DMC Management Services, LLC Web Site Use Agreement
Welcome to the Web site of DMC Management Services, LLC (which sometimes is referred to in this Agreement as “we” or “us” and also is sometimes referred to in this Agreement as “DMC”). Please read this Web Site Use Agreement before you use this Web site. By using this Web site, you agree to comply with all of the provisions of this Agreement. Therefore, if you are not willing to comply with this Agreement, you should not use this Web Site. We may change the terms of this Agreement from time to time, but we will not post any notice stating that we have made the change. By using this Web site after we post any changes to this Agreement, you will be accepting and agreeing to comply with the terms of this Agreement, as modified. You can review the most recent version of this Agreement by clicking on the “Conditions of Use” link at the bottom of our Web pages.
Contents
DMC tries to ensure that all information on this Web site is both timely and accurate. Nevertheless, material on this Web site may contain errors. In addition, this Web site is not updated daily, so some information may not be the most current information available. Before you act on information on our Web site, you should independently confirm any facts that are important to your decision.
Requests for DMC Services
You may request certain DMC services through this Web site. All requests made through this Web site are subject to the availability, terms, and other conditions that apply to the particular service at the time you make your request. All services, their nature, availability, and pricing are subject to change at any time, with or without notice. DMC will not be obligated to provide any service to you unless or until you and DMC both have signed a written agreement that describes the services and the terms on which the services will be provided by DMC.
Registration
To obtain access to certain services on this Web site, you may be required to register. As part of the registration process, you will select a user name and a password. You agree that the information you supply during the registration process will be accurate and complete and that you will not register under the name of another person. You also agree that DMC will have the absolute right to reject or require you to change your user name at any time. You will be solely responsible for preserving the confidentiality of your password and account and agree to notify DMC immediately if you know or suspect that there has been unauthorized use of your account. DMC will have no liability for any loss you may suffer as a result of someone else using your password or account, with or without your knowledge. You may not use anyone else’s account at any time without the permission of the owner of the account.
Links to Other Web Sites
To make this Web site more useful to our visitors, this Web site may include links to other Web sites that DMC does not control. DMC is not responsible for the availability or contents of any Web site that can be reached by clicking on a “hyperlink” on DMC’s Web site, nor is DMC responsible for any product, service, or other material offered on a linked site. The inclusion of a link to a Web site does not constitute an endorsement or guaranty by DMC of that site, nor of any product, service, or other material offered on that site.
During your visit to our Web site, your Web browser may produce pop-up advertisements. These advertisements were most likely produced by other Web sites you visited or by third party software installed on your computer. DMC does not endorse or recommend products or services that may appear as pop-up advertisements on your computer screen while you are visiting our Web site.
Submissions and Postings
DMC does not claim to own any information or materials you submit to DMC through this Web site, or post on this Webs site. However, by submitting information or materials to DMC through this Web site, or posting information or materials on this Web site, you are giving DMC the absolute and unconditional right to use your submission or posting, including the right to copy, distribute, transmit, display, and edit your submission or posting. DMC also has the absolute right to delete any information or material you submit to DMC through, or post on, this Web site.
By submitting any information or material to DMC through this Web site, or posting any information or material on this Web site, you are warranting and representing that you own or have the right to submit or post the information or material and to give DMC the rights described in the preceding paragraph, and that your submission or posting does not violate the copyright, trademark, or similar rights of others.
Privacy
DMC respects the privacy of our visitors to this Web site. Please take a few minutes to review our Privacy Statement.
Feedback
We invite you to send in your questions or comments about this Web site, or to bring to our attention any material you believe to be inaccurate. You can send us comments or questions by clicking on the “Suggestions” link at the top of our Web pages or by writing to us at info@dmcmanagementservices.com
No Unlawful or Prohibited Use
By using this Web site, you agree that you will not use this Web site for any purpose that is illegal or that is prohibited by this Agreement. You may not use this Web site in any way that could damage, disable, overburden, or impair DMC’s server, or interfere with any other person’s ability to use and enjoy this Web site. You also agree not to submit, post, or transmit any defamatory, abusive, obscene, threatening, or illegal information or material.
Termination
DMC reserves the right at any time to terminate your use of this Web site if you fail to comply with any provision of this Agreement, or any other terms, agreements, or policies that apply to this Web site and the use of it.
Indemnification
You agree to indemnify, defend, and hold harmless DMC (including all of its members, managers, officers, directors, employees, agents, suppliers, and third-party information providers) against all claims, losses, expenses, damages, and costs (including reasonable attorney fees) arising out of or resulting from your failure to comply with this Agreement or your unauthorized use of this Web site. Your indemnification obligation shall survive the termination of this Agreement.
Assumption of Risk; Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK AND THAT, IF YOU RELY ON THIS WEB SITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEB SITE, YOU DO SO AT YOUR OWN RISK. YOU ALSO AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, AND THAT DMC WILL HAVE NO LIABILITY TO YOU FOR, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THIS WEB SITE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB SITE.
THIS WEB SITE AND ALL INFORMATION AND DOCUMENTS AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” DMC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THIS WEB SITE AND THE INFORMATION AND DOCUMENTS AVAILABLE THROUGH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DMC DOES NOT WARRANT THAT THIS WEB SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL DMC BE LIABLE TO ANY USER OF THIS WEBSITE, OR ANYONE ELSE, FOR ANY DAMAGES ARISING OUT OF OR RESULTING FROM THE USE OR MISUSE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, OR FOR LOST PROFITS, EVEN IF DMC WAS ADVISED BEFOREHAND OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF DMC WAS NEGLIGENT. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, IN SUCH STATES, THE LIABILITY OF DMC IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE’S LAW.) YOU AGREE THAT THE LIABILITY OF DMC, IF ANY, ARISING OUT OF ANY KIND OF CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE SHALL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO DMC TO USE THIS WEB SITE, OR (2) $100.00.
Miscellaneous
This Web Site Use Agreement has been made in and shall be construed in accordance with the laws of the State of New Jersey, but without giving effect to any New Jersey choice of law provisions that might otherwise make the law of a different jurisdiction control or apply. By using this Web site, you agree that any suit, action, or other proceeding brought by you against DMC shall be conducted exclusively in the Superior Court of the State of New Jersey or the United States District Court for the District of New Jersey, and you also agree to the non-exclusive jurisdiction of those courts in any suit, action, or other proceeding by DMC against you. You also waive any objection to the venue of any such suit, action, or proceeding in the foregoing courts and any claim that the foregoing courts are an inconvenient forum.
“You may not use this Web site or data you obtain from this Web site to allow, enable, or otherwise support (1) the transmission of mass unsolicited, commercial advertising or solicitations by direct mail, electronic mail, or telephone, or (2) high volume, automated electronic processes that apply to DMC. The compilation, repackaging, dissemination, or other use of data you find on this Web site is expressly prohibited without DMC’s prior written consent.”