Terms and Conditions
Updated 10/1/19.
Web Site Terms and Conditions of Use
The following terms and conditions govern all use of the DMU.com website and all content, services and products available at or through the website (“The Website”). The Website is owned and operated by J.C. Manheimer & Company, Ltd. (“JCMLTD”) doing business as Direct Mail University (“DMU”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DMU’s Privacy Policy) and procedures that may be published from time to time on this Site by DMU (collectively, the “Agreement”).
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to access the materials (information or software) on Company's web site for personal, non-commercial viewing. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Company's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Company's web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Company's web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
6. Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DMU disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading or use by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our Websites link, and that link to our Websites. DMU does not have any control over those non-DMU websites and webpages, and is not responsible for their contents or their use. By linking to a non-DMU website or webpage, DMU does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DMU disclaims any responsibility for any harm resulting from your use of non-DMU websites and webpages.
8. Site Terms of Use Modifications
Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Governing Law
Any claim relating to Company's web site shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions.
10. Fees and Payment. By completing the cart and checkout process for any product or number of products, you agree to pay DMU the fees indicated on our Website at the time of purchase in exchange for the product or service. Payments will be processed on the day you purchase a product or service. DMU reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
If you take issue with a transaction, it is your responsibility to open a dispute with the Resolution Department of the payment issuer (i.e., PayPal, VISA, MasterCard, American Express or other). Refer to your receipt for details. DMU will not be responsible for disputes with payment providers.
Support. All services on DMU include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by DMU to respond within two business days) concerning the use of our services. All support will be provided in accordance with DMU standard practices, procedures and policies. To access support, email president [at] directmailuniversity [dot] com.
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 president@directmailuniversity.com. 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.
Viewing and Printing. You can view the pdfs on three (3) devices. The printing and copying function on the pdfs has been disabled.
Limitation of Liability. In no event will DMU, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DMU under this agreement during the twelve (12) month period prior to the cause of action. DMU shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the DMU Privacy Policy with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. 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.
Changes. DMU reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DMU may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. We reserve the right to change any and all DMU services without notice.
Termination. 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.
Disclaimer of Warranties. The Website is provided “as is”. DMU and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DMU nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Miscellaneous. This Agreement constitutes the entire agreement between DMU and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DMU, or by the posting by DMU of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Vermont excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Vermont, USA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Vermont, USA, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DMU may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.