DMAchoice Website Terms of Use
  • Last Updated: October 17, 2022
  • Your use of the websites and services on which these terms reside (collectively, the “Site”), including the features and services made available through this Site, are subject to these terms of use (“Terms”). Please read these Terms carefully before using this Site. The Site is owned or controlled by The Association of National Advertisers, Inc. (collectively, "ANA"). This Site is intended for and applicable only for residents of the United States, age 18 or older. If you are from another jurisdiction or under 18 years of age, you may not use this Site. BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO ANA, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF NEW YORK LAW.

  • From time to time, we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.

  • ANA may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that ANA will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have submitted through the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.

  • 1. ANA Content

    Content on this Site that is provided by ANA or its licensors, including graphics, photographs, images, text, digitally downloadable files, trademarks, trade dress, logos, slogans, and the compilation of the foregoing (“ANA Content") is the property of ANA and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

    You agree not to download, display or use any ANA Content for use (a) in any publications, (b) in public performances, (c) on websites other than this Site, (d) in connection with products or services that are not those of ANA, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits ANA and/or its licensors or their respective services or brands, that dilutes the strength of ANA's or its licensor's intellectual property, or that otherwise infringes ANA's or its licensors' intellectual property rights. You further agree to in no other way misuse any ANA Content or third party content that appears on this Site.

  • 2. Use of the Site

    The following requirements apply to your use of the Site, including any submission or other materials provided by you (“User Content”): (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, invasive of the privacy of another person, abusive, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by ANA; (b) you will not collect, store, or submit any content that (i) contains personal information about another individual without such person's prior written authorization, (ii) violates the privacy of any other individual or entity, or (iii) anything that you are under a contractual obligation to keep private or confidential; (c) you will not use the Site for any commercial purpose not expressly approved by ANA in writing; (d) you will not impersonate any person or organization, including without limitation, the personnel of ANA, or misrepresent an affiliation with another person or organization; (f) you will not upload, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site, any computer software or hardware, or telecommunications equipment; and (g) you are further prohibited from using any data mining, crawlers, spiders, robots or similar data gathering, scraping or extraction methods in connection with the Site.

    By uploading or submitting any User Content on or through the Site, you hereby grant to ANA a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, reproduce, and distribute such User Content in connection with providing the Site, including the services and features therein, in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. You represent and warrant that you own all User Content submitted by you on the Site or otherwise have the right to grant the license set forth herein, and the disclosure of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You further represent that all information provided by you through this Site is true and accurate.

  • 3. Accounts, Passwords, and Security

    Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content or services. If you elect not to provide such information, you may not be able to access certain content, features or services of the Site, or any features at all.

    If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid email address and choose a sufficiently strong password. It is your responsibility to select a secure password, and to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify ANA immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. ANA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately. ANA is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

  • 4. Terms of Sale

    You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), and your billing address information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to ANA the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

    All descriptions, images, content, fees, or descriptions displayed or depicted on the Sites are subject to change at any time without notice. By making a purchase, you represent that your purchase was conducted in a lawful manner.

    ANA reserves the right, with or without prior notice, to do any one or more of the following: (i) limit or discontinue service; (ii) bar any user from making or completing any or all transaction(s); and (iii) refuse to provide any user with any service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your transaction(s).

    You understand and agree that you are charged at the time you place your order for services, and all purchases are non-refundable. Once a purchase is completed, changes cannot be made to the service unless otherwise indicated. For example, you may change the service address, opt-in to the receipt of commercial mailings, or cancel your service through your account. For questions on how to cancel your account, please contact us at the email below.

  • 5. Representations, Limitations of Liability, and Indemnity

    ANA makes no representations about the reliability of the features of this Site, the ANA Content or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Site will be at your own risk. ANA makes no representations regarding the amount of time that any ANA Content will be preserved. ANA makes no representation or warranties that any material, images, applications, or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or concerning inaccuracies, typographical errors or other defects on the Site or applications or material available on or through Site. You agree to use this Site, applications, and functions at your own risk.

    ANA does not endorse, verify, evaluate, or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by ANA (including its personnel and owners) without the prior review and written approval of ANA.

    THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANA, OR ANA ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ANA OR ANA ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ANA'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES WILL ANA OR ANA ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ANA'S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

    ANY SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

    You agree to indemnify and hold ANA, the Association of National Advertisers, Inc., their respective parents, subsidiaries, affiliates, and each of their respective officers, employees, members, agents and contractors (collectively, “ANA Entities”) harmless from and against any damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or any claims arising from the use of User Content you submitted or otherwise provided to ANA or this Site.

  • 6. Third Party Websites

    This Site may hyperlink to sites not maintained by or related to ANA. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or ANA, and ANA makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to that site's terms and conditions and privacy policy, and ANA has no control over how your information is collected, used, or otherwise handled.

  • 7. Binding Arbitration

    You and ANA agree that any controversy or claim (except for any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Site, and/or use of the Site, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Commercial Rules”) by a sole arbitrator, unless otherwise agreed by the parties. You can access the Commercial Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and ANA shall endeavor to agree upon the arbitrator, and if you and ANA fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

    YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NOT AS A MASS ARBITRATION. NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. Each party shall bear its own arbitration filing fees.

    The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

    The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney's fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.

  • 8. Miscellaneous

    Both you and ANA acknowledge and agree that no partnership is formed and neither of you nor ANA has the power or the authority to obligate or bind the other.

    These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms and/or the Site not subject to the arbitration provision set forth above will be subject to the federal and state courts located in the State of New York. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

    On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

    The failure of ANA to comply with these Terms because of an act of God, epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of ANA, shall not be deemed a breach of these Terms.

    If ANA fails to act with respect to your breach or anyone else's breach on any occasion, ANA is not waiving its right to act with respect to future or similar breaches.

    If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

    These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and ANA, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and ANA regarding the use of the Site and your account. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

  • Questions?

    If you have any questions about our Terms, please contact us at:

    Attention: DMAchoice
    2020 K Street NW, Suite 660
    Washington, DC 20006
    Or via email: ethics@ana.net