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Please read the Terms
of Use carefully.
This Web Site (hereinafter referred to as “Site”) is
owned and operated by DMWData, LLC. (hereinafter
referred to as "DMWData”). Your access to this Site and
your use of the information and services provided herein is conditional
upon your acceptance and compliance with the terms, conditions,
notices and disclaimers contained in this document and elsewhere
on this Site (known collectively as the "Terms of Use").
Your use of and/or access to this Site and the information contained
herein, constitute your Agreement to the Terms of Use. DMWData reserves
the right to amend the Terms of Use at any time. We suggest that
since you are bound by the Terms of Use, you periodically refer
to them in this document and elsewhere on the Site. If you do not
agree with the Terms of Use, do not use this Site. If at any time
you have any questions or doubts as to whether your use may contravene
the Terms of Use, please contact the staff of DMWData before engaging
in such activities.
Privacy Statement. DMWData has an extensive Privacy
Policy published on its Site at privacypolicy.html, the terms of
which are incorporated into this document by this reference.
Rights of Users and Non-Users of DMWData Direct Marketing
Warehouse Services. DMWData values both users of its services
and those web site visitors who have not yet become users. However,
our Privacy Policy sets forth specific rights and responsibilities
for DMWData and its users. Therefore it is very important for you
to read both the Terms of Use and our Privacy Policy carefully to
understand the rights and responsibilities of all parties. DMWData
reserves the right to contact our users via an administrative email
regarding changes to our products and services that affect our partners
and users, to ensure continuing operation of our Site. We reserve
the right to send these messages whenever an important update to
our existing products and services or a new product, feature or
functionality becomes available. If you have any questions about
this policy, please visit us at http://www.dmwdata.com/contactinformation.html
Rights of Network Partners. DMWData collects email
address and other customer information at our Site. www.dmwdata.com.
DMWData's partners are contractually obligated under DMWData Network
Agreement ("Network Agreement") to abide by the permission
status of users who have elected to participate in our services.
Failure to adhere to the consumer's stated permission preference
constitutes a material breach of our services Agreement, and DMWData
reserves the right to suspend or terminate service to any customer
to be violating its users' stated permission preferences.
Restrictions on Use. You shall use the Site for
lawful purposes only. You shall not post or transmit through the
Site any material that (i) violates or infringes in any way upon
the rights of others, (ii) is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, or (iii) encourages conduct that would
constitute a criminal offense, gives rise to civil liability or
otherwise violates any law. You shall not: (i) post or transmit
through the Site any material that contains advertising or any solicitation
with respect to products or services without DMWData's express prior
approval, or (ii) use the Site to advertise or perform any commercial
solicitation, including, without limitation, the solicitation of
users to become subscribers of other on-line services. Misuse of
this Site, including the perpetration of identity theft, will result
in prosecution to the maximum extent permitted under state, Federal
and international law. You are prohibited from using the Site to
facilitate mail abuse, including multiple attempts to change an
existing email address. DMWData reserves the right to refuse service
to users, and any conduct by you that in DMWData's discretion restricts
or inhibits any other user from using or enjoying the Site and/or
service will not be permitted.
Intellectual Property and Copyright Infringement Notice.
This Site is controlled and operated by DMWData , LLC, P.O. Box 1053, East Hampstead, New Hampshire 03826,
(603) 974-1290, DMWData Contact Information. All materials on this
Site including, but not limited to, images, text, illustrations,
audio, video files and the selection, coordination and arrangement
of such materials (collectively "Intellectual Property"),
are protected by copyrights, trademarks, service marks, or other
proprietary rights which are either owned by DMWData or owned by
other parties who have licensed their intellectual property to DMWData
Direct. DMWData, and all other derivations of the "DMWData
" mark appearing on this Site are
trademarks and/or service marks of DMWData
LLC, and all other trademarks, service marks, and trade names used
on the Site are the property of their respective owners. DMWData
authorizes you to download one temporary copy of parts or all of
the Intellectual Property to a single computer for purposes of viewing
and browsing the Intellectual Property, except where otherwise specified.
