Terms of Use

ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.

A LA CARTE MARKETING takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit the A LA CARTE MARKETING Privacy Policy.

This document is an agreement between you and MIMI DAIVS, owner of A LA CARTE MARKETING (“A LA CARTE MARKETING”) that describes the terms of use (“TOU”) subject to which you may access and use the content offered on the websites operated by A LA CARTE MARKETING or its affiliates.  YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR OTHERWISE USING THE MATERIALS CONTAINED ON THE A LA CARTE MARKETING SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that A LA CARTE MARKETING reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the A LA CARTE MARKETING sites following the posting of changes to these TOU will mean you accept those changes.  A LA CARTE MARKETING reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate.  You acknowledge that A LA CARTE MARKETING shall have the right to terminate your access to the A LA CARTE MARKETING sites for violations of any of these rules, including infringement of copyright.

Personal, Non-Commercial Use: The A LA CARTE MARKETING sites are made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information or products obtained from the A LA CARTE MARKETING sites.

User Submissions:   A LA CARTE MARKETING may provide interactive areas on the Site in which users may post communications and have the opportunity to upload various forms of content to the Site which may include, but not be limited to, information, data, text, software, photographs, graphics, video, messages, tags, or other materials in connection with their use of the Services (“User Content”).  A LA CARTE MARKETING does not claim ownership of any User Content submitted and/or posted by users on the Site. However, by submitting your User Content, you give A LA CARTE MARKETING a royalty-free and non-exclusive license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content. You also permit any user to access, display, view, store and reproduce such content for personal use.

Visitors to the Site acknowledge that: (i) A LA CARTE MARKETING may not pre-screen User Content and, as such, A LA CARTE MARKETING does not guarantee the accuracy, integrity, or quality of such User Content; (ii) you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content; (iii) you may be exposed to User Content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will A LA CARTE MARKETING be liable in any way for any User Content posted by Registered Users or visitors to the Site, including, but not limited to, any errors or omissions in any such User Content, or for any loss or damages of any kind, including physical injury and death, incurred as a result of the use of any such User Content.

Any material, information or other communication you transmit or post to the A LA CARTE MARKETING sites will be considered non-confidential and non-proprietary communications. A LA CARTE MARKETING will have no obligations with respect to the communications. A LA CARTE MARKETING and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

In order to post comments on the Site, you will be required to login using a third-party service.  You must also comply with that third-party service’s terms of use.

Acceptable Use Policies:  In consideration of being allowed to access and use the Site, including the interactive features you agree not to:

  • impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of A LA CARTE MARKETING;
  • use an inappropriate member name of any kind;
  • target or harm minors in any way;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to fully utilize the Services;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • “stalk” or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by A LA CARTE MARKETING or submitted to A LA CARTE MARKETING. If A LA CARTE MARKETING is made aware of User Content that may be: (i) in violation of these Acceptable Use Policies, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) holds A LA CARTE MARKETING, its affiliates or third party content or product providers  open to scorn or ridicule, A LA CARTE MARKETING has the right, but not the obligation, to remove or disable access to such User Content.

Charges, Billing, Payment:  If there is a charge associated with any A LA CARTE MARKETING product or service that you have requested, you agree to pay that charge. The price stated for the product or service excludes all applicable sales, use and other taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges and agree to indemnify, defend and hold harmless A LA CARTE MARKETING from any failure to make such payments.  To pay the charges for a product or service, you will be asked to provide a payment method at the time of purchase. By providing A LA CARTE MARKETING with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize A LA CARTE MARKETING to charge you for the products using your payment method; and (iii) represent that you are not located in a country that is currently on the United States Government’s list of embargoed countries.  Any non-US currency exchange rates or calculations provided by A LA CARTE MARKETING in connection with a purchase is provided “as is” with no warranties of any kind.  A LA CARTE MARKETING shall have no liability to you for any errors or inaccuracies associated with any exchange rate or exchange rate calculation referenced on the A LA CARTE MARKETING sites.

A LA CARTE MARKETING Intellectual Property Rights:  All content and services on the A LA CARTE MARKETING sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of A LA CARTE MARKETING, its licensors, or other vendors. The Materials are protected by the United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of A LA CARTE MARKETING.

Trademarks and Copyright:  A LA CARTE MARKETING and the A LA CARTE MARKETING logo, and other marks related to A LA CARTE MARKETING products and services (“A LA CARTE MARKETING Marks”) are the exclusive and valuable property of A LA CARTE MARKETING or its affiliated companies or licensors. The A LA CARTE MARKETING Marks can only be reproduced or displayed with specific written permission from A LA CARTE MARKETING, and only in accordance with the policies and guidelines associated therewith. A LA CARTE MARKETING has made every effort to supply trademark information about company names, products, and services mentioned on the A LA CARTE MARKETING sites. All third party trademarks are the property of their respective owners.

Third-Party Content and Links: Certain A LA CARTE MARKETING sites may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for your convenience in making this third-party content available or accessible to you, you acknowledge that A LA CARTE MARKETING is not responsible for the third-party content. You also agree that A LA CARTE MARKETING IS NOT responsible or liable for any losses or damages you experience with any third-party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you.

Compliance with Laws:  By accessing or using the A LA CARTE MARKETING sites, you agree to comply with all laws, rules, and regulations implemented by any government authority or agency which govern or apply to the operation and use of the A LA CARTE MARKETING sites and any services offered therein. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the A LA CARTE MARKETING sites to countries or persons prohibited under the export control laws of the United States. A LA CARTE MARKETING makes no representation that the content on the A LA CARTE MARKETING sites is appropriate or available for use outside the United States. If you have chosen to access the A LA CARTE MARKETING sites from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Legal Disclaimers:  The A LA CARTE MARKETING sites and the information provided therein are for the convenience of users of the A LA CARTE MARKETING sites and for customers and potential customers of A LA CARTE MARKETING or its products. The information provided on the A LA CARTE MARKETING sites and the products described on the A LA CARTE MARKETING sites are subject to change without notice. A LA CARTE MARKETING DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE A LA CARTE MARKETING SITES. THE A LA CARTE MARKETING SITES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. A LA CARTE MARKETING DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE A LA CARTE MARKETING SITES, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE A LA CARTE MARKETING SITES. A LA CARTE MARKETING DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE A LA CARTE MARKETING SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, A LA CARTE MARKETING, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

LIMITATION OF LIABILITY:  UNDER NO CIRCUMSTANCES IS A LA CARTE MARKETING, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AVAILABLE ON THE A LA CARTE MARKETING SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF A LA CARTE MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the A LA CARTE MARKETING sites, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the A LA CARTE MARKETING sites.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

General Provisions:

Governing Law: These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Iowa, without giving effect to its conflict of laws provisions. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court located in Suffolk County, Iowa or the United States District Court for the District of Iowa, with respect to such matters.

If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.

Force Majeure: Under no circumstances shall A LA CARTE MARKETING, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

Entire Agreement: these TOU constitute the entire agreement between You and A LA CARTE MARKETING with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

These Terms of Use were last amended on OCTOBER 1, 2017.