Acceptance of Terms & Conditions

These Terms & Conditions govern your access and use of this Website and the DirectMailQuarterback.com (referred to herein as “Direct Mail Quarterback”) service, a property of Connect Five Marketing. By accessing or using this Site you agree to be bound by these Terms & Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. Use of the Direct Mail Quarterback Website constitutes your acceptance of and agreement to the Terms & Conditions set forth. 
Direct Mail Quarterback reserves the right to add, delete and/or modify any of the terms and conditions contained in these Terms & Conditions, at any time and in its sole discretion, by posting a new agreement on the Direct Mail Quarterback Website. You should review these Terms & Conditions each time you access this Website.

In the event of substantive changes to these Terms & Conditions, you may be notified by email. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website.    Your continued use of Direct Mail Quarterback Website following a posting of a change of notice or new Terms & Conditions on the Direct Mail Quarterback Website will constitute binding acceptance of the changes.

Copyrighted Materials
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Direct Mail Quarterback and Connect Five Marketing or its subsidiaries or the copyrighted property of parties from whom Direct Mail Quarterback has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Direct Mail Quarterback reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. 

Use of Site
Direct Mail Quarterback will only knowingly provide the service to parties that can lawfully enter into and form contracts under applicable law. Direct Mail Quarterback is not intended for children under the age of 18.  You must comply with all of the terms and conditions of this agreement and policies listed herein, and all applicable laws, regulations and rules when you use Direct Mail Quartback. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.

In its sole discretion, with or without notice to you, Direct Mail Quarterback may: (i) suspend, limit your access to or terminate your use of the Website and/or the Direct Mail Quarterback Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Direct Mail Quarterback's servers and directories and (iv) prohibit you from using Direct Mail Quarterback and its services.  (v) cancel your order for any reason with a full refund.

You are granted a limited revocable license to access and use Direct Mail Quarterback and its services as its intended purposes and for the sole purpose of preparing, evaluating, and ordering products or services solely through Direct Mail Quarterback.  No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Placing orders via Direct Mail Quarterback does not entitle you to use any portion of Content apart from the finished products as they are supplied by Direct Mail Quarterback.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You may only use the Direct Mail Quarterback Service as expressly permitted by Direct Mail Quarterback. You may not cause harm to the Website or the Direct Mail Quarterback Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Direct Mail Quarterback Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Direct Mail Quarterback Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Direct Mail Quarterback Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Direct Mail Quarterback's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Direct Mail Quarterback Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this agreement.

By placing an order on Direct Mail Quarterback, you warrant that you have all necessary permission, right and authority to place the order and you authorize Direct Mail Quarterback to produce products on your behalf.

Communication
Direct Mail Quarterback has the right to communicate any order related issues, materials, status or confirmation at any time using any communication method, including, but not limited to, phone, email and mail. 

Privacy
Direct Mail Quarterback understands and appreciates the importance of maintaining your privacy. Your trust in us is recognized and appreciated. This Privacy Policy applies to our registered users and customers of Direct Mail Quarterback.  By registering and using Direct Mail Quarterback you agree to this Privacy Policy:

            When you provide us with personal information, such as by sending us an e-mail or by filling out a form with your personal information and submitting it to us through our website, we collect and store the personal information that you provide to us. For example, if you register or sign up for an account with us, we collect your name, address, phone number and e-mail address, and password. If you place an order with us, we collect the personally identifiable information such as payment information.  All information is used for internal purposes and will not be sold to any third party organization.

We use the information that we collect about you to maintain, improve, and administer our website, operate our business, provide products and services that you request, administer your account, inform you about products and services that might be of interest to you, and personalize your online experience.

In order to carry out certain business functions, such as print production, mail house processing, payment and delivery with the United States Postal Service, we sometimes hire other companies to perform services on our behalf. We may disclose personally identifiable information that we collect about you to these companies to enable them to perform these services, but they are required to safeguard the data and are not authorized to use it for any other purpose than completing their contractual requirements to Direct Mail Quarterback.
As an added benefit and value, we offer the ability to mail your customers and to suppress addresses from your mailing.  All files that you provide will only be used for the purpose of the mailing in which the file was intended.  From time to time, when volume is at its peak, Direct Mail Quarterback may use an outside vendor to process any address matching.  These vendors are required to safeguard all data and are not authorized to use it for any other purpose than completing their contractual requirements to Direct Mail Quarterback.

We may also disclose information we collect about you in other circumstances as required or permitted by law. As such, Direct Mail Quarterback reserves the right to disclose personally identifiable information, including account information, when we believe such disclosure is appropriate to cooperate with an investigation of activities claimed to be unlawful, to enforce our Terms & Conditions, or to protect the rights or property of Direct Mail Quarterback or others. In addition, it is possible that in the future another company may acquire Direct Mail Quarterback or its assets. It is also possible that Direct Mail Quarterback may partner with or purchase another company to continue to do business as a combined entity. In the event that this occurs, it is possible that our customer information may be transferred to the new business entity as one of Direct Mail Quarterback’s assets. In such an event, we will update this policy to reflect any change in ownership or control of your personal information.

If you do not want to receive e-mails from Direct Mail Quarterback about products and services that may be of interest to you, simply indicate this preference by removing the applicable check mark during registration. If you wish to change your preference after you have registered, you can do so by emailing clientservices@directmailquarterback.com and request us to remove you from our promotional offers list.  

If you wish to deactivate your account or change your name, e-mail address, mailing address, password, after you have registered, you can request these changes by e-mailing clientservices@directmailquarterback.com
We reserve the right to modify this privacy statement at any time, so please review it frequently.

