Service Agreement Terms and Conditions
This website is operated by Focus Custom Sourcing Solutions, Corp. (“Focus”) a Corporation duly organized and operated in the Commonwealth of Massachusetts located at 110 Haverhill Rd., Amesbury, Massachusetts. This Service Agreement constitutes a legal and binding agreement between Focus and any person or entity that uses this portal or obtains data from it (“Purchaser”). This agreement shall supplement and amend any other agreement(s) by and between Purchaser and Focus, which may exist as a result of Purchaser’s use of this portal or as a result of any other services provided by Focus to Purchaser and any person or entity that access data and/or obtains, and/or utilizes any contact information (including but not limited to telephone numbers) or other data or information by use of this portal. Whereas Focus, may provide, at the request of Purchaser, by use of this portal, certain contact information for use by Purchaser, for the purpose of recruiting potential employees, in a commercial context (the “Service”). Said data is to be used exclusively for the purpose of recruiting potential employees, in a commercial context. Purchaser agrees that it shall not transfer, sell, resell or otherwise provide any information obtained through the use of the Service to any person or entity other than the person or entity who/which is authorized to use this Service by Focus. Purchaser acknowledges and agrees that it shall not use any data obtained from Focus through the use of the Service for any Consumer related transactions or solicitations. Please be advised that any and all telephone contact information (including all telephone numbers) provided by Focus, to Purchaser or any user(s) of this Service are NOT warrantied or represented to be compliant with TELEPHONE CONSUMER PROTECTION ACT (TCPA) regulations for use with Auto-Dialer, Prerecorded Messaging, or calls/text messaging to Cellular Phones. PURCHASER IS SOLEY RESPONSIBLE FOR COMPLIANCE WITH ALL FEDERAL AND STATE LAWS INCLUDING BUT NOT LIMITED TO THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) REGULATIONS, STATE AND FEDERAL DO-NOT-CALL REGISTRY REGULATIONS, AND DO-NOT-EMAIL/CANSPAM REGULATIONS. PURCHASER ASSUMES THE ENTIRE RISK THAT SOME TELEPHONE NUMBERS PROVIDED BY FOCUS TO PURCHASER MAY BE REGISTERED WITH A STATE OR FEDERAL DO-NOT-CALL REGISTRY. PURCHASER AND ANY END USER SHALL VERIFY ALL TELEPHONE NUMBERS AGAINST SUCH REGISTRY(S) PRIOR TO USING AND DATA PROVIDED TO PURCHASER. PURCHASER SHALL BEAR ANY AND ALL LIABILITY FOR VIOLATIONS UNDER STATE AND FEDERAL TELEPHONE CONSUMER PROTECTION ACT (TCPA) REGULATIONS DO-NOT-CALL REGULATIONS, AND DO-NOT-EMAIL/CAN-SPAM REGULATIONS AND SHALL INDEMNIFY AND HOLD FOCUS HARMLESS FOR ANY VIOLATIONS OF THIS AGREEMENT OR ANY IMPROPER USE OF THE DATA OR VIOLATIONS OF ANY FEDERAL OR STATE REGULATIONS WHICH HAVE OCCURRED AS A RESULT OF THE USE OF THE DATA.
Purchaser represents and warrants to Focus that Purchaser will not: (i) violate any federal, state, local or foreign law or regulation including, but not limited to, the Federal Telephone Consumer Protection Act (TCPA) and The CAN SPAM Act of 2003; (ii) infringe upon or misappropriate any copyright, trademark, patent, trade secret or other intellectual property right or other right, including any individual privacy right of any person or consumer; (iii) make any representation to any third party that any data used by Purchaser was obtained from Focus Custom Sourcing Solutions, Corp.. Purchaser agrees to indemnify, defend (including immediate reimbursement of attorneys’ fees) and hold harmless Focus Custom Sourcing Solutions, Corp., its officers, directors, employees and agents, from and against any claims, actions or demands arising from or related to the breach of the warranties in this paragraph or other breach of this Agreement.
Focus Custom Sourcing Solutions, Corp. has disclosed to Purchaser that the data provided under the terms of this Agreement, may contain telephone numbers from consumers registered with state and/or federal DO-NOT-Call Registries restricting the use of Auto Dialer technology, Pre-Recorded messaging, and calls or SMS text messaging to cellular phones without the express written consent of the consumer allowing contact by telephone.
Purchaser agrees that the Data provided to Purchaser by Focus is provided AS-IS, without any express or implied warranties from Focus Custom Sourcing Solutions, Corp., and with the aforementioned understanding that the Data provided was NOT obtained under procedures intended to comply with the current requirements of the TELEPHONE CONSUMER PROTECTION ACT (TCPA) regulations.
Purchaser understands that calling consumers based upon the contact information contained in the Data provided, through the use of Auto-Dialer technology of any kind, Prerecorded Messaging, or calls/text messaging to Cellular Phones, are at Purchaser’s sole risk. Purchaser assumes any and all liability as a result of their violating the TCPA regulations, and other state and federal privacy laws. Purchaser agrees to indemnify Focus Custom Sourcing Solutions, Corp. against such liability resulting from Purchaser’s actions or inactions in violation of law as set forth in this Agreement.
Focus Custom Sourcing Solutions, Corp. is not an agent, joint venture, partner, representative, employee or affiliate of Purchaser. As such, the parties recognize that Focus Custom Sourcing Solutions, Corp. will not incur any liability as a result of purchaser’s actions or omissions. To the extent that Purchaser makes any claim against Focus for loss, expense or damage as a result of Focus’ actions or failure to take action relating to the Service, then to the fullest extent permitted by law, Focus Custom Sourcing Solutions, Corp.’s total liability to the Purchaser for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed any and all funds paid to Focus Custom Sourcing Solutions, Corp. pursuant to this agreement or $5,000.00, whichever is less. Such causes include, but are not limited to Focus Custom Sourcing Solutions, Corp.’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
Focus Custom Sourcing Solutions, Corp. is offering and selling its services per this arm’s length Agreement as an independent contractor. As such, the parties recognize that Focus Custom Sourcing Solutions, Corp. will not incur any liability as a result of Purchaser’s actions. Focus Custom Sourcing Solutions, Corp. shall not exercise control over Purchaser. Further, in no event shall Focus Custom Sourcing Solutions, Corp. or its officers, directors, employees and agents be liable, whether in contract, tort or otherwise, for any indirect incidental or consequential damages (including without limitation, lost sales or profit, lost data, or business interruption).
Non-disclosure. The parties agree that both terms and the nature of this Agreement, including without limitation the identity of the parties, shall remain confidential and shall not be disclosed to any third party under any circumstances unless required by a court of law.
The invalidity or unenforceability or any one or more of the particular provisions of this Agreement, none of which are known to the parties, shall not affect the enforceability of the other provisions herein.
This Agreement, nor any data obtained by Purchaser through the Service, may not be assigned by the Purchaser without the express written consent of Focus Custom Sourcing Solutions, Corp..
This Agreement is governed exclusively by Massachusetts law including Massachusetts choice of law principles applicable to contracts to be wholly performed in the Commonwealth of Massachusetts. Should any dispute arise from any performance obligations under this Agreement, the parties expressly agree that the dispute will be adjudicated exclusively in the Essex County Superior Court sitting in Massachusetts