Terms Of Use

 
Direct Mail Plus, LLC. - Terms of Use Agreement

Use: This Agreement describes visitors’ responsibilities and limits our liability, among other things. We request that users read it carefully before submitting a registration form (request/accept access) or using the Direct Mail Plus, LLC. DMP Connect! web site. The Terms of Use Agreement requires a user’s acceptance by selecting a checkbox during registration or entering their email address and password via the sign in dialog box. 

  • ACCEPTANCE OF TERMS
    Direct Mail Plus, LLC. makes available to you on this Web site (the "Site") information, documents, images, software and products (collectively, "Materials") and various services operated by Direct Mail Plus, LLC. (collectively, "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Materials or Services, you agree to the Terms of Use. Direct Mail Plus, LLC. reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, or entering Members-only sections of the Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site. This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions.

     
  • USE OF THE SITE
    • Acceptable Use Policy. You are solely responsible for any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information you submit to Direct Mail Plus, LLC. through the Site. You may only submit to the Site content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. Violation of these restrictions may result termination of your access to this Site. In addition, You agree to not use the Site to:
    • upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
    • harm minors in any way.
    • impersonate any person or entity, including, but not limited to, a Direct Mail Plus, LLC. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
    • upload, post or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or in violation of nondisclosure agreements).
    • upload, post or otherwise transmit any content that violates any law or violates the personal, proprietary, or intellectual property rights or other rights of any third party.
    • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
    • upload, post or otherwise transmit any material that contains software viruses, worms, spyware, or any other computer code, files or programs designed to monitor, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    • interfere with or disrupt the Site or servers or networks connected to the Site, or violate any requirements, procedures, policies or regulations of networks connected to the Site.
    • "stalk" or otherwise harass another.
    • collect or store personal data about other users.
    • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites.
    • use your project hosting site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site.

    You also agree to not use the Site to engage in commercial activities without enrolling in Direct Mail Plus, LLC.-approved affiliate programs. This includes, but is not limited to, the following activities:

    • offering for sale any products or services.
    • soliciting for advertisers or sponsors.
    • conducting raffles or contests.
    • displaying a sponsorship banner of any kind.
    • displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
    • Unsolicited Information. Direct Mail Plus, LLC. does not want to receive unsolicited information from you through the Site for the purpose of communicating to Direct Mail Plus, LLC. (the corporation) any ideas or other information, including, but not limited to product or service suggestions or enhancements, product or service names, advertising campaigns or marketing plans, technology or material, business methods, or any similar information. Direct Mail Plus, LLC. maintains this policy to prevent misunderstandings or disputes in the event it develops products or services that may seem similar to an unsolicited proposal. Any non-personal unsolicited information or material sent to Direct Mail Plus, LLC. will be deemed NOT confidential, and by sending such unsolicited information you hereby grant Direct Mail Plus, LLC. an unrestricted, worldwide, royalty-free, perpetual and irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Direct Mail Plus, LLC. is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. Personal information, such as names, addresses, telephone numbers, etc., will remain subject to Direct Mail Plus, LLC.'s Internet Privacy Policy Statement.
    • Use of Materials and Services. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the Materials available on this Site, and utilize the Services, subject to the following conditions:
    • The Terms of Use, any additional terms or end user license agreements that accompany or are included with such Materials, or that are set out below, govern use of the Materials and Services.
    • Certain portions of the Site are only available to individuals or entities who have become registered members of this Site as described in these Terms of Use ("Members"). To access these portions of the Site You must register as described in Section 3 hereunder.
    • The Materials may be used solely for personal, informational, and internal purposes.
    • Except as expressly permitted, the Materials may not be modified or altered in any way.
    • Except as expressly permitted, no portion of the Materials may be reproduced in any form or by any means without the prior written permission of Direct Mail Plus, LLC..
    • Except as expressly permitted, the Materials may not be distributed, electronically or otherwise. Members may distribute Materials to Member's employees, and only to Member’s employees, so long as all copyright, trademark, and other proprietary rights notices are included on those copies.
    • Except as expressly permitted, you may not store or aggregate any Materials.
    • You may not remove any copyright, trademark or other proprietary notices contained in Materials.
    • Direct Mail Plus, LLC. reserves the right to revoke the authorization to view, download, and print Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Direct Mail Plus, LLC..
    • The rights granted to you constitute a limited license and not a transfer of title or of any other right or interest in the Services or Materials.
    • You will not be able to download or install any software and accompanying documentation (together, the "Software") that is accompanied by or includes an end-user license agreement unless you agree to and consent to be bound by the terms of such end-user license agreement. If you do not agree to and consent to be bound by such terms, do not download or use the Software.
    • You may not alter, reverse engineer, translate, disassemble, decompile, or otherwise attempt to derive source code to the Materials in whole or in part or otherwise reduce the software portion of Materials to any human perceivable form or alter any files included with copies of the Materials delivered hereunder or create any derivative work. Nothing contained in this Terms of Use shall be interpreted so as to exclude or prejudice the rights (if any) of any end user expressly permitted to decompile under applicable law if it is essential to do so in order to achieve interoperability of the Materials with another software program, and you have first requested Direct Mail Plus, LLC. to provide the information necessary to achieve such operability and Direct Mail Plus, LLC. has not made such information available within a reasonable period of time. Direct Mail Plus, LLC. has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Direct Mail Plus, LLC. or obtained by you, as permitted hereunder, may not be disclosed to any third party or used to create any software or files that are substantially similar to the Materials. Requests for information should be directed to addresses listed on the support page.
    • The rights specified above to view, download, and print the Materials available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections Direct Mail Plus, LLC. puts in place to restrict access to certain parts of the Site.
    • You shall use the Site only for the direct benefit of your internal business operations.

