My Personal Advantage
 


Nov 21, 2018

IMPORTANT INFORMATION ON TERMS AND CONDITIONS OF USE AND LEGAL RESTRICTIONS EXPLAINED
NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND LEGAL RESTRICTIONS CAREFULLY BEFORE USING THIS SITE OR OTHERWISE ACCESSING ANY OF ITS CONTENT OR SERVICES AVAILABLE THEREIN. BY USING THIS SITE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MAKE USE OF THIS SITE OR OTHERWISE ACCESS ANY OF ITS CONTENT OR SERVICES.

The Personal Marketing Company web site (the "Site") and all associated content and services accessible through the Site are provided by The Personal Marketing Company (TPMC). Please note the following: (i) because The Personal Marketing Company may update these terms and conditions at any time without notice to you, you should review these terms and conditions each time you access the Site and (ii) these terms and conditions include any other operating rules or policies that may be published on the Site by The Personal Marketing Company.

1. Copyright: All content included on the Site (including text, graphics, logos, button icons, images, data compilations, and software) ("Content") is the property of The Personal Marketing Company (and as applicable, its licensors). All Content is protected by United States and international copyright laws and other intellectual property laws, and any rights not expressly granted herein are reserved to The Personal Marketing Company.

2. Our Service: The Personal Marketing Company provides the service of creating, printing, and mailing direct mail marketing materials as well as providing list and other information and materials to assist you in your marketing efforts (the “Services”). The Services are available through the Site and The Personal Marketing Company authorizes you to use the Site and to access the Services; provided you comply with all the terms and conditions herein. If you breach any of the terms and conditions, your authorization to use the Site and the Services automatically terminates and you must immediately destroy any of the Content you have downloaded or otherwise obtained. Please note that in providing the Services, The Personal Marketing Company neither makes any representation or guarantee as to the results you will achieve from using the Services nor does it act as an agent, partner, joint venture participant, or in any other capacity on your behalf or on behalf of the United States Postal Service. Delivery times are the responsibility of the USPS after receipt of the materials from TPMC and such times are not guaranteed by The Personal Marketing Company. All issues related to delivery of mail are matters solely between the USPS and yourself.

3. User Conduct: You are solely responsible for the content and context of all items and materials you may choose to make use of through the Site or alter in any way by composing your own messages or otherwise distribute in using the Services. You warrant and agree that, while accessing the Site or any Content and during or as a result of using any Service, you shall not:

A. harass, threaten, embarrass, or cause distress or discomfort upon any other individual or party to which the materials have been distributed

B. transmit or otherwise distribute any information, data, text, files, links, software, messages, communications, or other materials that may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

C. impersonate any other person or entity or misrepresent your affiliation with any other person or entity;

D. violate any applicable laws, rules, or regulations or otherwise use the Services in any manner that violates any applicable laws, rules, or regulations (including laws, rules, and regulations relating to unsolicited messages or calls and U.S. export requirements);

E. upload, publish, transmit, reproduce, or distribute in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; and

F. upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, rule, or regulation).

4. Refusal of Service: You understand that The Personal Marketing Company has no obligation to monitor your use of the Services and the materials you purchase or distribute with the Services. The Personal Marketing Company does, however, reserves the right to review the same and to remove (and/or suspend the Services with respect to) any materials that The Personal Marketing Company believes (in its sole discretion) are illegal or otherwise improper. The Personal Marketing Company also reserves the right, in its sole discretion, to require proof that you are authorized to distribute the content developed with the Services.

5. Use of Software: All software must be used in accordance to the terms and agreement outlined. You may not reproduce, modify, distribute, or otherwise make available the software to any third party. Further, you may not use the software in a service bureau or other similar manner for the benefit of any third party. Any use of the software not in accordance with the these terms is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any software which is downloaded or otherwise accessed on the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The service provider is The Personal Marketing Company, 11843 West 83rd Terrace, Lenexa, Kansas 66201. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, or redistribution is expressly prohibited.

