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TERMS AND CONDITIONS OF USE FOR THE DMOC WEBSITE
USE OF THIS SITE IS SUBJECT TO TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE
USING THIS SITE. BY USING THIS SITE, YOU AGREE AND SIGNIFY YOUR ACCEPTANCE OF THESE TERMS
AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.
February 2007
LICENSE. As a user of the DMOC Website (the "Site"), you are
granted a non-exclusive, non-transferable, revocable at-will, limited license to access and
use the Site and its content in accordance with these Terms and Conditions of Use. DMOC may
terminate this license at any time and for any reason.
NO SPECIAL RELATIONSHIP. Content contained on or made available through
the Site is not intended to, and does not, constitute a partnership, joint venture or other
agency relationship or fiduciary obligation of any kind.
SUBMISSIONS, APPLICATIONS, POSTING AND REGISTRATIONS. Certain sections
of this Site invite you to submit a resume, apply for a job, and to register or post a job
opening. If the invitation is accepted, you agree and accept that you shall use best efforts
to provide accurate and complete information.
INTELLECTUAL PROPERTY RIGHTS. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Site are copyrights, trademarks, trade dress and or other intellectual properties owned or licensed by DMOC. Except as expressly provided in the Terms and Conditions, nothing contained in the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright, trademark or other intellectual property laws. Notices to DMOC with respect to any alleged intellectual property infringement should be directed to Attn: Heather Frayne, DMOC, 156 Fifth Ave., Ste 519, NY, NY 10010.
COPYRIGHT. All materials within pages of the Site are copyrighted. 1997-Present.
Direct Marketers On Call, Inc. All rights reserved. DMOC may grant permission, however, to use or
reprint copyrighted materials where written permission is requested and granted by DMOC.
TRADEMARKS. Nothing contained on the Site should be construed as granting any
license or right to use any Trademark displayed on the Site without the express written permission of
DMOC or such third party that may own the Trademark. BY USING THE SITE, YOU AGREE AND ACCEPT THAT ANY
UNLICENSED USE OF DMOC TRADEMARKS WOULD RESULT IN IRREPARABLE INJURY. The following are some of the
registered trademarks, or trademarks of DMOC, which are protected by United States federal and state laws:

DMOC® DMOConsultants
LINKING TO THE SITE. You may provide links only to the home page of the Site, provided you
do not remove or obscure, by framing or otherwise, any portion of the home page. If you wish to provide
links to a section within the Site, you should forward your request to DMOC at info@dmoc-inc.com and
DMOC will notify you if permission is granted, and if so the terms and conditions of permission. If you
link to the home page of the Site, you may only use a text-based link using the following words: "
DMOC - Direct Marketers On Call." You specifically may not use the DMOC logo or any other trademark
of DMOC. By linking to the Site, you agree and accept that unless expressly provided to the contrary by the
terms herein, all rights to DMOC registered trademarks, the DMOC trade name, the design of the Site and the
content appearing on the Site, belong to DMOC. By linking to the Site, you are affirmatively obligated to
make certain you are not in violation of the federal Lanham Act or any other federal, state or common law,
including but not limited to not misrepresenting your relationship with DMOC or presenting false or misleading
impressions about DMOC. Unless expressly providing in writing to the contrary, no links to the Site may be used
in a manner that reasonably implies or suggests that DMOC endorses or approves you, your web site, or your goods
and services. No link to the Site may appear on any page on your site or within any code of your site, if
such site contains materials that may be interpreted as libelous, obscene or criminal, or which infringes,
or otherwise violates or advocates the infringement or other violation of, any third party.
ERRORS AND CORRECTIONS. DMOC does not represent or warrant that the Site will be
error-free, free of viruses or other harmful components, or that defects will be corrected. DMOC also
does not warrant or represent that the information available on or through the Site will be
correct, accurate, timely, or otherwise reliable.
LIMITATIONS ON USE. You may not decompile, reverse engineer, disassemble, rent,
lease, lend, sell, sublicense, or create derivative works of any kind from the Site or its content,
whether in whole or in part. You may not use any network monitoring or discovery software to determine
the architecture of the Site, or extract information about usage or users. You may not use any robot,
spider, other automatic device, or manual process to monitor or copy the Site or its content in whole
or in part, without DMOC's prior written permission. Except to the extent expressly permitted, you
also may not copy, modify, reproduce, republish, distribute, display, or transmit for any purpose
all or any portion of the Site. Any unauthorized use of the Site or its content, or any software
available on or through the Site, is prohibited, including but not limited to violations of the export
control laws and regulations of the United States of America.
DISCLAIMER. THE SITE IS PROVIDED ON AN "AS IS" BASIS. DMOC EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. DMOC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ANY ERRORS IN, OR
OMISSIONS FROM, THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND
TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITE OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED
THROUGH LINKS IN THE SITE, (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, (D) YOUR USE OF
THE SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.
LIMITATION OF LIABILITY. DMOC SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM,
LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE. DMOC SHALL NOT BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING
WITH LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE
USE OR INABILITY TO USE THE SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS
PROHIBITED, DMOC'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE $50 OR SUCH LESSER AMOUNT AS PERMITTED BY LAW.
PRIVACY. Although DMOC will use reasonable efforts to safeguard confidentiality
of personal information once transmitted to DMOC, the transmissions themselves made by means of the
Internet cannot be made absolutely secure. DMOC will have no liability for disclosure of personal
data due to errors in transmission or unauthorized acts of third parties.
GOVERNING LAW AND JURISDICTION. The Terms and Condition of Use are governed by
and construed in accordance with the laws of the State of New York without regard to conflict of
law principles. By using the Site, you agree that any action at law or in equity arising out of,
or relating to, the Terms and Conditions shall be filed only in the state or federal courts located
in New York County and you hereby consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. You are responsible for complying with the laws of the
jurisdiction from which you are accessing the Site and you agree that you will not access or use the
information on the Site in violation of such laws. |