Terms & Conditions

Welcome to Direct Marketing Media, Inc. and/or its affiliates ("Direct Marketing Media," "DMM," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of the website at

www.directmarketingmedia.com

and any other platforms, applications, services, or products provided by DMM (collectively, the "DMM Services").

IMPORTANT – PLEASE CAREFULLY READ THESE TERMS BEFORE ACCESSING OR USING ANY PART OF OUR WEBSITE OR SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, INCLUDING MANDATORY ARBITRATION AND A CLASS ACTION WAIVER. BY ACCESSING OR USING ANY DMM SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.

General Use

The DMM Services are intended for use by individuals who are at least 18 years old, or the legal age of majority in your jurisdiction, whichever is greater, and who are operating a business or acting in a commercial capacity. By using our services, you affirm that you meet these requirements and agree to comply with these Terms and all applicable laws and regulations.

Website User Conduct and Restrictions – License Terms

All content provided via the DMM Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of DMM or its content suppliers and protected by United States and international copyright laws.

DMM grants you a revocable, limited, non-exclusive, non-transferable license to access and make personal use of the DMM Services, strictly in accordance with these Terms. You agree not to:

  • Copy, reproduce, distribute, republish, display, post, transmit, or create derivative works from any content without express written permission from DMM.

  • Use our services for any unlawful, fraudulent, harmful, or unethical purposes.

  • Introduce viruses, trojans, malware, or any other harmful code or program.

  • Interfere with or disrupt our services or servers.

  • Attempt to gain unauthorized access to our systems or other user accounts.

Our Privacy Statement and Your Personal Information

Your privacy is important to us. Please review our Privacy Policy at

www.directmarketingmedia.com/privacy

to understand how we collect, use, and protect your personal information. The Privacy Policy is incorporated by reference into these Terms.

Account Registration; Passwords

To access certain features of the DMM Services, you may be required to create an account. You agree to provide accurate and complete information and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

Order Placement and Acceptance

All orders for products or services placed through our website or otherwise must be accompanied by full payment. We reserve the right to refuse or cancel any order at our discretion. If we make a change to or cancel an order, we will attempt to notify you by email or phone using the contact information provided at the time the order was made.

Refund Policy

Due to the digital nature of our products and services (including lead data and software access), all sales are final. No refunds, credits, or partial reimbursements will be issued for any reason, including but not limited to lack of satisfaction or under-utilization of services.

Subscription Terms and Automatic Payments

If you subscribe to any of our services on a recurring basis, you authorize DMM to charge your payment method on a recurring basis (e.g., monthly) until you cancel in accordance with these Terms. All subscription cancellations require at least ten (10) days’ notice before the next billing cycle.

Shipping (if applicable)

In the rare case that DMM ships physical products, you will be notified of shipping costs and estimated delivery timelines at checkout. Risk of loss and title for physical items passes to you upon delivery to the carrier.

Products, Services, and Pricing

Our products, services, and associated prices are listed on our website and may change at any time without notice. Price changes to existing subscriptions will be communicated via email and take effect on the next billing cycle.

Results Disclaimer

Every business is unique. We do not promise or guarantee specific results from using our services. Performance and outcomes vary based on your business model, implementation strategy, and other market conditions beyond our control.

Your Responsibilities

You are responsible for complying with all applicable laws, including marketing, advertising, privacy, and consumer protection laws. You agree to operate your business ethically and to use the leads and services provided by DMM responsibly.

Testimonials, Reviews, and Content Submissions

By submitting any testimonial, review, or content to us, you grant DMM a royalty-free, worldwide, irrevocable license to use, reproduce, and publish such content for promotional and marketing purposes. All submissions are deemed non-confidential and non-proprietary.

Compliance with the Law

You must comply with all applicable federal, state, and local laws, including but not limited to TCPA, CAN-SPAM, GDPR, and the FTC’s rules on advertising and marketing. You are solely responsible for how you use data and leads provided by DMM.

Disclaimers of Warranties

THE DMM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitations of Liability

IN NO EVENT SHALL DMM OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Dispute Resolution by Arbitration

All disputes between you and DMM shall be resolved by binding arbitration under the rules of the American Arbitration Association in Charleston, SC. You waive the right to a jury trial and agree not to participate in a class action. Any claim must be brought within one (1) year from the date it arose.

Indemnification

You agree to indemnify, defend, and hold harmless DMM and its officers, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses (including attorneys’ fees) arising from your use of the services, your violation of these Terms, or your violation of any third-party rights or laws.

Third-Party Links

Our services may contain links to third-party websites. These links are provided for convenience only. DMM is not responsible for the content or accuracy of any third-party sites.

Termination

We reserve the right to terminate or suspend your access to our services at any time, with or without cause, and without liability.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that or any other provision.

Governing Law and Venue

These Terms shall be governed by the laws of the State of South Carolina. Any non-arbitrable disputes shall be litigated exclusively in courts located in Charleston County, SC.

Force Majeure

DMM shall not be liable for delays or failures due to causes beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, or failures of suppliers.

Assignment

You may not assign your rights or obligations under these Terms without prior written consent. We may assign or transfer these Terms at any time without notice.

Electronic Signature

By using our services, you agree to electronic communication and accept these Terms as the legal equivalent of a signed written agreement.

Changes to the Agreement

We reserve the right to change these Terms at any time. Updated versions will be posted on our website and become effective immediately upon posting. Your continued use of our services constitutes acceptance of the changes.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, including any policies referenced herein, constitute the entire agreement between you and DMM and supersede all prior communications and agreements.

Contact Us

Direct Marketing Media, Inc. Charleston, SC

[email protected]

By accessing or using the DMM Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions.

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