFIC AFFECTED DATA AND OR SERVICES PROVIDED UNDER THIS AGREEMENT. YOU ACKNOWLEDGE THAT THE SERVICES THAT YOU RECEIVE THROUGH THE SYSTEM MAY INCLUDE DATA, THE USE OF WHICH MAY BE HIGHLY REGULATED AND RESTRICTED, INCLUDING CONSUMER CREDIT DATA. YOU AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS APPLICABLE TO YOUR RECEIPT AND USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IF YOU RECEIVE PRE-SCREENED CONSUMER CREDIT DATA AS PART OF THE SERVICES, YOU AGREE TO USE SUCH SERVICES IN COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT, 15 U.S.C. 1681, AS AMENDED (“FCRA”), AND THAT EACH CONSUMER LISTED IN SUCH DATA WILL RECEIVE A “FIRM OFFER OF CREDIT OR INSURANCE” AS DEFINED IN FCRA. CLIENT CERTIFIES THAT IN CONNECTION WITH ANY PROJECT LEVERAGING CONSUMER REPORTING AGENCY DATA THAT IT WILL ORDER CONSUMER REPORTS, AS DEFINED BY THE FEDERAL FAIR CREDIT REPORTING ACT, 15 U.S.C. §1681 ET. SEQ., AS AMENDED (THE "FCRA"), ONLY WHEN CLIENT INTENDS TO USE THE CONSUMER REPORT IN ACCORDANCE WITH THE FCRA AND ALL STATE LAW FCRA COUNTERPARTS AND FOR THE FCRA PERMISSIBLE PURPOSE OF EXTENDING EACH CONSUMER A FIRM OFFER OF CREDIT OR INSURANCE (AS THAT TERM IS DEFINED IN THE FCRA). CLIENT FURTHER CERTIFIES THAT IT WILL USE EACH CONSUMER REPORT ORDERED FROM CONSUMER REPORTING AGENCY FOR THE FOREGOING PURPOSE AND FOR NO OTHER PURPOSE AND THAT IT WILL NOT SHARE WITH, OR PROVIDE TO, ANY THIRD PARTY SUCH CONSUMER REPORTS, EXCEPT AS OTHERWISE PERMITTED BY CONSUMER REPORTING AGENCY. [br]Publicity and Marketing Restrictions. Customer may not use or disclose the name of DPD or any of DPD's trade names, trademarks or service marks, or intellectual property for any purpose as the identification of the source or reference of Customer's data or services or for any other purpose of Customer without the prior written consent of DPD.