Direct Communications Incorporated - Website Terms of Use
Revised February 8, 2011
These Terms of Use must be agreed to by any visitor to the http://catalograckestore.com website and any website affiliated with Direct Communications Incorporated.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE OR VISIT THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms of Use may be modified periodically. The date of the most recent revision is displayed above. By using this website you agree to visit the Terms of Use periodically and to review any changes that have been made.
You agree that by using this website you do not obtain ownership rights in any of the website’s text, design, code, graphics or any other aspect of its content. You acknowledge Direct Communications Incorporated’s intellectual property rights in the same and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of Direct Communications Incorporated. The names Direct Communications Incorporated, DCi, and logos on this website are state, federal, and/or common law trademarks of Direct Communications Incorporated. Other marks used on the website may be the property of Direct Communications Incorporated and/or other companies. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.
Direct Communications Incorporated has created, commissioned or licensed all aspects of this website and possesses copyright, trademark and/or other intellectual property rights in the website and its contents. You are given a limited license to use the website in accordance with these Terms of Use. Any unauthorized use is strictly prohibited.
You agree not to attempt to gain unauthorized access to any portion of the website or to circumvent any of the website’s security features. You further agree not to take any actions that would interfere with the website’s operations.
You specifically agree that you shall not use any technologies or tools, including but not limited to “spiders” to scrape or download any data from or accessible through this website.
If you have been given a password to access a secured area of the site, you agree to keep your password confidential and agree to notify Direct Communications Incorporated if your account has been compromised.
If Direct Communications Incorporated believes you have violated these Terms of Use, it may disclose information it has gathered about you if such disclosure will aid in an investigation or complaint related to your use of the website. Direct Communications Incorporated may also disclose your personal information if necessary to prevent injury to or interference with the website based on your actions or the actions of a third party.
You agree that you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the website.
This website is designed for use by adults residing in the United States. If you access this website from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.
You may not use the website to break any law. If your actions using the website cause harm to Direct Communications Incorporated or any third party, you hereby agree to indemnify Direct Communications Incorporated, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.
If you ever upload any material to the website or post any comments on the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. Direct Communications Incorporated has the right, but not the obligation, to review and/or remove any user posted material.
Any ideas or suggestions you submit through the website will be deemed non-proprietary and will become the property of Direct Communications Incorporated with no compensation of any kind due to you for any use by Direct Communications Incorporated including, without limitation, the reposting or display of such commentary. By submitting information to Direct Communications Incorporated and/or its affiliates, you acknowledge that Direct Communications Incorporated may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant Direct Communications Incorporated all rights in your submission.
You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify Direct Communications Incorporated and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on Direct Communications Incorporated’s use of the content or idea.
If you create a Profile or upload or post any content to the website, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the website shall be accurate.
Direct Communications Incorporated is not responsible for any websites owned by third parties which may be linked to this website.
You agree that Direct Communications Incorporated has no obligation to allow you to use the website and that your access may be denied at any time for any reason.
These Terms of Use constitute the entire agreement between you and Direct Communications Incorporated with regard to your use of this website and supersedes any and all other prior written or oral agreements or understandings between you and Direct Communications Incorporated regarding this website. Direct Communications Incorporated’s failure to insist on strict compliance with any of these Terms and Conditions is not a waiver of such terms and you agree that such failure shall not inhibit Direct Communications Incorporated’s right to enforce such terms in the future based on laches, estoppel or any other legal doctrine. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Your use of this website is at your own risk. Neither Direct Communications Incorporated nor its affiliates offers any representations as to the completeness, timeliness, or accuracy of this website (including, but not limited to product descriptions or pricing) or representations to the percentage or length of time the website will be available for public access. Direct Communications Incorporated had no duty to update or maintain this website. We assume no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.
DIRECT COMMUNICATIONS INCORPORATED DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DIRECT COMMUNICATIONS INCORPORATED DOES NOT REPRESENT THAT YOUR USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNITERRRUPTED.
Under no circumstances will Direct Communications Incorporated, its employees, officers, directors, agents, affiliates, shareholders, parent companies, successors, assigns, vendors, or partners be liable to any party for any indirect, punitive, EXEMPLARY or consequential damages (including but not limited to lost profits, lost data, or interruption of business activities) whether or not notice of the possibility of such damages has been provided, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.
THE TOTAL LIABILITY OF DIRECT COMMUNICATIONS INCORPORATED AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THIS WEBSITE SHALL NOT EXCEED $100.
THIS disclaimer applies to any damages, liability or injuries INCLUDING BUT NOT LIMITED TO THOSE caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
In the event that you violate these Terms of Use, you agree that Direct Communications Incorporated will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If Direct Communications Incorporated does take legal action against you, you agree to pay all attorneys fees and costs of such action.
These Terms of Use and any disputes related thereto shall be governed by the laws of the State of Iowa and you consent to the state and federal courts of Iowa as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Iowa’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Iowa and waive any objections related to jurisdiction, venue, and forum non conveniens.
If any of aspect of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
If you believe that any aspect of this website infringes on your intellectual property in any way, or you have any questions about these Terms of Use, please notify us immediately at:
Direct Communications Incorporated
7177 Hickman Rd., Unit 6
Des Moines, IA 50322
Attention: Legal Department
