Last Updated: 9/15/2021
DMC maintains these Services to provide you with information about DMC, our products and services, and to facilitate communications with us. Your right to access or use the Services may terminated if you violate these Terms. We reserve the right to seek all remedies available by law and in equity for such violations. Any rights not expressly granted herein are reserved.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS REQUIRE USERS TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO USERS IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE TO ARBITRATION, OR WITH ANY OTHER TERM IN THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OR AGE OR A MINOR IN YOUR STATE OF RESIDENCE, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICES.
Modification of Terms. We reserve the right to modify this Agreement from time to time. Your use of the Site after such a modification will constitute your acceptance of those changes. We may notify you of any such changes by any reasonable means, including by posting the revised version of these Terms to the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” date above. Please check back periodically to review any changes to these Terms.
Your Access to and Use of the Site. Your access to and use of the Site may be interrupted from time to time, including due to technical malfunctions, periodic updating and repairs. We may, at any time, modify or discontinue all or part of the Site, charge, modify or waive any fees required to use the Site, if and/or when any fees are involved with a service provided. We may, in our discretion and without notice, suspend or terminate your access to the Site and to any services offered on the Site, and may remove and delete any content you have provided, if any, if we believe that your conduct or content violates or is inconsistent with these Terms or its intent, that your conduct is disruptive, or that you have violated the law or the rights of any third parties.
Links to third party sites. We may provide links to external websites or resources for your convenience and reference only. We do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against us, or our service providers arising out of your use of external websites or resources.
We do not accept unsolicited materials or ideas and take no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Infringing Content. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you or a company representative may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send DMC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Please provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit DMC to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Notices and counter-notices must be sent in writing to DMC’s DMCA agent by e-mail to firstname.lastname@example.org. Once this procedure has been followed, we will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time. We may also, at our sole discretion, limit access to the Services and/or terminate the accounts of Users who infringe any intellectual property rights of others.
Jurisdictional Issues. The Site is controlled and/or operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes, or other rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
User Conduct, Prohibited or Unlawful Use. You are responsible for any activity that occurs through your use of our Services (including your account, if you have one) and you agree that you will not sell, transfer, license, or assign any account or access rights we may provide to you. Except for individuals or organizations that are expressly authorized to create accounts on behalf of others (e.g., employees or clients), we prohibit the creation of, and you agree that you will not, create an account for anyone other than yourself. All information that you provide to us must be true, accurate, current, and complete. Furthermore, you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password for the Services (if any) secret and secure. You agree that we are not responsible or liable for the conduct of any user.
In order to maintain an informative and valuable service for the users of the Services, the following rules have been established to protect against abuse. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, and may not, for example: (i) attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems, or networks of the Services, with the intent to probe, scan or test the vulnerability of a system or network of the Services, or those of any other party; (ii) interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system; (iii) falsify address information or otherwise modify e-mail headers to conceal the sender’s, or the recipient’s, identity; or (iv) use the Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider. Note that these examples of unacceptable conduct are not intended to be an all-inclusive list and use of the Services in any manner that is unlawful, or which could damage, disable, overburden or impair us or the Services is strictly prohibited. We may cooperate with U.S. government and law enforcement officials if any unlawful activity is suspected. Violations may result in liability and revocation of access to the Services.
Access to, and use of, password protected and/or other secure areas of the Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution.
Unsolicited email and messaging is not welcome on our site. We promptly honor all opt-out/unsubscribe requests, as noted below. Additionally, you are not authorized to use this site to send unsolicited messages that advertise us in any manner.