DISCLAIMERS AND LIMITATION OF LIABILITY
DIRECT MAIL QUARTERBACK PROVIDES THE WEBSITE AND DIRECT MAIL QUARTERBACK SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIRECT MAIL QUARTERBACK DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, DIRECT MAIL QUARTERBACK SERVICES OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. DIRECT MAIL QUARTERBACK MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS & CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

DIRECT MAIL QUARTERBACK OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE DIRECT MAIL QUARTERBACK SERVICES OR THIS TERMS & CONDITIONS, BASED ON ANY CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TERMS & CONDITIONS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TERMS & CONDITIONS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TERMS & CONDITIONS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY DIRECT MAIL QUARTERBACK TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

You agree that you shall indemnify and defend and hold Direct Mail Quarterback and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this Terms & Conditions or any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated from and into this website. If you have to indemnify Direct Mail Quarterback under this Section, Direct Mail Quarterback will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Direct Mail Quarterback's express written permission.

Direct Mail Quarterback Services
Direct Mail Quarterback offers several services related to mailing. Prices are subject to change without notice and Direct Mail Quarterback reserves the right to change prices at any time. 

Suppression and Customer Files
Direct Mail Quarterback  offers data hygiene services, such as, but not limited to, suppressions, customer merge and duplication removal.  Data structure, quality and integrity are factors that influence the accuracy of such services.  Direct Mail Quarterback will try its best to suppress, dedupe, and integrate client data, but makes not guarantee as to the accuracy of the results.  

Post Office
Direct Mail Quarterback uses the United States Postal Service as its home delivery provider. Direct Mail Quarterback takes no responsibility or makes no warranty or guarantee as to the condition or delivery of the mail piece once it is in possession of the United States Postal Service.   Direct Mail Quarterback will not issue any refunds or punitive compensation for any mismanagement, service failure or errors resulting from the United States Postal Service.

Target Audience
Direct Mail Quarterback makes an effort to match the mailing recipients with the description provided by the client/user.  Certain barriers exist with data availability, limited data ranges, modeled data ranges, quality and costs where an exact demographic match is unlikely.  Some demographic selections are estimated and/or modeled indicators and are not exact representation of the individual or household’s true value.  Furthermore, in order to meet desired mail quantity, Direct Mail Quarterback may have to adjust, expand or contract the user’s demographic selections accordingly. Direct Mail Quarterback uses third party sources to acquire its mailing lists and makes no guaranty or warranty as to the accuracy of the target audience used for the mailing and will not be held responsible for any lack of response or for the target audience used in the mailing.

Geography
In order to meet desired mail quantity, Direct Mail Quarterback may have to adjust, expand or contract the user’s mailing geography accordingly.

Print Quality
Direct Mail Quarterback uses stock that meets the United States Postal standards.  Print quality is of significant importance to Direct Mail Quarterback and understands that campaign success is tied to piece quality.   Direct Mail Quarterback emphasizes quality for its products and services, and typically uses 12pt stock and UV coating for its postcards. However, Direct Mail Quarterback makes no warranty or guaranty as to the stock or print quality, so as long as it is within acceptable parameters of the United States Post Office.

Piece Size
Postcard sizes quoted and ordered through Direct Mail Quarterback are not exact and can vary by plus or minus 19/20th of an inch.  Direct Mail Quarterback will not be accountable or offer any refunds for inaccurate piece sizes outside of 19/20th of an inch in either dimension.

Artwork Re-sizing
Templates displayed in Direct Mail Quarterback are proportionally designed for  6” x 9”.  In order to graphically represent a similar design in a 4” x 6” and 6” x 11”, there may be the need for different proportions or adaptations in the artwork.  Direct Mail Quarterback makes every effort to match the template design with the finished product, however it makes no guarantee that the selected graphic illustration in the template is identical to the actual printed piece. 

Customized Information
Direct Mail Quarterback is not responsible for any user entered misspelling or user content.   Personalized information will appear on the mail piece exactly as entered by the user and Direct Mail Quarterback is not under any obligation to check for errors.

Addressing and Deliverability
There are always a certain percentage of prospect and customer addresses that are undeliverable.  With First Class mailing, the United States Post Office returns any undeliverable mail back to the sender.  These returned and undeliverable pieces is typical with most mailings.  Direct Mail Quarterback takes no responsibility and is not liable for any undeliverable mail pieces as a result of incorrect name and or address.  We put print “OR CURRENT RESIDENT” on all prospect pieces to reduce the amount of undeliverable mail pieces.

Campaign Response
Direct Mail Quarterback is not responsible and does not guarantee any results or response rates arising from the execution of any mail campaign.

Feedback
Any comments, suggestions, proposals or other feedback provided to Direct Mail Quarterback in connection with the operation or content of this website shall be provided by the submitter and received by Direct Mail Quarterback on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Direct Mail Quarterback. By submitting any such information to Direct Mail Quarterback, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Direct Mail Quarterback shall be free to use such information on an unrestricted basis.

Security
We maintain physical, electronic, and procedural safeguards designed to help us protect your nonpublic personal information. For example, we use Secure Socket Layer (SSL) technology to encrypt your credit card information when you purchase products through our website. When you establish an account at Direct Mail Quarterback, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. You may change the password as often as you wish by emailing clientservices@directmailquarterback.com.
Direct Mail Quarterback authorizes only those persons who need to know personal information to administer your account, to provide or inform you about products and services, or to maintain, improve or administer our website to access your personal information.

Misc
These Terms & Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law principles. This Terms & Conditions is not assignable or transferable by you without the prior written consent of Direct Mail Quarterback.