© 2018 Direct Line (DL)

DIRECT LINE

Website & Privacy Policies 

Terms of Use

1. Modification. SMG Extol, Inc., a California corporation doing business as “Direct Line” reserves the right to modify these Terms of Use at any time without notice. By accessing this Site after any changes to these Terms of Use have been posted thereon, you will be deemed to have consented to all such changes.

 

2. Use. This Site is provided solely for the use of current and potential Direct Line customers to interact with Direct Line and may not be used by any other person or entity, or for any other purpose. By registering on this Site as a customer of Direct Line, you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current. Direct Line’s Privacy Policy governs the use of information acquired from you through this Site.

 

3. No Implied License. This Site and any associated software, files, data, content, documentation, or any other materials provided by Direct Line (collectively “Associated Materials”) are protected by United States and international copyright, trademark and other laws. All rights reserved. Direct Line does not convey to anyone, through allowing access to this Site, any ownership rights in this Site or in the Associated Materials appearing on or made available through this Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of this Site or the Associated Materials.

 

You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain.

 

4. Conduct. You agree not to use this Site or the Associated Materials to: (a) restrict or inhibit others from using and enjoying this Site; (b) transmit or upload unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation; (c) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (d) transmit or upload any virus or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (e) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (f) gain unauthorized access to other accounts on this Site, other computer systems or networks; (g) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use this Site; or (h) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You, and not Direct Line, shall be responsible for ensuring that your use of this Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. laws regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site. Direct Line shall have the right, but not the obligation, to monitor or review your conduct on this Site.

 

5. Feedback. In the event that you provide Direct Line with any feedback or suggestions (“Feedback”) regarding the functionality and/or performance of this Site or the Associated Materials, Direct Line shall have a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.

 

6. Links to Third-Party Sites. This Site may contain links to websites operated by parties other than Direct Line. Such links are provided for your convenience and reference only. The linked sites are not under the control of Direct Line, and Direct Line is not responsible for the contents of any linked site or any link contained in a linked site. 

 

7. Indemnification. You shall indemnify, defend and hold harmless Direct Line, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to: (a) your use of this Site or the Associated Materials; and (b) any breach or non-compliance by you of these Terms of Use. Direct Line shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Direct Line.

 

8. Disclaimer of Warranty. THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DIRECT LINE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE. DIRECT LINE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIRECT LINE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS.

 

9. Limitation of Liability. DIRECT LINE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH DIRECT LINE OR THIS SITE AND THE ASSOCIATED MATERIALS, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THIS SITE AND THE ASSOCIATED MATERIALS OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THIS SITE AND THE ASSOCIATED MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF DIRECT LINE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL DIRECT LINE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

10. Limitation of Legal Actions Against Direct Line. You agree that any claim or cause of action arising from use of this Site and/or products or services provided by Direct Line must be filed within one year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. 

 

11. Third Party Rights. These Terms of Use are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.

 

12. Termination. You agree that Direct Line, at its sole discretion, may terminate your access to this Site and your account, if any, at any time and without prior notice for any reason. Direct Line may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. Further, you agree that Direct Line shall not be liable to you or any third-party for any termination of your access to this Site and/or your account.

 

13. No Business Relationship Created By Your Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Direct Line as a result of your use of this Site.

 

14. No Waiver. The failure of Direct Line to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

15. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

 

16. Governing Law and Jurisdiction. These Terms of Use shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of the State of California including all matters of construction, validity, performance and enforcement. The parties agree that the exclusive jurisdiction and venue of any action between the parties arising out of, or in any way connected with the provisions of these Terms of Use, the subject matter hereof, the parties mutual rights and obligations arising heretofore or hereafter or the performance of any of the terms and conditions hereof by either of the parties hereto shall be the Superior Court of California for the County of Alameda and the United States District Court for the Northern District of California, as applicable, and each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding.

Privacy Policy

 

1. Purpose of Information Collected. Direct Line collects Customer Registration Data in order to provide you with a safe, smooth, efficient, and customized experience. Direct Line only collects Customer Registration Data about you that it considers necessary for achieving this purpose.

 

2. Information Collected. You can browse this Site without telling Direct Line who you are or revealing any Customer Registration Data about yourself. During your visit, Direct Line automatically tracks certain information based upon your behavior on this Site. Direct Line uses this information to do internal research on its users’ interests, and behavior to better understand, protect and serve you. This information may include the URL that you just came from (whether the URL is on this Site or not), your computer browser information, your computer operating system and your IP address.

