Privacy Policy
Privacy Commitment.
a. DDM Materials, Inc. and its subsidiaries ("DDM") are committed to protecting the privacy of visitors to its websites ("Sites"). To accomplish this, DDM has implemented a comprehensive Privacy Policy that governs all information collected on or submitted to DDM's Sites. This Privacy Policy (“Policy”) is available by links located on the homepage for the Sites, as well as every point when personal information may be requested.
b. Any person accessing, browsing, or otherwise using, either manually or via an automated device or program, to the extent permitted hereunder, is a "User" for purposes of this Policy and may be referred to as "User," "Users" or "You" in this Online Privacy Policy. You are bound by the terms of this Policy. By accessing, browsing or using any of the Sites, You acknowledge that You have read, understood and agreed to the terms and conditions of this Policy. IF YOU ARE DISSATISFIED AND/OR DO NOT AGREE TO THE PROVISIONS OF THIS POLICY AND ALL OF ITS PROVISIONS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THIS SITE.
c. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, DDM has put in place what DDM believes are commercially reasonable and sufficient physical, electronic and managerial procedures to safeguard and secure the information DDM collects through its Sites, including Confidential Information. However, DDM cannot guarantee and has no control over the public, in certain cases, or third-party network through which You may send Confidential Information to the Sites.
d. This Policy is subject to change. Any changes to this Policy will be posted on this Site. All information submitted through the Sites to DDM is subject to the terms and conditions of this Policy, as amended. This Policy was last updated on January 3, 2025.
Information Which May Be Collected and How It May Be Used.
a. Non-Personal and Aggregated Information Collected Automatically. When You visit the Sites, DDM may log general data, such as Your domain name (e.g., DDMinspection.com), the name of the Web page from which You entered the DDM Site, which pages You visit on the Sites and how much time You spend on each page. We may use this information to continually monitor and improve the Sites and for internal analyses. We may use IP addresses to analyze trends, administer the Sites, track Users' movement and gather information for aggregate use.
b. Submission of Personal Information. DDM collects information which Users may submit to DDM on a form such as name, address, telephone number, email address and other information ("Personal Information"). Any Personal Information You submit to the Sites will be treated and processed by DDM only in accordance with this Policy. Any time You submit Personal Information for a specific purpose using the Sites, Your information is used for that purpose only, unless You consent otherwise or as required by law. By submitting any Personal Information to the Sites, You consent to DDM holding and processing that information, both electronically and manually.
c. Financial Information. DDM may maintain a portal on its Sites for customers to use to order material, request quotes, view invoices, and make payments. Any of Your financial information which is submitted to or through the Sites will only be utilized by DDM. DDM complies with all cyber security requirements of its insurance company and financial processors. DDM also does not store Your credit card or bank information anywhere except for physical paper or through its payment processors.
d. Cookies. The term "cookie" refers to files that are transferred from a website to Your computer's hard drive. See http://www.cookiecentral.com for information about cookies.
i.) Some (usually newer) versions of Web browsers allow You to decide whether or not to accept cookies and some programs notify You when a website is about to deposit a cookie on Your hard drive. If You decide not to accept cookies, You may not be able to successfully navigate some portions of the Sites.
ii.) DDM may use cookies for the customized presentation of Web pages. We do not use cookies to retrieve information from Your computer that was not originally sent in the cookie, nor does DDM use information transferred through cookies for any promotional or marketing purposes, except as expressly set forth in this Policy or as You may otherwise agree.
Sharing Information.
a. Unless DDM has Your permission or is required by law, DDM only shares the personal information You provide through the Sites with DDM and/or business partners that are acting on DDM's behalf. DDM makes every reasonable effort to ensure that such DDM business partners protect Your personal information consistent with this Policy. DDM does not share Your personal information with third parties or sell Your personal information to third parties. DDM also does not disclose personal information to other users of the Sites.
Opt-Out Policy.
