Terms of Use

These Terms of Use are effective as of January 2012 BEFORE ACCESSING OR USING ANY PART OF THIS SITE, YOU (a "User") SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE AND ANY TOOLS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE OR THIS "SITE"). [DIGITAL ADVERTISING ALLIANCE ("DAA")] IS WILLING TO PERMIT USE OF THE SITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF FOR ANY REASON, YOU ARE UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THE SITE. CONTINUED USE OF THE SITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF USE.

1. LICENSE GRANT. These Terms of Use provides you, a User, with a personal, revocable, limited, non-exclusive, non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. These Terms of Use provide a license and not an assignment or sale. All rights not expressly granted are hereby reserved. Accordingly, you may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use the Site in any manner not expressly permitted herein by DAA.

2. PROPRIETARY RIGHTS. This Site is Copyright © 2012 DAA and/or its licensors. All rights reserved. DAA also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any software and other downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by DAA or its licensors. DAA and all other names, logos, and icons identifying DAA and its products and services are proprietary trademarks of DAA, and any use of such marks without the express written permission of DAA is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

3. FEEDBACK. DAA welcomes your feedback and suggestions about DAA's programs or services. By transmitting any suggestions, information, material, or other content to change or improve this Site or DAA’s programs and services (collectively, “feedback”) to DAA, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to DAA and enable DAA to use such feedback. In addition, any such feedback received through or in connection with this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for DAA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

4. USER OBLIGATIONS. By downloading, accessing, or using this Site in order to view the information and materials available on or through the Site or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through this Site, including, without limitation, when you provide information via a registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. In addition, you agree to assume all responsibility concerning other or third party activities related to your use of this Site, including, without limitation, meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third party software and hardware necessary for access to this Site, and maintaining and backing up any data.

5. DISCLAIMER. THE INFORMATION, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, DAA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. DAA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CERTAIN AREAS OF THIS SITE INCLUDE CONTENT PROVIDED OR POSTED BY THIRD PARTIES. DAA IS NOT RESPONSIBLE FOR THIS CONTENT OR THE STATEMENTS OR REPRESENTATIVES CONTAINED THEREIN.

6. LINKS TO OTHER SITES. DAA may provide links, in its sole discretion, to other sites on the World Wide Web. These sites have not necessarily been reviewed by DAA and are maintained by third parties over which DAA exercises no control. Accordingly, and in addition to the foregoing disclaimer, DAA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DAA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DAA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR DAA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DAA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

8. TERM AND TERMINATION. These Terms of Use and your right to use this Site will take effect at the moment install, access, or use the Site and is effective until terminated as set forth below. These Terms of Use will terminate automatically if you fail to comply with these Terms of Use, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate these Terms of Use at any time by ceasing to use the Site, but all applicable provisions of these Terms of Use will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the Site in your possession. In addition to the "Miscellaneous" provision, the provisions concerning proprietary restrictions, DAA's proprietary rights, feedback, disclaimer of warranty, limitation of liability, and governing law will survive the termination of these Terms of Use for any reason.

9. GOVERNING LAW. These Terms of Use has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the District of Columbia, U.S.A. as applied to agreements entered into and completely performed in the District of Columbia. With respect to any claims related to the Site or these Terms of Use, you and DAA each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the federal or state courts in the District of Columbia for any disputes between us under or arising out of these Terms of Use. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Use and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against DAA must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms of Use and is hereby disclaimed.

10. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of these Terms of Use will cause irreparable injury to DAA, such injury would not be quantifiable in monetary damages, and DAA would not have an adequate remedy at law. You therefore agree that DAA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that DAA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to DAA to enforce any provision of these Terms of Use. You agree that these Terms of Use are for the benefit of you and DAA as well as DAA's licensors, affiliates, or subsidiaries. Accordingly, these Terms of Use are personal to you, and you may not assign your rights or obligations to any other person or entity without DAA's prior written consent. Failure by DAA to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver by DAA of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in these Terms of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government law or regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and DAA as result of these Terms of Use or your utilization of the Site. Headings herein are for convenience only. These Terms of Use, along with the DAA's Privacy Policy, represents the entire agreement between you and DAA with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and DAA with respect to the Site. Unless otherwise agreed to by DAA, please note that DAA reserves the right to change the terms and conditions of these Terms of Use by providing you notice or a copy of such revised version of these Terms of Use. Your continued use of the Site will be conclusively deemed acceptance of any change to these Terms of Use or the Site.