DMS | Terms of Use

Updated Jan 3, 2019

Overview

The following bullet points provide a short summary of the Terms of Use in simple language. This is not a complete summary of the Terms of Use. Please read the entire Terms of Use carefully and feel free to contact us if you have any questions.

  • Digital Marketing Software aka “DMS” does not guarantee any results or outcomes.
  • Illegal activity is not permitted and will not be tolerated.
  • Use of digitalmarketingsoftware.com is at the User’s own discretion.
  • Content on this Website is not marketing advice and is provided for informational purposes only. As such, it is not a replacement for marketing advice from a qualified professional. 
  • DMS is happy to answer questions to provide more details on our services. Feel free to contact us at any time but please do not use the website unless and until you are comfortable with these Terms of Use.

Terms of Use

This document (“Terms of Use“) governs all services provided by DMS (“we” or “us” or “DMS”) through the digitalmarketingsoftware.com (“Website”), and all content, services, and products available at or through the Website. These Terms of Use are very important and explain the relationship between us and users of the site (“Users” or “you”).

Definitions

Agreement” means all of the terms, conditions, and notices contained or referenced in the Terms of Use and all other DMS rules and policies (including but not limited to our Privacy Policy) and procedures that may be published on the Website.

Content” means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website.

Service” means all of the services provided by DMS, including but not limited to all Content, services, and products available through the Website. DMS is not a website development advisor, and all forms of website development advice or services are explicitly excluded from the Service.

User,” “you” and “your” refer to the person, company, or organization that has visited or is using our Website and/or our Service.

About Our Service

DMS provides an online information platform that reviews digital marketing software. Our role is limited to providing informational resources. DMS maintains the Website for your personal information, entertainment, and enjoyment. Please feel free to browse and use the site. At the same time, please remember that your access to the Website is subject to these Terms of Use as well as applicable laws. By accessing and using the Website you accept the Terms of Use without limitation or qualification and acknowledge that any other agreements you may have with DMS are superseded by the Terms of Use, to the extent that any conflicts exist.

Information On This Website

Information, including all facts, data, and other information (“Information”) on the Website, is of a general nature, is intended only for informational purposes, is subject to change without notice, and is not intended to be relied on by Users as advice on any particular matter.

DMS makes no guarantees, representations, or warranties, whether express or implied, with respect to the Information.

Release and Indemnification

By using the Website and/or Service, you agree that your legal remedies are limited to claims against third parties who caused you harm.

You agree to indemnify and hold harmless DMS from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.

Users Must be at least 18 Years of Age

The Website is not intended for anyone under the age of 18 and no person under the age of 18 may use the Website.  We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 18 years old.

Compliance with Laws

You represent and warrant that: (i) you have the authority to bind yourself to the Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with local, provincial, and federal laws, rules, and regulations, and with all other DMS policies.

User Conduct

You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining, or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.

Prohibited Content

You agree that you will not under any circumstances use the Website in any manner that is unlawful or promotes unlawful activities; defames, harasses, abuses, threatens, or incites violence toward any individual or group; is pornographic, discriminatory, or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; impersonates any person or entity, including any of our employees or representatives; or violates the privacy of any third party.

DMS May Monitor Interactions

At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service and Website. Further information is available in our Privacy Policy.

Third Party Content

There may be content from third parties on the Website. We are not responsible for that content, nor do we endorse such content, unless otherwise clearly stated.

This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any third-party content except as permitted by the Terms of Use.

Intellectual Property

DMS respects others’ intellectual property rights and asks our Users to do the same.

DMS retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics, and logos used in connection with the Website and the Service may be the trademarks of third parties. The Agreement does not transfer from us to you any DMS or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.

DMS and all other identifying marks, proprietary marks, or trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of DMS. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from DMS.

Issues or Concerns

If you believe any Content on or accessible from the Website is false, misleading, or defamatory, or infringes your intellectual property rights, you may request removal of such Content or its access from the Website by submitting an Issues or Concerns Form and providing the following information:

  • If you believe the Content is false, misleading, or defamatory, a statement indicating the manner in which the Content is false, misleading, or defamatory;
  • If you believe the Content infringes your intellectual property rights, identification of the protected work that you believe to be infringed (preferably a URL of an authorized version of the work);
  • Identification of the Content that you have an issue or concern about and its location (preferably a URL or any other relevant information that will allow us to locate the Content);
  • Your name, address, email address, and telephone number for contacting you; and
  • A statement indicating that you have an ownership interest in the subject matter of the Content, or that you are the owner of the intellectual property rights, or an authorized representative, and that the information you have supplied is accurate.

The Website will then take steps to consider your issue or concern and to correct or remove any false, misleading, or defamatory Content, or to remove any Content which infringes your intellectual property rights, subject to the Dispute Resolution section of these Terms of Use, and will contact you if further information is required and/or to inform you that the Content has been removed.

Submissions

Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the Website, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Website may be used by DMS for any purpose, including but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to the Website, you irrevocably transfer and assign to DMS, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material. DMS is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.

Email Communications

We use email and electronic means to respond to our Users.

For contractual purposes, you (i) consent to receive communications from DMS in an electronic form via the email address you have submitted in a Contact, or Issues or Concerns form; and (ii) agree that the Agreements, including all Terms of Use, agreements, notices, disclosures, and other communications that DMS provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Termination

You may cancel this Agreement at any time. If you wish to terminate this Agreement, you may simply discontinue using DMS.

Disclaimer of Warranties

DMS provides the Website, the Content, and the Service “as is,” without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, DMS expressly disclaims all warranties, whether express, implied, or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy, and non-infringement.

DMS makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content, or other material obtained from the Service.

Limitation of Liability

We will not be liable for damages or losses arising from your use of the Service or arising under this Agreement. To the maximum extent permitted by applicable law, in no event will DMS be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (i) your use or inability to use the Service; (ii) the Service generally or the software or systems that make the Service available; or (iii) any other interactions with DMS or any other User of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not DMS has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. DMS will have no liability for any failure or delay due to matters beyond our reasonable control.

Dispute Resolution

Any disputes that arise in connection with this Agreement or any Issues or Concerns regarding any of the Content on the Website shall first be attempted to be resolved privately between the User and the Website. Users shall submit their Issues or Concerns using the form provided. The Website shall take any reasonable steps required to address the Issues or Concerns in a timely manner.

Disputes that are not revolved privately by the User and the Website shall then be resolved by arbitration. Arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the disputing parties or, in default of such agreement, the arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto, upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. Unless otherwise agreed to by the parties, the arbitration shall be held in the City of Toronto. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991(Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding without any appeal. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Modification of Terms of Use

DMS reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.

Upon any changes in these Terms of Use, we will post the amended agreement on the Website. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications made hereto, then please do not use the Website.

Governing Law

These Terms of Use and any access to or use of the Website or the Service shall be governed by, and construed in accordance with, the laws of the United States of America. You and DMS agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Birmingham, AL.

Severability

If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

No Assignment

DMS may assign or delegate this Agreement, including these Terms of Use and/or the DMS Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement, including the Terms of Use or Privacy Policy, without DMS’s prior written consent, and any unauthorized assignment and delegation by you is void.

Headings and Summaries

The headings, captions, and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.

Entire Agreement

This Agreement, in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and DMS and supersede all prior communications, agreements, and understandings, written or oral, with respect to the subject matter of this Agreement.

By using the DMS Website, you acknowledge that you have read and understand these Terms of Use and will be bound by these Terms of Use.