6. Disclaimers; Liability: Although The Personal Marketing Company believes that the Site, the Content, and the Services are reliable and fully available, The Personal Marketing Company makes no guarantees with respect to any of the foregoing. CONSEQUENTLY, THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND THE PERSONAL MARKETING COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, THE PERSONAL MARKETING COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE PERSONAL MARKETING COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To the maximum extent permitted by applicable law, in no event shall The Personal Marketing Company (including its directors, officers, employees, and agents) be liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Site, the Services, or any of the software) even if The Personal Marketing Company has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall The Personal Marketing Company’s liability to you for any matter arising under or relating to your use of the Site, the Content, or the Services exceed the total amount you paid to The Personal Marketing Company with respect to the particular Services giving rise to the claim.

7. National Do Not Call Registry: With respect to any Services relating to the provision of phone number lists for telemarketing purposes, you acknowledge and agree that: (i) you are solely responsible for confirming and validating all numbers against applicable “Do Not Call” registries before using the same and (ii) you are solely responsible for complying in all respects with all applicable federal and state telemarketing laws, rules, and regulations. Consequently, you are strongly encouraged to register with the National Do Not Call Registry for the purpose of personally verifying list compliance.

8. Modifications to Site: The Personal Marketing Company reserves the right, for any reason, at its sole discretion, and without notice to (i) terminate, change, suspend or discontinue any aspect of the Services, the Content, and the Site (including features and hours of availability) and (ii) impose limits on certain features of the Site or restrict your access to part or all of the Site.

9. User Information: As part of your use of the Site, you may provide certain information to The Personal Marketing Company. Except for applicable credit card and related information, any information or material you transmit to the Site or otherwise provide to The Personal Marketing Company is considered non-confidential and non-proprietary and The Personal Marketing Company has no obligations of confidentiality with respect to the same. You agree that the party receiving that information can rely upon and use such information in any manner. You acknowledge and agree that you are solely responsible for the accuracy and content of all information provided by you.

10. Links to Other Sites: Links to third party web sites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site and The Personal Marketing Company does not control and is not responsible for any of these third party sites or their content. The Personal Marketing Company does not endorse or make any representations or warranties about third party sites or any information, software, or other products or materials found there, or any results that may be obtained from using them. Third party links are provided as a courtesy to our users, but using them are done so entirely at your own risk.

11. Billing: You must complete the registration process by providing us with current, complete, and as accurate information as possible when prompted by the application. You also will choose a user name and password.  You are entirely responsible for maintaining the confidentiality of your password and account. You are also responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by The Personal Marketing Company or another party due to someone else using your account or password. You may not use any other account at any time, without the permission of the account holder. Orders are billed according to the prior arrangements made during your enrollment. Your credit card will be billed for any charges that are your responsibility. The Personal Marketing Company makes every effort to ensure accurate pricing, but pricing errors may occur. By submitting an online or offline order, you agree to pay the price in effect for the applicable Service you are ordering. For pricing questions please contact us within 60 days of the order being placed. Please review your order information carefully before placing your order. Once an order is placed, it cannot be altered or cancelled.

12. Indemnification: The user shall indemnify, defend, and hold The Personal Marketing Company, its officers, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of the terms and agreements or any use by you of the Site or the Services. The Personal Marketing Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without the prior written consent of The Personal Marketing Company.

13. Site Administration: The Personal Marketing Company administers the Site from its main location in Lenexa, Kansas. The Personal Marketing Company makes no representation that the Site, the Content, or any Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access the Site from outside the United States, you do so at your own risk and initiative and are responsible for compliance with applicable local laws.

14. General Provisions: This document comprises the entire agreement between you and The Personal Marketing Company and supersedes all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with the Site, the Content, or the Services in any way, your sole recourse is to immediately discontinue its use. If any of the terms and agreements are held by a court of competent jurisdiction to be invalid or unenforceable, then such term shall be enforced to the maximum extent permissible so as to effect the intent of such term and the remainder of the document shall continue in full force and effect. The failure by The Personal Marketing Company to exercise or enforce any rights or provisions of the terms shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, the Site, the Content, or any Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The terms and agreements shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively tried in Johnson County, Kansas, and you agree to the exclusive jurisdiction of the state and federal courts located in Johnson County, Kansas. All provisions in the terms and agreements document regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of your use of the Site, the Content, or the Services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa.

15. More Information: For more information please contact:

The Personal Marketing Company, Inc.
11511 W. 83rd Terrace
Lenexa, KS 66214
Main office line: 913-492-0377
Fax: 800-234-9423
www.tpmco.com

 

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