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This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, DirectMailUniversity.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
Acceptance of Agreement
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DMU, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the DirectMailUniversity.com Privacy Notice, do not use this Website or our Services.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Windsor County, Vermont and will be governed by and construed in accordance with the laws of the state of Indiana without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Direct Mail University grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Direct Mail University.
Our Intellectual Property
Our Website and Content is protected by copyright, trademark, patent, trade secret and other laws, and Direct Mail University owns and retains all rights in Direct Mail University’s Content, resources, materials, and processes. Direct Mail University’s copyrights, trademarks, patents and trade secrets may not be used without the prior written permission of Direct Mail University. All content available through the Direct Mail University Services are the proprietary property of Direct Mail University or its licensors. No content available through the Direct Mail University Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Direct Mail University’s prior written permission. All eligible users are granted a limited license to access and use Direct Mail University’s Services and to download or print a copy of information posted on the Direct Mail University website solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause.
Digital Millennium Copyright Act of 1998 (“DMCA”)
Direct Mail University’s policy is to respond promptly to claims of intellectual property misuse and to comply with the Digital Millennium Copyright Act OF 1998 (“DMCA”). If you believe that your work has been copied and is accessible on Direct Mail University in a way that constitutes copyright infringement, notify Direct Mail University immediately. To alert Direct Mail University of infringement contact us here or send notice by mail to P.O. Box 1690, Norwich, Vermont 05055. The notice must include: your name; description of the original work; description of the infringing work; location (URL) of the infringing work; your address, telephone number, and e-mail; statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement: that the information provided is accurate and true; that you are the owner or authorized agent of the original work; a signature, actual or electronic, of the owner or authorized agent. After receiving a claim of infringement, Direct Mail University will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Direct Mail University will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Direct Mail University has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
Security and Access to Your Account
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. Direct Mail University reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Direct Mail University is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Direct Mail University. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Direct Mail University is not responsible for the online or offline conduct of any User of our
Website or Services.
Website or Services, whether online or offline.
Limitation of Liability
IN NO EVENT WILL DIRECT MAIL UNIVERSITY, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF Direct Mail UniversityCONTENT OR SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, THAT MAY ARISE OUT OF YOUR USE OF DIRECT MAIL UNIVERSITY’S SERVICES, EVEN IF DIRECT MAIL UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Direct Mail University, ITS AGENTS, LICENSORS, OR AFFILIATES SHALL NOT BE LIABLE IN ANY MANNER WHETHER FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, ACCESS, OR AVAILABILITY OF DIRECT MAIL UNIVERSITY SERVICES. YOU AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY FOR THE USE OF DIRECT MAIL UNIVERSITY SERVICES, CONTENT, LINKS TO OTHER WEB SITES, OR THE INTERNET GENERALLY, ARE ASSUMED BY INDIVIDUAL WEB USERS AND THAT NO LIABILITY WILL BE CLAIMED OR WILL ATTACH TO DIRECT MAIL UNIVERSITY WHETHER UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. DIRECT MAIL UNIVERSITY HEREBY DISCLAIMS LIABILITY TO THE FULLEST EXTENT OF THE LAW. IN JURISDICTIONS WHERE SUCH DISCLAIMER MAY BE LIMITED, THIS DISCLAIMER IS LIMITED ACCORDINGLY ONLY TO THE AMOUNT REQUIRED BY SUCH LOCAL LAW
Members may post their content on our Website through our Services (Member Content), such as by commenting on a blog post. Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Direct Mail University is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Direct Mail University will submit all necessary information to relevant authorities.
If any Member Content is reported to Direct Mail University as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Direct Mail University. If the
Member fails to meet such a request, Direct Mail University has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of Direct Mail University is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Direct Mail University, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Direct Mail University a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Direct Mail University, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Direct Mail University, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
Links to Other Websites
Linking to Our Website
Fees, Payments, Recurring Payments and Refunds
Refund Policy. PDFS. Unfortunately, due to the nature of digital files such as pdfs, we cannot offer any refunds once an item has been downloaded. Refunds are only applicable if the user did NOT download the pdfs onto their computer or device. We keep records of every file download with date, size, ip, and location. 60-Day Money-Back Guarantee on Courses. You should only undertake a DMU course if you are prepared to watch the videos and execute the lessons. If you do that faithfully, and are still not satisfied, we’ll refund your money within 60 days of your payment. Email firstname.lastname@example.org. Include your full name and the email address you used when registering, buying or signing up (so we can find you in our system). Include a copy of your receipt or the transaction number. Include clear evidence of your effort in the 60-day period. We reserve the right to offer a partial refund, or refuse refunds, at our own discretion.
Minimum System Requirements to Use Our Website
You acknowledge that you have tested your system by viewing at least one of the preview videos to make sure it was compatible with your system.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree to indemnify and hold harmless DMU, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Termination of Membership
DMU may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DMU.com account (if you have one), you may simply delete your account using the Website to login and visit your profile. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by DMU if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DMU’s notice to you thereof; provided that, DMU can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
(C) 2018 J.C. MANHEIMER & COMPANY, LTD. dba/Direct Mail University.