 

Direct Line uses data collection devices such as “cookies” on certain pages of this Sites to help analyze its web page flow, measure promotional effectiveness, and promote trust and safety. Cookies are small files placed on your hard drive. Direct Line offers certain features that are only available through the use of a cookie. Most cookies are “session cookies” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on this Sites and you may be required to reenter your password more frequently during a session. 

 

If you choose to use Direct Line’s services, we require you to provide contact and identity information, billing information (including credit card information), shipping information and other Customer Registration Data as indicated on the forms throughout this Site (collectively “Customer Registration Data”).

 

3. Our Use of Your Information. Direct Line uses your Customer Registration Data to facilitate the services you request. We use your Customer Registration Data in the file we maintain about you and other information we obtain from your current and past activities on this Sites to: resolve disputes; troubleshoot problems; help promote security; inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect against error, fraud and other criminal activity; and as otherwise described to you at the time of collection.

 

You agree that Direct Line may use your Customer Registration Data to contact you and deliver information to you that, in some cases, are targeted to your interests, such as marketing literature, product offerings, and communications relevant to your use of this Site. 

 

If you do not wish to receive these communications, you can “opt out” of the receipt of follow up communications on the email notification or make changes to your notification preferences at any time as detailed in Section 7.

 

4. Our Disclosure of Your Information. Direct Line does not sell, rent, trade or disclose any of your Customer Registration Data to third parties for their marketing purposes without your explicit consent. Notwithstanding the above, Direct Line reserves the right to release Customer Registration Data when: (a) it believes that the law requires it to do so; (b) when it believes it is necessary to protect and/or enforce the rights, property interests, or safety of Direct Line, its customers and others; and (c) in connection with the sale of Direct Line to a third party who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party.

 

5. Security. Direct Line is committed to taking reasonable steps to protect the Customer Registration Data that you provide. Your information is stored on Direct Line’s servers located in Fremont, California, United States of America. We use procedural and technical safeguards to protect your Customer Registration Data, including encryption, “firewalls” and Secure Socket Layers, against loss or theft as well as unauthorized access and disclosure.

 

However, perfect security does not exist on the Internet. Direct Line cannot ensure that all of your private communications and other Customer Registration Data will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your Customer Registration Data, we do not promise, and you should not expect, that your Customer Registration Data or private communications will always remain private.

 

6. Control of Your Password. You are responsible for all actions taken with your User ID and password, including changes or access to your account. Therefore we recommend that you do not disclose your User ID and password to any third parties. If you choose to share your User ID and password or your Customer Registration Data with third parties, you are responsible for all actions taken with your account. If you lose control of your password, you may lose substantial control over your Customer Registration Data and may be subject to legally binding actions taken on your behalf. 

 

If your password has been compromised for any reason, you should immediately change your password as detailed in Section 7.

 

7. Accessing, Reviewing and Changing Your Customer Registration Data. Direct Line offers you the ability to automatically review and change the information you submit to us by going the preferences and setup section in User Preference on Direct Line’s customer web sites and entering in the new information yourself. You must promptly update your Customer Registration Data if it changes or is inaccurate.

 

If you believe your password or Customer Registration Data has been compromised and you can not access your account via the internet, call 1-510-413-9055 or email frontdesk@dlcomm.com.

 

Upon your request, Direct Line will deactivate your account, contact information, billing information, shipping information, and financial information from its active databases. To make this request, email frontdesk@dlcomm.com. Such information will be deactivated as soon as reasonably possible based on your account activity and in accordance with its deactivation policy and applicable law. Direct Line will retain in our files some Customer Registration Data to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce its agreement and comply with legal requirements as is permitted by law.

 

8. Governing Law and Jurisdiction. This Privacy Policy shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of the State of California including all matters of construction, validity, performance and enforcement. The parties agree that the exclusive jurisdiction and venue of any action between the parties arising out of, or in any way connected with the provisions of this Privacy Policy, the subject matter hereof, the parties mutual rights and obligations arising heretofore or hereafter or the performance of any of the terms and conditions hereof by either of the parties hereto shall be the Superior Court of California for the County of Alameda and the United States District Court for the Northern District of California, as applicable, and each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding.

April 2018