Except as expressly authorized herein, material from this Site and
from any other web site owned, operated, controlled, or licensed
by DMWData may not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way. Use or modification
of DMWData's intellectual property in any form, including but not
limited to use on any other web site or networked computer environment,
without express written authorization is a violation of DMWData's
copyrights and other proprietary rights and is strictly prohibited.
Linking Web Sites. LINKS IN THIS SITE MAY LET THE
USER LEAVE DMWData'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL
OF DMWData, AND DMWData IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE
ON ANY OTHER INTERNET SITES LINKED TO THE SITE. DMWData IS PROVIDING
THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND
ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT
THE USER'S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A
RECOMMENDATION OR ENDORSEMENT BY DMWData OF THE LINKED SITE.
Limitation of Liability and Disclaimer of Warranties.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE.
DMWData, ITS CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS ARE NOT RESPONSIBLE
FOR ANY LOSS, DAMAGE OR COST (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL
AND PUNITIVE DAMAGES) WHICH YOU INCUR DUE TO YOUR USE, OR INABILITY
TO USE, THE SERVICE. IF YOU LIVE IN A STATE THE LAWS OF WHICH PREVENT
YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SERVICE, DMWData'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
ALLOWED BY LAW. IN NO EVENT SHALL DMWData 'S LIABILITY EXCEED THE
AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON CAUSED BY OUR
NEGLIGENCE. DMWData MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE),
REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE OR ANY THIRD
PARTY MATERIAL ADVERTISED, PROMOTED, OR MADE AVAILABLE THROUGH THE
SERVICE.
FURTHERMORE, THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS - WE DO NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
DMWData DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
MATERIALS, GOODS, OR SERVICES ADVERTISED EITHER BY DMWData'S ADVERTISING
PARTNERS OR PROMOTED IN CONJUNCTION WITH DMWData'S PROGRAMS. YOU
AGREE THAT NEITHER DMWData, NOR ITS AFFILIATED OR RELATED ENTITIES,
OR ITS CONTENT PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY
LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE),
INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS
PROVIDED ON THIS SITE.
Indemnification. You agree to indemnify DMWData
and its officers, directors, employees, agents, distributors and
affiliates from and against any and all third party claims, demands,
liabilities, costs, or expenses, including reasonable attorney's
fees, resulting from your breach of any of the provisions of the
Terms of Use.
Minors. DMWData does not knowingly collect information from children
under the age of 13. DMWData requires users of this Site to be at
least 13 years of age.
Jurisdiction. This Site is controlled and/or operated
by DMWData from its offices within the State of New Hampshire, United
States of America. DMWData makes no representation that materials
in this Site are appropriate or available for use in other locations
outside the United States. Unless otherwise expressly stated, advertising
and related materials made available through this Site, or through
any Site displaying the authorized DMWData logo, or otherwise linked
to this Site are intended only for presentation within the United
States, its territories and protectorates. Those who choose to access
this Site from other locations do so on their own initiative and
without warranty or recourse except as provided for by United States
law.
Choice of Law. This agreement shall be governed
by, construed and enforced in accordance with the laws of the State
of New Hampshire, without regard to its conflicts of law principles.
Any action brought to enforce this agreement or, in connection with,
any matters related to this Site, shall be brought only in either
the state or Federal courts located in New Hampshire, and you expressly
consent to the jurisdiction and venue of said courts. This agreement
shall not be governed by the UN Convention on Contracts for the
International Sale of Goods, the application of which is hereby
excluded. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
Assignment and Succession. You may not grant, devise,
or otherwise assign any rights or benefits under this agreement
to any other party. Notwithstanding any other provision of this
agreement, DMWData, its successors and assigns may fully enforce
any term or provision of this agreement, and all rights and benefits
shall inure to such successors and assigns, with or without prior
notice.
Complete Integration. This document, including
the documents referenced by and incorporated into this document,
form the complete agreement between you and DMWData. Any other statements,
trade practices, or conduct engaged in by either party shall not
alter or modify this agreement; the words contained in this document
control the entire meaning of this agreement. Any decision not to
enforce a particular provision of this agreement does not waive
the right to enforce it at any other time and DMWData will not waive
the right to enforce any provision of this agreement except in writing.
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