Score My List - Service Agreement, Estimate Disclaimer and Release
Version 2026-10-15.1
SCORE MY LIST - SERVICE AGREEMENT, ESTIMATE DISCLAIMER AND RELEASE
Version 2026-10-15.1
This agreement is between you (the account holder and the business you represent, "Client") and MALA Group, Inc. (d/b/a MG Digital Direct), 622 Banyan Trail, Suite 614, Boca Raton, FL 33431 ("MG Digital"). By checking the box, typing your name and signing below you agree to every term in it.
1. WHAT YOU ARE BUYING. Client is paying for data processing: MG Digital will check the records in the file Client uploads against the property, address, demographic and vehicle data MG Digital holds or licenses, append the results, and attach a grade and an estimated-sales figure to each record. The deliverable is the processed file. Nothing else is promised.
2. ESTIMATES ONLY - NO GUARANTEE OF RESULTS. Every grade, score, estimated-sales rate, estimated-sales total, range, and append on the file is an ESTIMATE. It is MG Digital's best reading of the data available on the day of processing. It is not a prediction, promise, warranty or guarantee of any sale, response, call, lead, revenue, delivery, or outcome of any kind. Actual results depend on Client's offer, creative, pricing, timing, mail house, call handling and many things outside MG Digital's control. Client understands that mailing or marketing to the records on the file may produce NO sales at all, and that MG Digital is not responsible for any result, good or bad.
3. DATA MAY BE WRONG OR INCOMPLETE. Public records, address databases and demographic estimates contain errors and go out of date. MG Digital does not warrant that any record, address, owner, lender, age, race, vehicle, loan fact, deliverability flag or score is accurate, current or complete. The age and race columns are statistical estimates from names only, not facts about any person, and must not be used to make decisions about any individual or in any way that violates fair-lending, fair-housing, civil-rights, privacy or consumer-protection law.
4. CLIENT'S DATA AND CLIENT'S USE. Client warrants that it owns or has the legal right to upload and process every record it submits, including any sales or customer data, and that its use of the processed file will comply with all applicable law (including CAN-SPAM, TCPA, FCRA where applicable, state privacy laws and USPS rules). MG Digital does not sell, rent or share Client's uploaded files or sales data with anyone; MG Digital keeps them only to produce and support Client's deliverables and to improve the accuracy of Client's own future scores. Client is solely responsible for how it uses the processed file.
5. FEES, PAYMENT AND CARD PROCESSING. The price is computed from the number of records in the file and the appends actually performed, at the rates shown on the order page, plus the card-processing fee shown on the order page. Client authorizes MG Digital to charge the card on file for the total shown. The processed file is released only after payment clears.
6. ALL SALES FINAL - NO REFUNDS - NO CHARGEBACKS. Because the deliverable is custom data processing that cannot be returned, all fees are earned when processing is complete and are NON-REFUNDABLE once the file is available for download. Client agrees not to dispute, reverse or charge back any payment for a file that MG Digital made available for download, and agrees that this signed agreement, the order record and the download record are evidence of delivery and of Client's authorization of the charge. If a charge is reversed for any reason, Client agrees to pay the reversed amount plus any dispute fees and reasonable collection costs, and MG Digital may suspend Client's account.
7. LIMITATION OF LIABILITY. MG Digital's total liability to Client for any claim arising out of this service, whatever the legal theory, is limited to the amount Client paid for the order in question. MG Digital is not liable for lost profits, lost sales, lost opportunities, printing, postage, telephone, labor or any other indirect, incidental, consequential, special or punitive damages, even if advised they were possible. Some of these limits may not apply where the law does not allow them.
8. INDEMNITY. Client will defend, indemnify and hold MG Digital, its owners, employees and contractors harmless from any claim, fine, penalty, loss or expense (including attorney's fees) arising from Client's data, Client's marketing, or Client's use of the processed file.
9. SERVICE "AS IS". The service and every deliverable are provided "AS IS" and "AS AVAILABLE", with no express or implied warranties, including no warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. MG Digital may decline or cancel any order before processing and refund any amount already paid for it.
10. GENERAL. This agreement is governed by the laws of the State of Florida; any dispute will be brought only in the state or federal courts in Palm Beach County, Florida, and Client consents to that jurisdiction. If part of this agreement is unenforceable the rest stays in force. This is the entire agreement for the service; it can be changed only in a writing signed by MG Digital. An electronic signature on this page has the same effect as a handwritten one.
By checking the box, typing your full name and signing, you confirm that you are authorized to bind the Client, that you have read and understood this agreement, and that you accept it.