You may request not to be contacted by DDM in connection with any new services, updates, promotions, news, or system outages. Such "opt out" requests should be sent to the address indicated on any such material or by replying to such material.
Linked Internet Websites.
The Sites may provide hyperlinks which, when clicked, take You to another place within the document, to another document altogether, or to other websites not controlled by DDM. These hyper-linked websites may contain privacy provisions that are different from those provided herein. DDM is not responsible for the collection, use or disclosure of information collected through these websites.
Correcting, Amending, or Deleting User Information.
DDM honors requests from you to correct, amend, or delete Your account information (for example, Your name, address, etc.). You may verify that appropriate corrections have been made. To protect Your privacy and security, DDM will also take reasonable steps to verify Your identity before granting access or making corrections.
Certain jurisdictions have specific legal requirements and grant privacy rights with respect to personal information, and we will comply with restrictions and any requests you submit as required by applicable law. For example, you may have the right to review, correct, and delete personal information we have about you, or to consent or withdraw consent to certain uses or sharing of personal information. You may be able to use a Site to access and update the personal information that you have provided to us through your use of a site or otherwise.
When you make a request, we may require that you provide information and follow procedures so that we can verify a request you make and your jurisdiction before responding to it. The verification steps we take may differ depending on your jurisdiction and the request. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us verify your request.
We will respond to your request within the time period required by applicable law. In certain circumstances, we may not be able to fully address your request, and we will notify you in that event.
Contacting DDM:
If you have any questions about this Policy, the practices of the Sites, or Your dealings with the Sites, You can contact:
DDM Materials, Inc.
P.O. Box 245
Valley View, TX 76272-0245
(940) 726-1122
TERMS AND CONDITIONS
This document (which refers to itself as the “Agreement”) is a legal, binding contract between you and us that governs your use of our web sites and the advertising and listing services offered through our web sites (which this Agreement collectively refers to, in whole and in part, as “Services”). By using this web site, you consent to each and every term of this Agreement. You agree that by using the Services, you accept the terms of this Agreement. You agree that if, at any time, you do not agree to or cannot comply with the Agreement, then your only remedy is to stop using the Services.
References in these terms of use to “we,” “us,” and “our” means DDM Materials, Inc. and its employees, contractors, and representatives. References in this policy to “you” or “your” means the party accepting this Agreement, as well as any other individuals or entities with whom the accepting party is affiliated. If the accepting party is an advertising agency, “you” or “your” refers to both the agency and its client.
You agree and acknowledge that we reserve our right to modify these terms from time to time and in our sole discretion, and that, unless explicitly stated otherwise, any new features added to the current Services automatically are subject to the then currently effective Agreement.
We reserve all rights not expressly granted to you in this Agreement.
You must be at least 18 years of age to agree to and enter into this Agreement and register to use any of the Services. If you are under 18, you must present this Agreement to your parent or legal guardian, and they must accept and agree to and enter into this Agreement on your behalf.
By accepting this Agreement, you represent that: (i) you have read, understood, and agree to be bound by this Agreement; and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of a child in your legal care, you promise, agree, and acknowledge that you are fully responsible for the child’s use of the Services, including all financial charges and legal liability that the child may incur. If you do not agree to, or cannot comply with, any of these terms and conditions, do not check the acceptance box, do not attempt to access the Services, and do not allow the child to attempt to access the Services.
1. SERVICE OPTIONS; MINIMUM TERMS. A “basic listing” consists of your company information, e-mail address, web site link, and map link. A “listing upgrade” will permit you to create your own page within our web site where you can customize content (up to 200 words), upload pictures (up to five), add coupons, and make other changes to your information and advertising. A listing upgrade will place your business above the basic listings in your category and will be randomly rotated with the other listing upgrades in your category. Additionally, we offer “banner” and “spotlight” ad space reservations to increase the visibility of your business. No minimum term is required for basic listings. A minimum one (1) year contract is required on all purchases of listing upgrades. A minimum three (3) month contract is required on all banner and spotlight ad space reservations.
