TERMS OF USE

Last updated: January 23, 2009

Welcome to http://www.dma-solutions.com. Before using this Web site, please carefully review the Terms of Use.

Web Site Access and Use

By using this Web site, you agree to comply with the Terms of Use set forth below. We reserve the right to review and revise these Terms of Use from time to time without prior notice. By using this site subsequent to any revisions of the Terms of Use, you agree to be bound by such changes. If you do not agree with any of these terms, you are not authorized to access or use this Web site or any content or material available on or through this Web site.

This Web site is made available for your personal, non-commercial use only. Except as expressly permitted in the Terms of Use, you may not use, reproduce, distribute or otherwise exploit Web site content for any purpose without obtaining prior written consent from us or, in the case of third-party content, its respective owner.

Privacy Policy

The information that DMA Solutions, Inc. obtains through your use of our Web sites is subject to our Privacy Policy. By accessing and using our Web sites, you agree to the terms and conditions of our Privacy Policy, available at www.dma-solutions.com/privacy.asp.

Third-Party Content and Links to Third-party Web Sites

Web site content may include information posted by a third-party. We do not endorse the information provided by or opinions expressed by third parties on this Web site.

This Web site may link to other Web sites which are not under the control of nor maintained by DMA Solutions, Inc. Such links are provided for informational purposes only and do not constitute an endorsement by DMA Solutions, Inc. You are solely responsible for your use of third-party links, and your use of other sites is subject to the respective Terms and Conditions and Privacy Policies posted on those Web sites.

In addition, these links may lead to sites or links that contain objectionable content or which may contain dangerous computer viruses. You assume all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

User Content and Conduct

To the extent that we make certain features or services available on our Web site for users to post content, you agree to abide by the terms and conditions contained in these Terms of Use.

We have no obligation to post or maintain user content, and have the right, but not the obligation, to monitor user content.

By submitting user content to us, you warrant that the owner has granted us a worldwide, royalty-free, non-exclusive right and license to publish, distribute or create derivative works based upon this content at our sole discretion.

Furthermore, you agree not to submit or post content that:

  1. Violates any applicable law or regulation;
  2. Harasses, offends, threatens, embarrasses, or invades the privacy of any individual or entity;
  3. Is false, inappropriate, improper, obscene, vulgar, harassing, disorderly or excessive;
  4. Contains information or advice that could cause harm or injury;
  5. Is commercial, an advertisement or a solicitation for funds, including without limitation, "spam" or mass distributions;
  6. Impersonates another;
  7. Includes personal information such as phone numbers, addresses, e-mail addresses or social security numbers
  8. Is protected by any third party's copyright, trademark, patent or other intellectual property right.

You are solely liable for any damage resulting from your failure to obtain appropriate permission or from any other harm resulting from content that you submit.

If you violate such terms, we may, without prior notice, ban you from any and all services, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.

Ownership

All contents of this Web site are Copyright © 2003-2009 DMA-Solutions, Inc. All trademarks are the property of DMA Solutions, Inc. or their respective owners. All rights not expressly granted herein are reserved. Any use of copyrighted materials without the express written permission of DMA Solutions, Inc. is expressly prohibited.

Notice and Procedure for Making Claims of Copyright Infringement

DMA Solutions, Inc. respects the intellectual property of others and expects its users to do the same. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. We will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement.

Notifications of claimed copyright infringement should be sent to DMA Solutions’ designated agent. The notification must be in writing and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit DMA Solutions to locate the material;
  4. Your address, telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send or fax the written communication to the following address:
DMA Solutions, Inc.
Attn: Legal Support, DMCA Agent
545 East John Carpenter Freeway
Suite 300
Irving, TX 75062-3964
Fax: 972-719-9195

This contact information is provided exclusively for notifying DMA Solutions, Inc. that copyrighted material may have been infringed. Inquiries that do not follow this procedure may not receive a response. Additionally, unrelated inquiries will not receive a response through this process.

Disclaimer of Warranty

The content, documents, graphics and images available on this Web site could include typographical or other errors, omissions or outdated information that may affect the quality of the materials or third-party content. It is your responsibility to evaluate the accurateness, timeliness and completeness of the information on this Web site. You should not rely upon information, data, opinions expressed or any other content or material at this Web site when making business, financial, personal or other decisions.

To the extent permitted by law, the information on this Web site is provided “as is,” and without warranty of any kind. All warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed, and you hereby waive any and all such warranties to the maximum extent permitted by applicable law.

Limitation of Damages

In no event will DMA Solutions, Inc., our officers, employees, contractors, suppliers or agents, be liable to any party for direct, indirect, consequential, or incidental damages arising out of or in connection with your access to or use of this Web site, any content or other materials provided herein, or use of any links or linked third-party Web sites. In no event shall DMA Solutions, Inc. be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental or consequential damages, however arising, whether for breach or in tort, even if DMA Solutions, Inc. has been previously advised of the possibility of such damage.

Indemnification

You agree to indemnify and hold harmless DMA Solutions, Inc., our officers, employees, contractors, suppliers and agents from all liabilities, claims, demands and expenses, including reasonable attorneys’ fees, that arise from or are related to, your use or misuse of this Web site, user content provide by you, any actual or alleged violation or breach by you of these Terms of Use, or for infringement by you or others of intellectual property rights or other rights of any third party. You agree to fully cooperate with us in the defense of any claim that is subject to your obligations hereunder.

Governing Laws in Case of Dispute

The Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, USA, as they apply to agreements made and solely performed therein.

International Use

We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative, and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.