Diamondback Direct

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Description

From time to time it may be necessary for the Company to update or revise certain provisions of the TOU. By using the Company Site and accepting the TOU, you agree that the Company may modify the terms of the TOU, including, but not limited to, those terms related to the charges (if any) associated with your use of the Company Site. You are responsible for regularly reviewing the latest version of the TOU, and any additional terms and conditions that may be posted. Your continued use of the Company Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to the changes proposed by the Company, or to any of the terms in the TOU, your only remedy is to stop using the Company Site.

The Company does not claim ownership of any information, data, text, communications, software graphics, music, sound, photographs, video, messages or other materials (each, “Content”) you submit or make available for inclusion on the Company Site. However, with respect to submitted Content you may post on the Company Site, you grant the Company a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Company Site solely for the purposes of providing the Company Site services. This license exists only for as long as you elect to continue to include, transmit or store such Content on the Company Site and will terminate at the time you remove or the Company removes such submitted Content from the Company Site. You expressly warrant you have the right to grant this license in any Content you upload, store or transmit to or through the Company Site. If you do not have the right to grant such license, you should not be uploading, storing or transmitting such material, and doing so will be a breach of the TOU.

At Diamondback we have eliminated PVC, BPA, Phthalates and a number of other substances from our production mix. Although these materials are commonly used in the mailing and manufacturing industries, our experts tell us that the negative environmental impacts outweigh the short-term benefits. Through creative sourcing we have developed low-cost, safer alternatives for these substances in our supply chain. Additionally, our production teams are charged with working alongside our clients to optimize the design, materials and end-user recycling labeling within direct mail packages. By focusing on product design, we help consumers and donors keep more of our products out of landfill.

The Content provided by the Company (that is, Content other than as submitted by site users) on the Company Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers, partners, or affiliates, and is protected by U.S. and international copyright laws. The compilation of all Content on the Company Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by U.S. and international copyright laws. You acknowledge and agree that the Company Site contains proprietary and confidential information that is protected by applicable U.S. and international intellectual property and other laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Company Site, including its interface, in whole or in part, and other logos and product and service names that are trademarks of the Company (the “Company Marks”).

You agree that the Company may, without prior notice, immediately terminate your access to the Company Site and the Company services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to the Company service (or any part thereof), (e) unexpected technical or security issues or problems, and (F) extended periods of inactivity. Termination of your the Company services includes (i) removal of access to all the Company services and the Company Site, (ii) removal of access and deletion of all related information, files and content associated with or inside services provided to you by the Company (or any part thereof), and (iii) barring further use of the Company Site and the Company services. Further, you agree that all terminations for cause shall be made in the Company’ sole discretion and that the Company shall not be liable to you or any third party for any termination of the Company Site or the Company services.

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