MAILING LIST READ ME & TERMS OF SERVICE

Read First!

This email serves as a reminder that the lists are provided “as is”. It is your sole responsibility to verify the list is as requested. Below are the best things you can do to double-check the accuracy of the data you purchased, but are by no means a comprehensive list.

Verify the final Count Report meets the requested information.

• Verify the list quantity matches what was ordered.

• Verify the geography is in the area requested.

If there is something wrong with the list you received, please notify us within thirty days of placing the order (and before use) and we will replace the list at no charge.

FAQ:

Mk Analytical is NOT responsible for the accuracy of the delivered list.

What if I can’t tell for sure if the list delivered is the correct one? If you make sure the count report, quantity and geography are correct, 99.99% of the time everything is as requested. We’re trying to ensure that the list requested is reflected in the count report and the correct data was pulled with the order.

Do errors happen often? Not at all. In fact, it is so infrequent we did not include this Read Me file during our first few years in business. But the occasional error does happen and we wanted to make sure our customers know that they should check these lists over before mailing.

Why won’t Mk Analytical take responsibility for the list accuracy? All list companies/wholesalers have a similar “as is” list policy. The reason is because the risk/reward is not there for the list companies to be responsible for anything more than the cost of the list. It’s not in our interest to take on the liability of an entire mailing when the profit on the list is so small. Mk Analytical goes above and beyond by providing list expertise as well as the added value of running counts and orders to earn and retain our customers’ business, but we cannot also be responsible for the digital sending, printing/mailing and postage of a job with a list purchase.

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MK Analytical Terms and Conditions

1. Compliance with Laws

Information provided by MK Analytical LLC (“Information”) consists of, but is not limited to, direct mail data, telephones, emails, and data appends. The Buyer agrees to use the Information solely in compliance with any and all applicable Federal and State laws, rules, and regulations, including, but not limited to:

• The Telephone Consumer Protection Act (TCPA) as amended, including obtaining individualized consent from consumers for telemarketing calls and texts made using auto-dialing technology, where applicable.

• Consumers’ right to revoke consent by any reasonable method.

• Adherence to Do-Not-Call (DNC) Registry protections, which now explicitly cover telemarketing text messages.

• Laws concerning fax and email transmissions, direct marketing, and privacy, including the California Consumer Privacy Act (CCPA) and other similar state laws providing consumers rights of notice, transparency, access, or the ability to “opt-out” of the use of their Information.

The Buyer agrees to:

• Not imply or indicate to individuals that any specific Information is known about them except as required to comply with applicable laws.

• Avoid disclosure of the sources of the Information except where legally mandated.

Important: Non-compliance with these laws may result in civil and criminal penalties.

2. Restrictions on Use

The Buyer may rent Information for one-time use within one year from the rental date unless otherwise specified by MK Analytical LLC. Without prior written consent, the Buyer shall not:

A. Use the Information to generate statistical reports to be sold, rented, or otherwise shared.

B. Compare the Information with other databases for distribution or sale.

C. Use Information for credit, employment, insurance, or other purposes governed by the Fair Credit Reporting Act (FCRA).

D. Disclose Information outside of employees or agents for approved purposes unless the receiving party signs an agreement adhering to these terms.

E. Use the Information for any activities that violate applicable privacy or telemarketing laws, including telemarketing to numbers on the DNC Registry without proper consent.

F. Promote Prohibited Content (e.g., illicit activities, fraud, hate speech, etc.).

3. Telemarketing and Text Message Compliance

If the Buyer engages in telemarketing or text messaging:

• Ensure compliance with one-to-one consent requirements mandated by the TCPA. Consent must be obtained individually for each seller and purpose.

• Provide an effective opt-out mechanism in all communications, respecting consumers’ revocation of consent.

• Abide by all DNC protections for both calls and text messages.

Important: Telemarketing activities using auto-dialers without prior express written consent are strictly prohibited.

4. Email Marketing Compliance

The Buyer agrees to the following email-related requirements:

• Suppression File: Email campaigns must be scrubbed against the End User’s opt-out list (“Pander File”) before deployment, as required by the CAN-SPAM Act.

• Content Compliance: Campaign emails must not include Prohibited Content, viruses, deceptive language, or infringe on third-party rights.

• Opt-Out Mechanism: Emails must provide an unsubscribe link or valid reply email for opt-outs, valid for 30 days post-campaign.

Failure to honor opt-out requests promptly may result in immediate termination of this Agreement.

5. Data Accuracy and Disclaimer

MK Analytical LLC provides Information “as is” without any guarantees of accuracy or fitness for a specific purpose. The Buyer assumes full responsibility for ensuring compliance with all legal requirements and for the content of their marketing materials.

6. Remedies for Breach

In case of a breach of sections concerning data use or marketing compliance, MK Analytical LLC may seek injunctive relief in addition to other remedies. The Buyer agrees to indemnify MK Analytical LLC for any losses incurred due to non-compliance with these terms.

By signing below, the Buyer acknowledges and agrees to these terms and conditions, including updates reflecting the

2025 TCPA amendments and each year after. You must keep up with all rules and regulations.

Links below for viewing:

GDPR (General Data Protection Regulation): GDPR Guide
National DNC Registry: Do Not Call Registry

MK Analytical LLC

Email: [email protected]

FOR SUPPORT ISSUES OR QUESTIONS

EMAIL List Broker: [email protected]

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