This Telephone Data Lists Agreement (“Agreement”) is entered into by and between AWE LLC, doing business as BuyPhoneLists.com (“AWE LLC”, “BuyPhoneLists.com”, “we”, “our”, or “us”), and you, including any organization, principal, employee, contractor, affiliate, agent, or third party on whose behalf you obtain or use the lists (collectively “you”, “your”, “buyer”, or “user”).

THIS IS A LEGALLY BINDING CONTRACT.

BY PURCHASING, DOWNLOADING, ACCESSING, OR USING ANY LISTS OR DATA FROM BUYPHONELISTS.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

You agree to these terms by any of the following:

  • Making any purchase or use of the lists;

  • Clicking to accept electronically through any platform;

  • Signing physically or electronically;

  • Emailing acceptance or otherwise acknowledging agreement.

1. LICENSE

All lists, data, content, and intellectual property remain the sole and exclusive property of AWE LLC. Upon purchase, you are granted a limited, revocable, non-exclusive, non-transferable license to use the lists solely for your internal business purposes in compliance with applicable laws.

You may NOT:

  • Resell, redistribute, share, license, sublicense, publish, transfer, or otherwise make the lists available to any third party;

  • Use the lists for any unlawful purpose;

  • Use the lists in violation of any federal, state, local, or international laws.

You may only share the lists with:

  1. Compliance / scrubbing vendors that you engage for legal compliance purposes;

  2. Regulatory authorities pursuant to lawful subpoena or court/government order.

Any unauthorized sharing voids your license immediately.

2. TYPES OF DATA & NO GUARANTEE OF ACCURACY

You understand and agree:

  • Data may contain inaccuracies.

  • Data changes daily (disconnects, reassigned numbers, moves, DNC updates, carrier changes, landline ↔ mobile conversions, etc.).

  • We do not guarantee accuracy, completeness, timeliness, or fitness for any particular purpose.

YOU ACCEPT THE DATA “AS-IS, WHERE-IS, AND WITH ALL FAULTS.”

Your sole remedy for dissatisfaction is discontinuation of use.

If, despite this disclaimer, any damages are awarded, the maximum liability of AWE LLC shall not exceed the total amount you paid for the most recent list purchase.

3. RETURN / REFUND POLICY

Because lists are digital downloadable files:

  • All sales are final.

  • No refunds or credits will be issued once files are delivered, accessed, or downloaded.

You may request sample data before purchase to evaluate suitability.

4. DUPLICATES

We attempt to remove duplicate records when possible; however, we do not guarantee zero duplicates. You accept this risk.

5. DO NOT CALL, WIRELESS & TELEMARKETING COMPLIANCE

Lists are NOT pre-scrubbed for:

  • Federal DNC

  • State DNC

  • Wireless numbers

  • VoIP

  • Reassigned numbers

  • Any other compliance filtering

You are 100% responsible for:

  • Registering with applicable federal/state regulators;

  • Obtaining required subscription account numbers;

  • Scrubbing against applicable databases;

  • Ensuring your use complies with law fully.

If you are not legally permitted to call or text certain numbers, do not do so.

AWE LLC assumes no responsibility for your compliance.

6. TEXTING / SMS

If you send SMS/MMS messages, you must comply with:

  • Telephone Consumer Protection Act (TCPA)

  • FCC Rules

  • CTIA Guidelines

  • Federal and State privacy / marketing laws

These lists are NOT opt-in lists. No express consent is provided.

7. NOT OPT-IN DATA

You acknowledge:

  • Individuals and businesses on these lists have not provided consent for calls, texts, emails, or faxes.

  • You are solely responsible for ensuring legal permissible use.

8. YOUR RESPONSIBILITIES

You agree:

  • To comply with all applicable Federal, State, Provincial, and local laws at all times;

  • To obtain legal counsel before using the data if required;

  • To maintain backups and cybersecurity controls on your own systems.

Laws include but are not limited to:

  • U.S. TCPA

  • TSR

  • FCC rules

  • DNC laws

  • Gramm-Leach-Bliley Act

  • FCRA (if ever applicable)

  • Provincial / Canadian telemarketing regulations

  • Any relevant privacy/consumer protection laws

9. NO LEGAL ADVICE

We are a data provider only. We do not provide legal advice and assume no duty to update you on changing law.

10. INDEMNIFICATION

You agree to fully defend, indemnify, and hold harmless AWE LLC and its officers, owners, directors, employees, contractors, affiliates, agents, and suppliers from any and all claims, suits, government actions, liabilities, penalties, fines, damages, losses, expenses, and attorney’s fees arising from:

  • Your use or misuse of data;

  • Your failure to comply with applicable laws;

  • Your breach of this Agreement.

This obligation survives termination.

11. WARRANTY DISCLAIMER

ALL DATA AND SERVICES ARE PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability

  • Fitness for a particular purpose

  • Accuracy

  • Reliability

  • Non-infringement

  • Compliance suitability

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  • AWE LLC shall not be liable for indirect, incidental, consequential, punitive, statutory, or special damages, including but not limited to lost profits, lost business, penalties, regulatory fines, or reputational damages.

  • Total liability shall not exceed the purchase price you paid for the last list.

This limitation applies regardless of legal theory.

13. GOVERNING LAW

This Agreement is governed by the laws of the State of Arizona, without regard to conflicts rules.

14. MANDATORY ARBITRATION

Any dispute arising under or relating to this Agreement shall be resolved exclusively by binding arbitration in Maricopa County, Arizona, under the rules of the American Arbitration Association.

Each party bears its own legal costs.

15. CLASS ACTION WAIVER

You waive any right to participate in any class action, class arbitration, or collective proceeding.

16. JURY TRIAL WAIVER

You knowingly and voluntarily waive any right to a jury trial.

17. SEVERABILITY

If any provision is found unenforceable, the remainder remains in effect.

18. ENTIRE AGREEMENT

This is the complete and exclusive Agreement. It supersedes all previous agreements, communications, or understandings.

19. SURVIVAL

Sections involving indemnity, limitation of liability, governing law, arbitration, class waiver, and disclaimers survive termination.