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TERMS OF SERVICE AGREEMENT
 
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 09/01/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with DMC Associates Inc., also
known as DMC Associates Inc., located at 13003 Eckel Junction, Perrysburg, Ohio 43551 and our
subsidiaries and affiliates, in association with the use of the DMC Associates Inc. website, which includes
www,dmcassoc.com , (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Online sales of the products we are wholesale distributors for.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the
herein contained Services provided for the purpose of this TOS. Once an individual register's for our
Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of DMC Associates Inc.. At its discretion, DMC Associates
Inc. may offer additional website Services and/or products, or update, modify or revise any current content
and Services, and this Agreement shall apply to any and all additional Services and/or products and any and
all updated, modified or revised Services unless otherwise stipulated. DMC Associates Inc. does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as
the end user and/or member, acknowledge, accept and agree that DMC Associates Inc. shall not be held
liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services
and/or products. Your continued use of the Services provided, after such posting of any updates, changes,
and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as
such, frequent review of this Agreement and any and all applicable terms and policies should be made by
you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the
updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided "AS IS" and as such DMC Associates Inc. shall not assume any responsibility or obligation for
the timeliness, missed delivery, deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving DMC Associates Inc.'s Services under the laws and statutes of the United
States or other applicable jurisdiction.
When you register, DMC Associates Inc. may collect information such as your name, e-mail address, birth
date, gender, mailing address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with DMC Associates Inc. and sign in to our Services, you are no longer
anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, DMC
Associates Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of
this aspect of the Agreement, and as such refuse any and all current or future use of DMC Associates Inc.
Services, or any portion thereof.
It is DMC Associates Inc.'s priority to ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13
that permit their child or children access to the DMC Associates Inc. website platform Services must create
a "family" account, which will certify that the individual creating the "family" account is of 18 years of age
and as such, the parent or legal guardian of any child or children registered under the "family" account. As
the creator of the "family" account, s/he is thereby granting permission for his/her child or children to
access the various Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services
and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any user(s) that access your account
information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify DMC Associates Inc. immediately if you notice any unauthorized access or use of
your account or password or any other breach of security. DMC Associates Inc. shall not be held liable for
any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the DMC Associates Inc. Services,
and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the
use of any content posted, emailed, transmitted or otherwise made available by DMC Associates Inc..
Furthermore, you herein agree not to make use of DMC Associates Inc.'s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any DMC Associates Inc.
officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any DMC Associates Inc. Services, servers and/or networks that may
be connected or related to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a "foreign terrorist
organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
DMC Associates Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such content
that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or
members.
DMC Associates Inc. herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such action is
deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of DMC Associates Inc., its visitors, users and
members, including the general public.
DMC Associates Inc. herein reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of information and/or material is subject to
usage guidelines and regulations established by DMC Associates Inc. or any other content providers
supplying content services to DMC Associates Inc.. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or materials supplied by our
Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
DMC Associates Inc. shall not lay claim to ownership of any content submitted by any visitor, member, or
user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow for DMC Associates Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of DMC
Associates Inc.'s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of DMC
Associates Inc.'s sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of DMC Associates Inc.'s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of DMC Associates Inc.'s sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
DMC Associates Inc.'s sites, the continuous, binding and completely sub-licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the incorporation of any such
Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of DMC Associates Inc.'s sites are those
such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
DMC Associates Inc. provides an area for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) DMC Associates Inc. shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) DMC Associates Inc. shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of DMC Associates
Inc.; and
e) DMC Associates Inc. is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold DMC Associates Inc., our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party which may arise
from any content a member or user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of DMC Associates Inc. Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to DMC Associates Inc.'s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that DMC Associates Inc. may set up any such practices and/or limits regarding
the use of our Services, without limitation of the maximum number of days that any email, message posting
or any other uploaded content shall be retained by DMC Associates Inc., nor the maximum number of email
messages that may be sent and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on DMC Associates Inc.'s servers on the member's behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given period of
time. In addition, you also agree that DMC Associates Inc. has absolutely no responsibility or liability for
the removal or failure to maintain storage of any messages and/or other communications or content
maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete
or remove any account that is no longer active for an extended period of time. Furthermore, DMC
Associates Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our
discretion.
MODIFICATIONS
DMC Associates Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www,dmcassoc.com , you may cancel or terminate your account, associated email address
and/or access to our Services by submitting a cancellation or termination request to sales@dmcassoc.com .
As a member, you agree that DMC Associates Inc. may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and
access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation
of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
www,dmcassoc.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with www,dmcassoc.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within www,dmcassoc.com ;
b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that DMC
Associates Inc. shall not be held responsible or liable for any loss or damage of any nature or manner
incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our
website.
LINKS
Either DMC Associates Inc. or any third parties may provide links to other websites and/or resources. Thus,
you acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that DMC Associates Inc. shall not be responsible or liable, directly or indirectly,
for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made available on or through any
such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that DMC Associates Inc.'s Services and any essential software that
may be used in connection with our Services ("Software") shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law
or as authorized by DMC Associates Inc. or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which
are based on DMC Associates Inc. Services (e.g. Content or Software), in whole or part.
DMC Associates Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by DMC Associates Inc. for use in
accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF DMC ASSOCIATES INC. SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"
AND/OR "AS AVAILABLE" BASIS. DMC ASSOCIATES INC. AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) DMC ASSOCIATES INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) DMC
ASSOCIATES INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
DMC ASSOCIATES INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE DMC ASSOCIATES INC. SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE
SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF DMC ASSOCIATES INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM DMC ASSOCIATES INC. OR BY WAY OF OR FROM
OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DMC ASSOCIATES
INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release DMC Associates Inc. (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from
claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such
dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. DMC Associates Inc.'s
content is provided primarily for informational purposes, and no content that shall be provided or included
in our Services is intended for trading or investing purposes. DMC Associates Inc. and our licensors shall
not be responsible or liable for the accuracy, usefulness or availability of any information transmitted
and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
DMC Associates Inc. may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the DMC Associates Inc. trademarks, copyright,
trade name, service marks, and other DMC Associates Inc. logos and any brand features, and/or product
and service names are trademarks and as such, are and shall remain the property of DMC Associates Inc..
You herein agree not to display and/or use in any manner the DMC Associates Inc. logo or marks without
obtaining DMC Associates Inc.'s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
DMC Associates Inc. will always respect the intellectual property of others, and we ask that all of our users
do the same. With regards to appropriate circumstances and at its sole discretion, DMC Associates Inc. may
disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you should
provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The DMC Associates Inc. Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
DMC Associates Inc.
Attn: Copyright Agent
13003 Eckel Junction
Perrysburg, Ohio 43551
Telephone: 4198724362
Fax: 4198724344
Email: sales@dmcassoc.com
CLOSED CAPTIONING
BE IT KNOWN, that DMC Associates Inc. complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www,dmcassoc.com .
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and DMC Associates Inc. and shall govern the use
of our Services, superseding any prior version of this TOS between you and us with respect to DMC
Associates Inc. Services. You may also be subject to additional terms and conditions that may apply when
you use or purchase certain other DMC Associates Inc. Services, affiliate Services, third-party content or
third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and DMC Associates Inc. with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Ohio without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and DMC Associates Inc., shall be filed within the
courts having jurisdiction within the County of USA , Ohio or the U.S. District Court located in said state.
You and DMC Associates Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to
venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should DMC Associates Inc. fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to DMC Associates Inc. as follows:
Mailing Address:
DMC Associates Inc.
13003 Eckel Junction
Perrysburg, Ohio 43551
Telephone: 4198724362
Fax: 4198724344
Email: sales@dmcassoc.com