     

  • REGISTRATION AND MEMBER INFORMATION
    • Registration. The Services or Materials available to Members may include services provided by Direct Mail Plus, LLC. and by third parties ("Associates"). To become a Member of the Site you must submit a complete Site registration form or obtain a valid sign in (log in) from Direct Mail Plus, LLC. By submitting a registration form, or using the sign in criteria via Direct Mail Plus, LLC. you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a Member, or (iii) that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate. As a Member, you agree to update your registration information to ensure that it continues to be current, complete, and accurate. Direct Mail Plus, LLC. reserves the right to accept or reject Member registrations for the Site. Direct Mail Plus, LLC. may also display entity names as part of the registration process to facilitate an individual registrant affiliation with the correct entity. You consent to such use. Upon acceptance of Member's registration form, Direct Mail Plus, LLC. shall provide Member a password. Upon Member's receipt of that password, Direct Mail Plus, LLC. authorizes Member to access and use the Site subject to the Terms of Use.
    • Use and Protection of Password or Site authentication. You are responsible for maintaining the confidentiality of your password. Strong passwords are encouraged. A strong password is one with upper and lower case letters and numbers. You are responsible for all uses of your account, whether or not authorized by you. If there is a breach of the confidentiality of a password or access authentication, or any breach of security through Member's account, then Member shall notify Direct Mail Plus, LLC. immediately using the contact us or support page.
    • Consent to Aggregate Use of Member Information. In order to make various features and functions of Services and Materials available to Members, Direct Mail Plus, LLC. may collect information about Member and Member's use of the Site, including information identified in Direct Mail Plus, LLC.'s Internet Privacy Policy Statement ("Member Information"). All Member Information is subject to Direct Mail Plus, LLC.'s Internet Privacy Policy Statement. Member acknowledges and agrees that Direct Mail Plus, LLC.'s collection and use of Member Information as set forth in the Privacy Policy Statement, and Direct Mail Plus, LLC.'s operation and provision of the Site, as contemplated under this Terms of Use, is not a breach of Member's right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. Member hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as Member Information is collected, stored, and used in accordance with Direct Mail Plus, LLC.'s Internet Privacy Policy Statement or in the case of Members making use of Materials or Services provided by Direct Mail Plus, LLC. Associates, the privacy policy of such Associate.

     

  • RELIABILITY OF MATERIALS AND SERVICES
    Member understands and acknowledges that Direct Mail Plus, LLC. may not control all of the posting or content of Materials, nor will it verify the timeliness or content of those Materials. Direct Mail Plus, LLC. expressly disclaims any responsibility or liability for any third-party Materials or Services, or any third-party information or services available through a link from the Site. Direct Mail Plus, LLC. may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for Member Content. Direct Mail Plus, LLC. shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.

