Terms of Use
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 Welcome to DMC’s Terms of Use (the “Terms”). These Terms govern your (hereafter “ you”, “your” or “user ”) use of this website and the products and services available at this website, www.dmcapp.com, and any related website linked to this URL address, including pages related to DMC’s services (collectively the “Site”) and/or created, controlled or operated by Data Management and Compliance Inc. (hereafter “DMC”, “we” “us ” or “our”). The Site features DMC's proprietary compliance technology in its various forms and other services DMC may make available from time to time (collectively, the “Service"). By accessing the Site or using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access the Site or use the Service.

1. General Use.

Subject to these Terms, DMC hereby grants you a limited, non-exclusive, and non-transferable license to use the Site. You can simply visit and use the Site and you do not need to register with DMC to do so. We reserve the right to modify these Terms at any time. By continuing to access or use the Site or Service, you agree to such modifications.

1.1. Permitted Use.

You may use the Site or Services provided herein, and the information, writings, images and/or other works that you see, hear or otherwise experience on a Site (singly or collectively, the “Content”) solely for the purposes described in your Service Agreement with DMC or as an authorized agent of such Service Agreement.

1.2. Prohibited Use.

By accessing or using this Site and any Services provided by DMC, you agree that you will not use the Site in violation of these Terms of Use, or use the site in violation of the terms of DMC’s Acceptable Use Policy. You will not copy, modify, create a derivative work from, reverse engineer or reverse assemble a Site, or otherwise attempt to discover any source code, or allow any third party to do so. You will not sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Site in any way. You will not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more requests messages to the servers hosting DMC’s products, services, and sites in a given period of time that a human can reasonably produce in the same period by using a conventional online web browser. You will not attempt to gain unauthorized access to the Site, or use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement. Any unauthorized use of any Content or this Site may violate patent, copyright, trademark or other laws.

2. Intellectual Property Ownership and Use. You acknowledge and agree that all of our trademarks, logos, copyrights, and all other intellectual property rights in all material or content contained within the Site shall remain at all times vested in us. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or its materials in any manner. In cases where we use material or content under authority from a third party, such rights remain vested in the owner of such material or content. All Site content and all materials contained within the Site are owned by DMC or used by DMC under authorization, and are protected by applicable trademark and copyright laws.

3. Privacy Policy; Other Terms.

Your use of the Site or Service is also governed by DMC’s Privacy Policy. By using the Site or Service, you agree to the terms applicable to Site Visitors set forth in that policy. Your use of any of DMC’s services will further be subject to other terms specific to those services. In addition, we may use cookies or other automated means of data collection. Please read our Privacy Policy for more information.

4. Disclaimer of Warranties and Limitation of Liability.

4.1. Disclaimer of Warranties. Except as provided elsewhere in any agreement with a DMC Customer, DMC makes no representations or warranties about the reliability, availability, timeliness, security or accuracy of the Services for any purpose. To the extent permitted by law, the Services are provided “as is” and “as available” without warranty or condition of any kind and We disclaim all warranties and conditions of any kind, whether express, implied or statutory, with regard to the solutions, including all implied warranties or conditions of merchantability, fitness for particular purpose, title and non-infringement.

5. Indemnity.

5.1. To the extent permitted by law, DMC is not liable for any loss of data, profits, business opportunities, goodwill or anticipated savings; any indirect, incidental, or consequential loss; or punitive damages.

5.2. You agree to indemnify, defend and hold harmless DMC, its parents, subsidiaries, affiliates, customers and vendors, and their respective officers, directors and employees from any liability, damage, cost, or fees (including reasonable attorneys' fees) arising from: (i) any claims arising out of or relating to your unlawful or unauthorized use of the site or Services or violation of these Terms; (iii) or the infringement by you, or any third party using your DMC account, of any intellectual property or other right of any person or entity.

6. Governing Law.

6.1. These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Massachusetts and further agree that any cause of action arising from or relating to the use of the Site or these Terms shall be brought exclusively in the Federal or State Courts residing in Boston, Massachusetts. To the fullest extent of the law, you agree that any claim or cause of action arising from or relating to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

6.2. Under California Civil Code Section 1789.3, residents of California who use the Site are entitled to know that they may file grievances and complaints with: Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

7. Termination.

DMC, in its sole discretion, may terminate or suspend use of the Sites at any time for any reason or for no reason at all, without prior notice or liability to you. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Miscellaneous.

8.1. We are not responsible for the availability of any websites, applications, or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable for, directly or indirectly, the operation of such third-party websites, their privacy practices and/or the content (including misrepresentative or defamatory content), including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources; nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such third-party external sites or resources.

8.2. When using the Site, you agree to comply with all laws in your jurisdiction (including but not limited to copyright laws) and not use the Site for any purpose that is unlawful or prohibited by these Terms. By way of example, you shall not: (i) post or transmit any communication or solicitation intended to obtain password, account, or private information from any DMC user; (ii) create or submit spam to any DMC users or any URL; (iii) use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission; (iv) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or Service; and (v) bypass any measures we may use to prevent or restrict access to the Site.

8.3. If any part of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

9. Electronic Communications.

Please send any questions or concerns regarding these Terms to legal@dmcapp.com. By communicating with us electronically you acknowledge that communications by email are not considered confidential.

10. Changes.

DMC may update this Agreement from time to time, as required by changes to the Services or by law. We may modify the provisions of this Agreement at any time. In some cases where changes are material, you may need to accept changes to this Agreement in order to continue using the platform. Similarly, we may update the Site, including with tools, utilities, improvements or third party applications. You agree to receive these updates. 

11. Additional Provisions.

11.1. Waiver. These Terms of Service constitute the entire agreement of the parties with respect to this Agreement. No waiver by DMC of any breach of default of these Terms shall be deemed to be a waiver or any preceding or subsequent breach or default.

11.2. Enforcement. If any part of these Terms of Service is determined by a court of competent jurisdiction to be unenforceable or invalid, it will not impact any other provisions of this Agreement, which will remain in full effect.