TermsOfService
TermsOfService

Website Terms of Use

The materials located at this website (www.dmainc.com) are provided by DuCharme, McMillen & Associates, Inc. (“DMA”). By using this website, the user (“you” or “your”) indicates its (i) acceptance of these terms of use and (ii) consent to the collection, use and storage of its information by DMA in the manner described in our privacy policy (a link to our privacy policy may be found on this website). Please read these terms and our privacy policy carefully before using this website. These terms and our privacy policy may be revised at any time without notice to you by posting such changes to this site. You are bound by any such revisions and should therefore periodically visit this page to review the current terms. IF YOU DO NOT ACCEPT THESE TERMS AND THE PRIVACY POLICY, DO NOT USE THIS WEBSITE.

Intellectual Property

The content, organization, graphics, design, compilation, code, data and other materials related to this website  are the exclusive property of DMA and are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by you of any such  matters or any part of this website, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any article, document or other materials posted or viewed through this website. The posting of information or materials on this website does not constitute a waiver of any right in such information and materials. 

Website Uses

You are granted a non-exclusive, non-transferable, revocable license to access and use this website in accordance with these terms solely for internal, personal, non-commercial purposes.

You agree not to: (i) use this website or its contents for any purpose that is unlawful or prohibited by these terms; (ii) bypass or circumvent measures used to prevent, interfere or limit access to this website or any DMA network; (iii) use this website to send altered, deceptive or false source-identifying information; (iv) use this website to intercept, collect or store personal information about other users; (v) spam other users or take other actions that may affect the operation or enjoyment of this website by other users; (vi) access, monitor or copy any content or information on this website using any robot, spider, scraper or other automated means or manual process; (vii) decompile, disassemble or reverse engineer any of the software or content used in any part of this website or any DMA network; (viii) send a virus or use any malicious programs or techniques in connection with this website; (ix) overload or crash this website or any DMA network or server; and (x) engage in an excessively high volume of data transfers or bandwidth use, including by hosting a web server, internet relay chat server or any other server via any use of this website.

Informational Purposes Only

The materials available on this website have been prepared by DMA and are intended for informational purposes only. THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" WITH NO GUARANTEE OF COMPLETENESS, ACCURACY AND TIMELINESS. While DMA uses reasonable efforts to ensure that the information contained on this website is accurate and up-to-date, errors or omissions sometimes occur. DMA does not warrant or make any representations regarding the use or the results of the use of the information on this website in terms of correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not intended to be  complete descriptions of all terms, exclusions and conditions applicable to DMA’s products and services, but are provided solely for general informational purposes. The information on the website should not be used as a substitute for consultation with professional tax, accounting or other competent advisors. Please consult with a DMA professional prior to taking any action or making any decision based on information located on this website. You should not act or rely on any information on this website without seeking the advice of a competent lawyer, accountant or other advisor.

Warranty Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DMA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMA DOES NOT WARRANT THAT THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DMA OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION ON THIS WEBSITE OR THE USE OF MATERIALS AND INFORMATION ACCESSED THROUGH THIS WEBSITE, EVEN IF DMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold DMA and its officers, partners, employees, agents, licensors and suppliers harmless from any liability, loss, claim and expense related to your violation of these terms or your use of this website.

Links to Other Websites

This website may be linked to other websites, which are not maintained by DMA. DMA is not responsible for the content of those websites. The inclusion of any link to such websites does not imply approval of or endorsement by DMA of the websites or the content thereof. DMA makes no representations as to the accuracy or any other aspect of information contained on such other websites. As with our website, you should become familiar with any external party’s terms of use when visiting that website.

General

These terms of use are governed by the laws of the State of Indiana, without regard to its conflict of law provisions. Any dispute arising from these terms shall be resolved exclusively by the courts of the State of Indiana.

If any provision of these terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is unlawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.

Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Updates

Last updated March 2020.