2. PRICING. Basic listings on our web site are free of charge. Listing upgrade and banner and spotlight ad space reservations are priced at the current rates and units of space indicated in our current pricing sheet . Upon purchase of the Services, rates are guaranteed for the term of the Services purchased as set forth in Section 1.
3. PAYMENT. All payments are due and payable at the beginning of the month during which the Services are being provided. You are required to provide us with credit card billing information and hereby authorize us to charge such credit card monthly for the applicable amount of the Services to which you subscribe. Your payment does not discharge you from potential liability to us. Our rights shall in no way be affected by any dispute or claim between you and us, or your payment for the Services.
3. COMMISSIONS. If you are an agency recognized by us that is acting on behalf of your client, you may be entitled to a commission of 15%. This commission is paid only on banner and spotlight ad space reservations, and not on business listing upgrades.
4. REFUNDS. We do not offer full or partial refunds for your use of the Services.
5. ORDER PLACEMENT; ACCEPTANCE. No orders placed by you will be valid until we have accepted them. Acceptance is based upon satisfactory review of the content of your advertisement and is in our sole and absolute discretion. There is no guaranteed time by which we may accept your order. If your order is not accepted, you will be notified by e-mail. Orders for web advertising containing restrictions or specifying positions, facings, editorial adjacencies, or other requirements may be accepted and inserted but acceptance of the same will be in our sole and absolute discretion. You may not use any advertisement space either directly or indirectly for any business organization, enterprise, product, or service other than that for which the advertising space is provided by us, nor may you authorize any other party to use any advertising space.
6. CONTENT. Advertisements that simulate editorial website content must be clearly defined and labeled “ADVERTISEMENT” and we may, in our sole and absolute discretion, so label such copy.
7. Cancellation by Us. We reserve the right, in our sole and absolute discretion and at any time, to cancel any advertising or listing order or reject any advertising or listing copy, whether or not the same has already been acknowledged and/or previously published. In addition, we reserve the right to remove any advertisements or listings containing matter that we or online visitors deem objectionable or not appropriate for the web site, or for no reason at all. In the event only one of many advertisements by you is removed, we reserve the right to cancel all advertisements placed by you. In the event of such cancellation or rejection by us during an advertising period, no refund will be provided to you for partial advertising periods paid for but not used.
8. CANCELLATION BY YOU. You may cancel your order at any time by sending a cancellation e-mail to sales@ddmmaterials.com. Your listing or ad space will then be removed from our web site within 72 hours. In the event of such cancellation by you during an advertising period, no refund will be provided to you for partial advertising periods paid for but not used.
9. REPRESENTATIONS.
A. Authority. In the event an order is placed by you for yourself or on behalf of your client, you and you client, as applicable, warrant and represent that you and your client, as applicable, has full right and authority to place an order for the Services and that all legal obligations arising out of the placement of your order will be binding on you and your client, as applicable.
B. No Violation of Laws. You and your client, as applicable, represent that any advertising submitted to us complies with all applicable laws and regulations and does not violate the rights of, and is not harmful to, any person or business entity.
10. INDEMNITY. As part of the consideration to induce us to publish your advertisement online, you and your client, as applicable (herein, “Indemnitors”), agree to defend, indemnify, and hold harmless us and our employees, agents, and/or affiliates from any and all actions, suits, claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (i) Indemnitor’s or its employees’ or subcontractors’ failure to comply with applicable laws and regulations, or negligence, gross negligence, or willful misconduct in connection with the Services and in the performance of this Agreement; (ii) any breach or alleged breach by Indemnitor of any third-party contract entered into by Indemnitor as a result of its performance of use of the Services; (iii) any alleged infringement of the copyright, intellectual property, trade secret or other rights of any third party arising out of the placement of advertisements or content by Indemnitor as contemplated under this Agreement; (iv) any violation or alleged violation of the right of privacy, publicity or similar rights of any individual or other third party arising out of the placement of advertisements or content by Indemnitor as contemplated under this Agreement; (v) any libel or slander or alleged libel or slander of any third party arising out of the placement of advertisements or content by Indemnitor as contemplated under this Agreement; (vi) any alleged unauthorized use or misappropriation by Indemnitor of any advertising idea, title, or slogan; and (vii) any alleged piracy or plagiarism by Indemnitor arising out of the placement of advertisements or content by Indemnitor as contemplated under this Agreement.
