DATE OF LAST REVISION: AUGUST 9, 2016

Welcome to DIRECT APPROACH SOLUTIONS. The DIRECT APPROACH SOLUTIONS website located at http://www.directapproachsolutions.com, its affiliate sites, subdomains, mobile version(s), and any associated applications (collectively, the "Website") are operated by Direct Approach Solutions, LLC and its affiliates (collectively, "us", "we" or "Direct Approach", "DAS" or "DA Solutions").

Your access and use of the Site is subject to the following terms and conditions (the "terms and conditions") and all applicable laws. By accessing or using the Website, you ("you" or "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether you are a "Visitor" (which means that you simply browse the Website without being a registered user) or a "Member" (which means that you are a registered user of the Website). If you do not agree with all of the terms and conditions set forth below, you may not use any portion of the Site.

Please read this Agreement carefully. This Agreement sets out the legally binding terms of your use of the Website. Your use of the Website constitutes your understanding, acceptance and agreement to these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use or the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the "Date of Last Revision" date of these Terms of Use or by otherwise posting on the Website, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. This Agreement includes and incorporates the Website’s Privacy Policy located at http://www.directapproachsolutions.com/privacy-policy.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes. You agree that Direct Approach shall not be liable to you for any delay or other damages that might result from any changes to the Terms of Use, if any.

We reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or other information and/or deny, restrict, suspend, or terminate your access to all or any part of the Website if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Website and/or its other users.

1. Eligibility

Use of the Website and registration to be a Member of the Website is void where prohibited. You must be the age of majority in your state of residence to use this Website. This means you must be at least 18 years of age and older in most states, except for Alabama and Nebraska, where you must be at least 19 years of age, and Mississippi, where you must be at least 21 years of age. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The Website requires certain Users seeking to use its services to complete an employment profile for validation by the Website. The Website reserves the right to decline its services to any User for any reason and without explanation based upon its findings in validating the User’s profile.

2. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Website or are a Member. You may terminate your membership ("Membership") at any time, for any reason, by following the instructions on the Website. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of the Website, and Direct Approach shall in no way be responsible to you for such termination. Even after Membership is terminated, this Agreement will remain in effect.

3. Unauthorized Use of Site

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without our prior written consent.

4. Registration and Passwords

In order to access certain services on the Website, you may be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, including information collected via social media connectivity, please read our Privacy Policy located here.

5. Services / Limitation on Liability

The Website acts as a medium for the targeted matching of individuals seeking job and employment opportunities ("Candidate" or "Candidates") with those offering such job and employment opportunities ("Company" or "Companies").

Direct Approach prides itself on integrity. We verify information received from Users to the best of our knowledge and ability. We rely on Users to be honest and inform us of any misrepresentation, and to help keep the integrity of our service. Notwithstanding the foregoing, Direct Approach makes no warranties as to the quality, safety or legality of jobs, resumes or other User Content (as defined in Section 6 of this Agreement), Candidates and/or Companies, matched, transmitted by or identified through the Website. Direct Approach shall not be responsible for any employment hiring decisions, made by a Company or other entity for any reason, in connection with job opportunities transmitted through the Website. By your use of the Website you agree and acknowledge to be solely responsible for the accuracy, substance and veracity of any User Content that is submitted or transmitted through the Website.

DIRECT APPROACH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. IN NO EVENT SHALL DIRECT APPROACH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTIES CONNECTED WITH THE WEBSITE (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE FOR ANY DAMAGES, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT DAMAGES, DAMAGES FOR LOST PROFITS, LOST BUSINESS, LOSS OF REVENUE OR LOSS OF USE, AND ANY OTHER LOSSES OR EXPENSES ARISING OUT OF OR RELATED TO ANY USE, WHATSOEVER, OF THE WEBSITE OR OF ANY INFORMATION TRANSMITTED THROUGH, SUBMITTED ON OR RECEIVED FROM THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, RELEASED PARTIES’ ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE WEBSITE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Registration Information

In consideration of their use of the Website, Candidates:

  1. agree to provide accurate, current and complete information as prompted by any registration forms on the Website ("Registration Information");
  2. agree to maintain and promptly update the Registration Information, and any other information provided to us, to keep it accurate, current and complete;
  3. consent to submit a profile for validation as described in Section 1 of this Agreement;
  4. agree to maintain the security of their password and identification;
  5. agree to be fully responsible for all use of their account and for any actions that take place using their account;
  6. understand that misrepresentation may preclude use of the Website in the future and may result in removal from the database;
  7. understand that Direct Approach does not guarantee placement of Candidates;
  8. consent to being contacted by a Website professional for purposes of seeking feedback to ensure and evaluate the quality of its services; and
  9. consent to being contacted by Companies in connection with the services provided by the Website.

