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Home My WebLink About186887 06/23/2010 CITY OF CARMEL, INDIANA VENDOR: 364289 Page 1 of 1 0 ONE CIVIC SQUARE INFO USA MARKETING, INC CHECK AMOUNT: $1,155.00 CARMEL, INDIANA 46032 GOVERNMENT MARKETING PO BOX 3603 CHECK NUMBER: 186887 OMAHA NE 68103 -0603 CHECK DATE: 6/23/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4355200 1,155.00 SUBSCRIPTIONS Mail Check to: -INFO USA MARKETING, INC GOVERNMENT MARKETING INVO P.O. BOX 3603 NUMBER DATE OMAHA NE 68103 -0603 402/537 -6757 10- 11- X033930 6/14/10 BRENNA SMEALL Dist: code: 23 Your Customer Representative: SOLD TO: 1103 -7660 SHIP TO: CARMEL FIRE DEPT ATTN: DENISE SNYDER 2 CIVIC SQUARE CARMEL IN 46032 PHONE NO. DATE SHIPPED SHIP VIA CUSTOMER P.O. NO. TERMS 317/571 -2600 6/14/10 SPECIAL SIGNED PA UPON RECEIPT MEDIA SEGMENT PRODUCT OFFICE CODE CO. CODE SALES 11OUT i1UNIG ABDNPF, 00 11 163 DESCRIPTION AMOUNT" QTY DESCRIPTION 1 INFO USA PACKAGE 1,155.00 1 REF USA BUSINESS SUBSCRIPTION (NEW) 1 REF USA NEW BUSINESS SUBSCRIPTION (NEW) LICENSE AGREEMENT 6/14/2010 6/14/2011 SHIPPING AND HANDLING .00 TOTA-L- 1,155.00 AMOUNT RECEIVED .00 See Conditions of Sale On Reverse Side BALANCE 1,155.00 GENERAL TERMS AND CONDITIONS FOR USE OF infoUSA DATA In this agreement (the "Agreement the words "you" and "your" refer to the party utilizing the infoUSA Data and the term "infoUSA Data" refers to any data or services provided by infoUSA and /or its affiliated companies. LIMITED LICENSE: Upon your acceptance of this Agreement and full and proper payment of all amounts due to infoUSA, infoUSA grants you a personal, nontransferable and nonexclusive license to possess and use the infoUSA Data solely for your direct marketing and customer pros- pecting purposes in strict accordance with the terms of this Agreement for a maximum period of one (1) year, unless otherwise specified. Upon expiration or termination of this Agreement, you shall immediately discontinue your use of the infoUSA Data. YOUR RESPONSIBILITIES. Except to the extent specifically authorized in writing by infoUSA, you cannot share or sell the infoUSA Data and you are responsible to infoUSA for any use of it. You agree and warrant that: a) you will not provide access to any portion of the infoUSA Data to any unauthorized party without the prior written consent of infoUSA; b) you shall use your best efforts to prevent the misuse and unauthorized use of the infoUSA Data, c) you will not use any infoUSA Data for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any similar statute or regulation; c) you shall not name infoUSA or its affiliated companies or refer to the use of infoUSA Data in any advertise- ments, promotional or marketing material; and d) you shall indemnify and hold harmless infoUSA, its affiliated companies and their respective officers, employees and agents "Indemnified Parties against any loss, liability, damage, cost or expense (including, but not limited to, reason- able attorneys' fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the infoUSA Data or the breach of this Agreement. COMPLIANCE MONITORING AND ENFORCEMENT: It is an express condition of this Agreement that in using the infoUSA Data: a) you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy; b) you and any authorized users shall comply with all applicable Canadian Marketing Association "CMA guidelines and Direct Marketing Association "DMA guidelines, if you or your authorized users are CMA or DMA members. If you or your authorized users are not CMA or DMA members, you and your authorized users are encouraged to comply with all applicable CMA and DMA guidelines; and c) that you and any authorized users shall comply with the Canadian Radio- Television Telecommunications Commission's regulations regarding the use of Automatic Dialing- Announcing Devices and Conditions for Unsolicited Live Voice and Facsimile Calls for the Purpose of Solicitation as amended from time to time. infoUSA further reserves the right to review materials to be used by you in promotions to ensure that your use of the infoUSA Data is both appropriate and in accordance with the permitted uses of the infoUSA Data; however, infoUSA's failure to review any such materials shall not constitute infoUSA's acceptance of the materials or in any other way waive any rights infoUSA may have or limit any obligations you may have with regard to the use of the infoUSA Data. infoUSA may also randomly monitor (through seeding and other means) your use of the infoUSA Data to ensure that your use is in accordance with the permitted uses of the infoUSA Data. EXCLUSIVE LIMITED WARRANTY AND LIMITATION OF LIABILITY: ALL INFOUSA DATA IS PROVIDED ON A STRICTLY "AS IS" BASIS. INFOUSA DOES NOTASSURE OR WARRANT THE CORRECTNESS. COMPREHENSIVENESS OR COMPLETENESS OF THE INFOUSA DATA AND EXCEPTAS EXPLICITLY PROVIDED FOR BELOW, INFOUSA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABIL- ITY, NON INFRINGEMENT, AND /OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY ANDALL SUCH WARRANTIES, INFOUSA OFFERS TO YOU THE FOLLOWING LIMITED WARRANTY. YOU SHALL HAVE 14 DAYS AFTER RECEIPT OF THE INFOUSA DATA, TO INSPECT IT AND NOTIFY INFOUSA OFANY PROBLEMS OR MISTAKES. IF INFOUSA HAS MADE A MATERIAL MISTAKE, THEN INFOUSA WILL CORRECT THE MISTAKE AT NO ADDITIONAL CHARGE. IF YOU DON'T NOTIFY INFOUSA OF ANY PROBLEMS OR MISTAKES WITHIN THE 14 DAY PERIOD INFOUSA SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU, YOU EXPRESSLY AGREE THAT INFOUSA SHALL NOT BE LIABLE FOR LOSSES, DAMAGES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND /OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY THE USE OF THE INFOUSA DATA WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THE ORYAND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE OR SHOULD THIS LIMITED WARRANTY FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL INFOUSA'S ENTIRE LIABILITY EXCEED THE TOTALAMOUNT YOU PAID TO INFOUSA UNDER THIS AGREEMENT. GENERAL: (a)This Agreement shall be governed and construed by the laws of the State of Nebraska, without regard to any conflicts of law principles. Addi- tionally, any action relating to any provision of this Agreement or your use of the infoUSA Data shall be brought within the jurisdiction of the courts VOUCHER NO. WARRANT NO. ALLOWED 20 Info USA Marketing, Inc. Government Marketing IN SUM OF P.O. Box 3603 Omaha, NE 68103 $1,155.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #ITITLE AMOUNT Board Members 1120 10 -11- 033930 43- 552.00 $1,155.00 1 hereby certify that the attached invoice(s) or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except JUN 21 2010 1 1) 4 I Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 10 -11- 033930 $1,155.00 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Clerk- Treasurer