     
  • MEMBER CONTENT
    • Member Obligations and Warranties. Certain Services offered on the Site accommodate or require submission or placement of information, materials, or documents by Members ("Member Content"). By submitting Member Content, you incur the following obligations and make the following warranties to Direct Mail Plus, LLC.:
    • Member shall obtain all licenses to, or releases of intellectual or proprietary rights in or to the Member Content before delivery to the Site.
    • Member warrants that Member Content will not contain viruses or other contaminating or destructive features, nor violate the Acceptable Use Policy set forth herein.
    • License for Member Content. By submitting Member Content to the Site, you grant Direct Mail Plus, LLC. the following licenses:
    • For Member Content including, but not limited to, documents, files, images or other material stored on the Site, you hereby grant Direct Mail Plus, LLC. a worldwide, royalty-free, non-exclusive license to reproduce and modify, for purposes of formatting, maintenance, or Site administration only, such Member Content. This license will remain in effect until such Member Content is removed from the Site.
    • For Member Content such as comments to the Direct Mail Plus, LLC. user forums, bug reports, piracy reports, or product suggestions, you grant Direct Mail Plus, LLC. an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such Member Content, and you also agree that Direct Mail Plus, LLC. is free to use any ideas, concepts, know-how, or techniques that you submit to the Site for any purpose other than storage in the project workspace area. By virtue of these licenses, Direct Mail Plus, LLC. only obtains the rights set out in the license grants and does not obtain any additional right, title, or interest to any copyright, patent, trademark, or other intellectual property right in or to the Member Content. Except to the extent your name or identity is disclosed by or through the configuration of your Internet browser or e-mail software or other systems used during any submissions to or participation in user groups, user forums, chat rooms, or similar services, Direct Mail Plus, LLC. will not release your name or otherwise publicize the fact that you submitted Member Content to the Site unless: (a) you grant Direct Mail Plus, LLC. permission to do so; (b) the Member Content itself discloses your name or identity; (c) Direct Mail Plus, LLC. first notifies you that the Member Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (d) the Member Content you submit has become the subject of a claim that, if true, would constitute a breach of your warranties set for herein; or (e) Direct Mail Plus, LLC. is required to do so by law.
    • Use of Member Content. By using the Site, you acknowledge that: (i) Direct Mail Plus, LLC. does not screen Member Content and does not guarantee the accuracy, integrity, or quality of Member Content; (ii) you will evaluate, and bear all risks associated with the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content; (iii) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will Direct Mail Plus, LLC. be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content.
    • Storage of Member Content. All Member Content submitted to Direct Mail Plus, LLC. and stored on any part of the Site shall be subject to the Terms of Use and the Privacy Policy. Members submitting Member Content from any place outside the United States acknowledge that such storage facilities may not comply with any laws, rules or regulations of the jurisdiction from which the Member transmits Member Content and, to the maximum extent permitted by law, Member waives any right or defense arising from such non-compliance.
    • Protection of Member Content. Direct Mail Plus, LLC. uses commercially reasonable standards and practices to backup Member Content. Notwithstanding the foregoing, Direct Mail Plus, LLC. makes no warranties or representations regarding its backup practices, and does not warrant that it will be able to restore lost data. Direct Mail Plus, LLC. recommends that Members perform regular backups and take other appropriate measures to copy and protect their own data that may be lost in the event of a catastrophe.
    • Right to Remove or Disable Access. If Direct Mail Plus, LLC. is made aware of Member Content that may be (i) libelous, obscene, violent, scandalous, defamatory, or that Direct Mail Plus, LLC. determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein, Direct Mail Plus, LLC. has the right, but not the obligation, to remove or disable access to that Member Content.
    • Confidentiality and Ownership. Direct Mail Plus, LLC. understands that Member Content placed in an area of the Site subject to password protection may contain information that a Member regards as confidential and proprietary. Although Direct Mail Plus, LLC. may have access to those areas for Site administration purposes, Direct Mail Plus, LLC. regards such information as the confidential information of Member. Direct Mail Plus, LLC. agrees that it shall treat all Member Content in such areas with the same degree of care as it accords to its own confidential information of a similar nature, but in no event less than reasonable care. Any and all confidential information placed by Member in an area of the Site subject to password protection shall remain the property of Member or its licensors, and Direct Mail Plus, LLC. does not acquire any ownership interest in Member Content or any patent, copyright, trademark or other intellectual property right by the presence of Member Content on the Site.

     

  • WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
    Members use of the Site for any reason is subject to these Terms of Use. To the maximum extent permitted by law, Member waives any and all rights it may have against Direct Mail Plus, LLC. arising out of any purchase, sale, or other transaction Member enters into with any third party through the Site. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND Direct Mail Plus, LLC., ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Direct Mail Plus, LLC. MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Direct Mail Plus, LLC. MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND Direct Mail Plus, LLC. MAKES NO COMMITMENT TO UPDATE MATERIALS OR SERVICES. Direct Mail Plus, LLC. ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF Direct Mail Plus, LLC.'s ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL Direct Mail Plus, LLC. OR ITS LICENSORS, ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Direct Mail Plus, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF Direct Mail Plus, LLC.'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Direct Mail Plus, LLC. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL Direct Mail Plus, LLC.'S LIABILITY UNDER THIS AGREEMENT EXCEED FIVE HUNDRED U.S. DOLLARS. MEMBERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT ARE A MATERIAL CONSIDERATION FOR Direct Mail Plus, LLC. ENTERING INTO THIS AGREEMENT. This Site can be accessed from other countries around the world and may contain references to Direct Mail Plus, LLC. products, services, and programs that have not been announced in your country. These references do not imply that Direct Mail Plus, LLC. intends to announce such products, services, or programs in your country.

