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TERMS OF USE

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 atwww.dmwdata.com

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.