11. LIMITATION ON LIABILITY; DISCLAIMER OF WARRANTIES. You acknowledge that you are using the Services at your own risk. The Services are provided on an “as is” and “as-available” basis. We hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the SERVICES. We do not represent or warrant that access to the Services will meet your specific requirements, be uninterrupted, timely, or secure, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through use of the Services.
We shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this Agreement, the providing of the Services hereunder, the sale or purchase of any goods or merchandise, your access to or inability to access the Services, including for viruses alleged to have been obtained through use of the Services, your use of or reliance on the Services or any of the merchandise, information or materials available through the Services, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release us and our affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.
Our aggregate liability to you under this Agreement will in no event exceed the charges for the Services received by us with respect to the affected time period.
12. COPYRIGHT. The copyright in any advertisement created by us is owned by us, and may not be otherwise used by the you without our prior written consent. You agree that any advertisements published online may, at our option, be included in all media, whether now in existence or hereafter developed, in which the web site containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part.
13. Governing Law. All issues relating to or arising from this Agreement will be governed by the laws of the State of Texas and applicable to contracts to be performed entirely therein. Any action relating to or arising from this Agreement must be brought in the state or federal courts located in Dallas County, Texas, and the parties hereby consent to the jurisdiction of such courts.
14. COSTS AND FEES. You agree to reimburse AMERICAN BIRTHDAYS for its attorneys’ fees and costs in collecting any unpaid charge or portion of the charge for any advertisement placed pursuant to this Agreement.
15. NOTICE. Any notice required to be provided to the other party shall be deemed effective when delivered by e-mail transmission.
16. FORCE MAJEURE. If the performance of this Agreement or any obligation hereunder, except the making of payments hereunder, is prevented or delayed by a force majeure event, as defined herein below, the nonperforming party, upon giving prompt notice of the force majeure event to the other party, shall be excused from such performance to the extent of such prevention or delay; provided, however, that the nonperforming party shall use its best efforts to avoid or remove such causes of non-performance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. Notwithstanding the foregoing, either party may terminate this Agreement if the non-performance caused by the force majeure event exceeds a period of thirty (30) calendar days. As used herein a “force majeure event” shall be defined as acts of God or of any public enemy, terrorist act, war, civil disturbance, military action, action of a court or governmental authority, earthquakes, fire, volcanic eruption, hurricane, tornado, explosion, epidemic or other similar causes beyond the reasonable control of the nonperforming party.
17. ASSIGNMENT. You may not assign your interest or obligations herein without our prior written consent, which consent may be withheld in our sole and absolute discretion. We shall have the right to assign or transfer our rights under this Agreement to any of our subsidiaries or any company with which we may be merged or consolidated.
18. WAIVER. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision or any other or subsequent term, condition, instruction, breach, right or privilege. If any portion of this Agreement is declared invalid by a court of competent jurisdiction, the remainder shall continue in force. The invalidated portion shall be replaced by a mutually agreed upon provision coming closest to the intention and terms of the stricken language.
19. ENTIRE AGREEMENT. The foregoing terms and conditions shall govern the relationship between us and you. Neither party has made any representations to the other that are not contained herein. Unless expressly agreed to in writing by us, no other terms or conditions in contracts, orders, copy, instruction, or otherwise will be binding on us.