Consent to Electronic Communications. When you visit our site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, if and when that option is available, we may also choose to communicate with you by email, telephone, short message services (“SMS”), or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
a. How It Works: You can sign up to receive offers and promotions from DMC, its Affiliates, and/or Partners (all together, “Senders”). If you sign up, you agree senders can call, text, or e-mail me offers or promotions, even if you are listed on the federal or State Do Not Call list. Senders can use modern technology, like – IVR (interactive voice response system), autodialers and artificial or prerecorded voice. You don’t have to give this consent to do business with the Senders. The list of Senders will change based on which companies are DMC’s Affiliates and/or Partners over time. This is the [current list]. You also consent to offers and promotions from Senders that are added later on.
b. Participant Requirements: You must have a wireless device of your own capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
c. Participant Opt-Out:
- Opt-Out Procedures: You may always opt-out of receiving communications from us. To not receive future e-mail communications from Website, please email us here (email@example.com) or contact us at (click here opt-out link).
- WHEN YOU EMAIL UNSUBSCRIBE In order to opt out of future email messages click the “UNSUBSCRIBE” link at the bottom of our email messages, or email us at firstname.lastname@example.org.
d. Rights Releases; No Warranties; Reservations: By participating, you agree to release and hold DMC harmless and participating wireless carriers (“Released Parties”) and their respective representatives, agents, successors, assigns, employees, members, officers and directors from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with this service, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with this service. Participating wireless carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this service, and none of them will have any liability or responsibility for any claim arising in connection with participation in this service. The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with this service. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
While we take commercially reasonable steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
LIMITATION OF LIABILITY. WE AND THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE OR THE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL WE AND THE SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY WE AND THE SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER US OR THE SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US FOR THE USE OF THE SITE WHICH IS THE SUBJECT OF THE CLAIM.
Indemnification. You agree to indemnify and hold us, our subsidiaries, affiliates, officers and employees, and Service Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of this Agreement by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. We and our Service Providers assume no responsibility whatsoever for such content or actions.
RELEASE. YOU HEREBY RELEASE, REMISE, AND FOREVER DISCHARGE US AND THE SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
ARBITRATION. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
a. Initial Dispute Resolution: We are available by e-mail at email@example.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating arbitration.
b. Agreement to Binding Arbitration: If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or we may initiate binding arbitration. All claims arising out of or relating to the Terms (including its formation, performance and breach), the scope of this arbitration clause, the parties’ relationship with each other and/or your use of the DMC Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (“AAA”), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.
c. Arbitration Fees: In any arbitration, we will pay the filing fee. We will pay additional arbitration expenses to the extent that the arbitrator determines that we must do so in order to ensure the enforceability of this Arbitration Clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and appeal, among others, may be more limited in arbitration than in court.
d. Class Action and Class Arbitration Waiver: You and DMC each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.
e. Arbitration Opt-Out: You may opt out of this agreement to arbitrate. If you do so, neither you nor us can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Digital Media Connection, LLC
ATTN: Unsubscribe Department – Opt-out – Arbitration
Two Union Plaza, Suite 104
New London, CT 06320
You must include your name and residence address, the email address and phone number you used, and a clear statement that you want to opt out of this arbitration agreement.
f. Injunctive Relief: The foregoing provisions of this Section will not apply to any claim by you or us when seeking an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User Content and/or DMC’s intellectual property rights, DMC’s operations, and/or DMC’s products or services. This Section shall apply to any claims brought by you or Company in any action that do not seek such injunctive or equitable relief.
g. Severability: If the prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable, then only the preceding language in this Arbitration Clause will be null and void as it pertains to such matters. This arbitration agreement will survive the termination of your relationship with us.
Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include, but is not limited to, where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic (except COVID-19), insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
Governing Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut (without regard to conflict of law provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
Miscellaneous. These Terms constitute the complete and exclusive statement of the agreement between you and us, and supersede all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DMC as a result of these Terms or your use of the Services. Additionally, our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Furthermore, the section titles in these Terms are for convenience only and have no legal or contractual effect.
Reports of any activity in violation of these Terms should be sent to the address shown below. For all questions, complaints, and general comments, please contact us via e-mail at firstname.lastname@example.org
or via mail at:
Digital Media Connection, LLC
Attention – Consumer Department
Two Union Plaza, Suite 104
New London, CT 06320
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with DMC.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.