     
  • TERM AND TERMINATION
    This Agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to Members, the date you receive a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, in the event that you have not become a Member, immediately upon your breach of any of the Terms of Use. Direct Mail Plus, LLC. may terminate this Agreement effective upon notice if you breach any of the Terms or Use that is not cured within ten (10) days after notice from Direct Mail Plus, LLC.. Direct Mail Plus, LLC. reserves the right to suspend access to and use of the Site pending cure of a Member's breach. [IS THE INTENT TO GIVE MEMBERS AN OPPORTUNITY TO CURE A BREACH, BUT NOT REGULAR USERS?] In addition, you or Direct Mail Plus, LLC. may terminate this Agreement, for any reason or for no reason, upon thirty (30) days notice to the other. Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, you shall cease to access or use Materials, Services, or any other information obtained through the Site. [DO YOU EXPECT ANY MATERIALS TO BE RETURNED UPON TERMINATION OF THIS AGREEMENT, WHETHER DUE TO BREACH OR FOR ANY OTHER REASON?] The limitations and disclaimers of warranties, the indemnity obligations, and the provisions regarding governing law, jurisdiction and venue, shall survive the termination of this Agreement.

     
  • INDEMNITY
    At Direct Mail Plus, LLC.'s option and request, Member shall, at its own expense, indemnify, defend, and hold Direct Mail Plus, LLC. and its parent, subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for Direct Mail Plus, LLC. to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without Direct Mail Plus, LLC.'s prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior written approval from Direct Mail Plus, LLC..

     
  • ENTIRE AGREEMENT
    This Terms of Use Agreement constitutes the entire agreement between you and Direct Mail Plus, LLC. with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and Direct Mail Plus, LLC.. This Agreement may be modified only by a signed agreement, or as follows: Direct Mail Plus, LLC. may modify this Agreement by posting new terms and conditions on the Site. If you continue to use the Materials, Services, or Site, then you will be deemed to have accepted the new terms and conditions.

     
  • GENERAL PROVISIONS
    • Waiver. Direct Mail Plus, LLC.'s delay or failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
    • Force Majeure. Direct Mail Plus, LLC. will not be liable in any amount for failure to perform any obligation under this Agreement if such failure results from a cause beyond the control of Direct Mail Plus, LLC. including, without limitation, outages of the Internet, delays due to Internet traffic, or connections thereto, communications or electrical outages, earthquake, fire, flood, war, or act of God; or any acts of terrorism or any acts of governmental bodies or authorities.

    Governing Law, Jurisdiction and Venue. Although the content and the physical hosting of this Site may reside outside Louisiana, this Site (excluding linked sites) is controlled and operated by Direct Mail Plus, LLC. from its offices within the State of Louisiana, United States of America. By accessing this Site, you and Direct Mail Plus, LLC. agree that the statutes and laws of the State of Louisiana, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and Direct Mail Plus, LLC. specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (“UCITA”) or any state implementation of the UCITA, the application of which is expressly excluded. No choice of law rules of any jurisdiction apply. You and Direct Mail Plus, LLC. agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the parish of Jefferson, or Harahan, Louisiana. Direct Mail Plus, LLC. makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that any Materials will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. Notice to U.S. Government End Users. Any software made available from this Site is a "Commercial Item" as that term is defined at 48 C.F.R. §12.101 or 48 C.F.R. §227.7202 or any amendments or updates thereto, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 or any amendments or updates thereto, as applicable, such software is being made available to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. Direct Mail Plus, LLC. 1431 Edwards Avenue Harahan, LA 70123.

     
  • LINKS TO OTHER INTERNET WEB SITES
    This Site may contain links to third-party web sites that are not under the control of Direct Mail Plus, LLC.. Direct Mail Plus, LLC. makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of Direct Mail Plus, LLC. Associates. When you access a non-Direct Mail Plus, LLC. Web site, you do so at your own risk and Direct Mail Plus, LLC. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. Direct Mail Plus, LLC. provides these links merely as a convenience and the inclusion of such links does not imply that Direct Mail Plus, LLC. endorses or accepts any responsibility for the content or uses of such Web sites.