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.
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