SK&A makes every effort to validate the accuracy of it lists. However, we cannot guarantee 100-percent accuracy. Further, we cannot vouch for the accuracy of lists obtained from third parties. Yet SK&A always endeavors to work with reputable and responsible third parties in order to minimize the likelihood of substandard lists.
Limits of Liability of SK&A Concerning Usage of SK&A Mailing Lists
SK&A cannot guarantee the success of delivery or outcome of any mailing. We will, however, refund the current first class rate on mail returned by the post office in excess of 1 percent of the names furnished. In order to qualify for a refund, you must forward to us within 30 days of invoice date the undeliverable pieces for identification and verification. Our guarantee does not apply to mailings after 30 days of invoice date, duplicate mailings, or to broker lists. It also does not apply to lists purchased for telemarketing, fax and email. When reuse or multiple uses of lists is requested, the SK&A undeliverable (nixie) guarantee will not apply. SK&A is not liable for any other damages or losses incurred through the use of the list(s) provided. In no event shall SK&A liability exceed the invoice cost of lists or the invoice cost of our mailing services.
Limits on Uses of Lists
Lists are rented for one-time mailing use. Lists are seeded and usage is tracked. Unauthorized reuse of lists without the prior agreement of SK&A will be invoiced at one and one half times the agreed rental price of the original list. Multiple mailing uses and other uses may be negotiated and will be permitted only if authorized in writing. Mail purpose, mail date and sample mail piece are required. Lists remain the property of SK&A, A Cegedim Company.
Limits of Liability Third-party Lists
SK&A is not liable for any losses or damages claimed through the use of our lists, or mailing services or lists that were compiled by other companies and rented out by us, or for any consequential or special damages. Under no circumstances shall our liability exceed the invoice cost of lists or the invoice cost of our mailing services. Compiled lists from various mailing lists of independent publishers and direct mail marketers cannot be guaranteed deliverable, nor can the outcome of any mailing be guaranteed for delivery. Further, no warranty is made with respect to lists obtained from third parties other than assignment to of whatever warranty is made by the third party and provided to us. We are not liable for any other damages or losses incurred through the list(s) provided.
Notice to All Users of Facsimile List
As SK&A is only the provider of data, the responsibility rests with our customers to ensure that their actions are in compliance with all applicable federal and state laws, including, but not limited to, the Fair Credit Reporting Act and the Telephone Consumer Protection Act. It’s a violation of both federal and state law to transmit an unsolicited advertisement to a facsimile machine. Any person violating such laws may be subject to civil and criminal penalties which may exceed $500 for each transmission of an unsolicited facsimile. SK&A provides its business lists for lawful purposes only and expressly forbids the use of its business lists in any unlawful manner. Any unlawful use of our lists by you will be grounds for immediate termination by us of any agreements or arrangements regarding the use of our lists. In addition, you will be required to indemnify us from and against any claims arising out of your use of the lists and your violation of any laws or regulations applicable to the lists or the use thereof.
General Exclusion of Liability
Other than as set forth above, SK&A makes no other warranties, express of implied, of merchantability, fitness for a particular purpose, or otherwise. In no event shall SK&A be liable for lost profits, or any direct, indirect, incidental, special or consequential damages, whether foreseeable or unforeseeable. In no event shall our liability exceed the invoice cost of lists or the invoice cost of our mailing services.