In consideration of their use of the Website, Companies:

  1. agree to provide accurate, current and complete Registration Information;
  2. agree to maintain and promptly update the Registration Information, and any other information provided to us, to keep it accurate, current and complete;
  3. agree to maintain the security of their password and identification;
  4. agree to be fully responsible for all use of their account and for any actions that take place using their account;
  5. understand that misrepresentation may preclude use of the Website in the future;
  6. understand that Direct Approach does not certify information received from Candidates and does not guarantee placement of Candidates; and
  7. consent to being contacted by a Website professional for purposes of seeking feedback to ensure and evaluate the quality of its services; and
  8. consent to being contacted by Candidates in connection with the services provided by the Website.

7. Proprietary Rights in Site Content; Limited License

  1. Direct Approach is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs, applications, text, graphics, pictures, video, information, music, sound and other files, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein (the "Site Content") with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Direct Approach's prior written permission, except that the foregoing does not apply to your own User Content (as defined in Section 8 of this Agreement) that you legally submit to the Website.
  2. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined in Section 8 of this Agreement), you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Direct Approach, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

8. User Content

Direct Approach does not claim any ownership rights in any text, resumes, files, documents, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you submit to the Website ("User Content"). After directly submitting your User Content to the Website, you continue to retain any ownership rights that you may have in your User Content, subject to the limited license below. By submitting any User Content on or through the Website, you hereby grant to Direct Approach a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the Website, including without limitation distributing part or all of the Website in any media formats and through any media channels solely for the purposes set forth in these Terms of Use. After you remove User Content from the Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.

  1. The license you grant to Direct Approach is non-exclusive (meaning you are free to license User Content to anyone else in addition to the Website), fully-paid and royalty-free (meaning that Direct Approach is not required to pay you for the use on the Website of the User Content that you post), sublicensable (so that Direct Approach is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Website services), and worldwide (because the Internet and the Website services are global in reach).
  2. You represent and warrant that: (i) you own the User Content submitted by you on or through the Website or otherwise have the right to grant the license set forth in this Section 8, and (ii) submission of User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Website.
  3. The Website contains content created or posted by Direct Approach ("the Website Content"). The Website Content is protected by copyright, trademark, patent, trade secret and other laws, and Direct Approach owns and retains all rights in the Website Content. Direct Approach hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Website Content (excluding any software code) solely for your personal use in connection with your use of the Website.
  4. The Website contains User Content and other content of the Website licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website.
  5. The Website performs technical functions necessary to offer the services on the Website, including but not limited to transcoding and/or reformatting content to allow its use throughout the Website.
  6. Direct Approach is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion. Direct Approach will make all determinations as to what Content is appropriate in its sole discretion. Direct Approach may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Direct Approach violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Direct Approach assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time Direct Approach chooses, in its sole discretion, to monitor the Website, Direct Approach nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
  7. You are solely responsible for the User Content that you submit to the Website.

9. Prohibited Content/Activity

The following are examples of the kind of content that is illegal or prohibited to submit to the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Direct Approach:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. publicly posts information that poses or creates a privacy or security risk to any person;
  7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";
  10. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  13. involves commercial activities and/or sales without prior written consent from Direct Approach such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph or video of another person that you have posted without that person's consent;
  15. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Website;
  3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website;
  4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  5. covering or obscuring the banner advertisements on any Website page via HTML/CSS or any other means;
  6. any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages;
  7. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  8. impersonating or attempting to impersonate another Member, person or entity;
  9. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  10. selling or otherwise transferring your profile;
  11. using any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  12. accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website on behalf of that person; or
  13. using the Website in a manner inconsistent with any and all applicable laws and regulations.

10. Copyright Policy

The Website has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Direct Approach removes material to comply with the DMCA ("Removed Content"), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any subscribers or account holders and/or block access to the Website of any subscribers or account holders who repeatedly infringe the copyrights of others.

Digital Millennium Copyright Act (DMCA) - Infringement Notification

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

  1. Detailed identification of the copyrighted work that you believe has been infringed.
  2. Detailed identification of the material you claim infringes this copyrighted work.
  3. Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
  4. The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  5. Your signature.

Send the Infringement Notification to the following address:

By email: support@directapproachsolutions.com

By mail:
Direct Approach Solutions, LLC
120 N. Broadway, #21-D
Irvington, NY 10533

Digital Millennium Copyright Act (DMCA) - Counter Notification

The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:

  • Detailed identification of the material the Website has removed.
  • Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Your signature.

Send the Counter Notification to the following address:

By email: support@directapproachsolutions.com

By mail:
Direct Approach Solutions, LLC
120 N. Broadway, #21-D
Irvington, NY 10533

11. Terms of Sale

Certain products and services may from time to time be made available to you by us through the Website. By purchasing any products or services through the Website, you signify that you have read, understand and agree to be bound by the Terms of Sale in this Section 11 in effect at the time of purchase ("Terms of Sale"). These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Website. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Website.

  1. Purchase Qualifications; Account Security
    To make a purchase on the Website, you must comply with these Terms of Sale (including the Terms of Use). You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. We reserve the right to refuse or cancel orders or terminate accounts, at any time at our sole discretion.

    Payment Method and Terms
    By submitting an order through the Website, you authorize our designated payment processor to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
  2. Product and Service Descriptions and Availability, Errors
    Direct Approach and its suppliers continually upgrade and revise their products and services to provide you with new products and services. Direct Approach or its suppliers may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Direct Approach shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Direct Approach reserves the right to substitute items of equal or greater value when an item or service is unavailable or Direct Approach may cancel the order.

    We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your credit card. The Website reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to support@directapproachsolutions.com .
  3. Taxes
    Companies are responsible for payment of all applicable taxes in connection with any purchases they make on the Website.
  4. Third Party Suppliers
    Parties other than Direct Approach ("third party suppliers") may provide services for sale on the Website. We may also provide links to the sites of third party suppliers. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third party supplier or the content of their websites. Such information is provided 'as is' without express or implied warranty, and you use such information at your own risk. We do not assume any responsibility or liability for the actions, products or services of any such third party supplier. Your legal rights in respect of any third party supplier are governed by applicable laws and by any contracts, agreements or understandings which you enter into with the third party supplier, including without limitation the applicable third party supplier’s terms of use.

Candidate and Company Disputes

Candidates are solely responsible for their interactions with Companies, and Companies are solely responsible for their interactions with Candidates. We reserve the right, although we have no obligation, to monitor disputes between Candidates and Companies, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Candidate or Company.

Disclaimers / Limitation on Liability

  1. Released Parties are not responsible for any incorrect or inaccurate User Content or any other third party content submitted to the Website, whether made or caused by Users, Members, corporate partners or by any of the software, equipment or programming associated with or utilized in the operation of the Website.
  2. RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. WHILE DIRECT APPROACH USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, DIRECT APPROACH MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND DIRECT APPROACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DIRECT APPROACH DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DIRECT APPROACH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIRECT APPROACH SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. DIRECT APPROACH DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  3. RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER OR MEMBER COMMUNICATIONS. RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE.

Disputes/Governing Law

THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THESE TERMS OF USE. YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK.

FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK, WHICH SHALL HAVE EXCLUSIVE JURISDICTION FOR THE RESOLUTION OF ANY SUCH DISPUTE.

Indemnity

You agree to indemnify and hold Direct Approach and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Website (including the submission by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

No Ideas Accepted

Direct Approach does not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and Direct Approach assumes no obligation, expressed or implied, by considering it. You further understand that Direct Approach shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Direct Approach. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Direct Approach an irrevocable, perpetual, worldwide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

International Access

The Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Other

This Agreement, together with our Privacy Policy, and any notices regarding the Website sent to you or posted on the Website, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

Contact Information

If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to access to or use of the Website, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

E-mail: support@directapproachsolutions.com

Mailing address: Direct Approach Solutions, LLC
120 N. Broadway
#21-D
Irvington, NY 10533

Telephone: 800-401-1469