DK Pierce & Associates Terms of Use
PLEASE READ THESE NON-NEGOTIABLE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
BY CONTINUING TO USE THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to DKPierce.net (the "Site"), which is operated by DK Pierce & Associates, Inc. ("DK Pierce" or "we" or "our").
Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject
matter hereof ("Contract") between DK Pierce and you or between DK Pierce and your employer or party for whom you perform
services ("you and the party to any such Contract being a "Client"), by using this Site you agree to each of the terms of use
set forth herein, including any additional terms and conditions applicable to specific areas or content on the Site ("Terms of Use").
Changes or Updates to the Site
DK Pierce reserves the right to change, update or discontinue any aspect of this Site at any time without notice.
Your continued use of the Site after any such change constitutes your agreement to the Terms of Use, as modified.
This Site may be unavailable from time to time, for scheduled or unscheduled maintenance. We will endeavor to keep such occurrences
to a minimum and to have the Site operational again within a reasonable time frame. We will not be held liable for any consequences
incurred as a result of any down-time the Site experiences.
Use of Site and Content and Copyright
You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips,
photographs and/or other works (singly or collectively, the "Content") solely for your or your organization's internal information purposes.
You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform,
distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion or for the use
of any third party that is not authorized by DK Pierce in writing or expressly permitted in these Terms of Use.
Reproduction of part or all of the contents in any form of the Site is prohibited other than for your use only, and the contents of this website
may not be copied or otherwise shared with any third parties.
The Site and all of the Content are protected by U.S. copyright and trademark laws and conventions, and belong to DK Pierce, its licensors or
third parties. No right, title or interest in any Content is transferred to you.
You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise
the security of the Site or render the Site inaccessible to others.
We may at any time revise these Terms and Conditions without notice. Your acceptance of the revised Terms and Conditions shall take
effect from the time and date when you first access this Website following the revision of the Terms and Conditions.
DK Pierce shall remain the sole and exclusive owner of all rights, title and interest in and to all specifically copyrighted information created
and posted for inclusion on the Site.
Accuracy of Information
The Content on this Site is based on DK Pierce's reasonable efforts to analyze information from the best sources reasonably available.
DK Pierce disclaims all warranties as to the accuracy, completeness or adequacy of such information. DK Pierce shall have no liability for errors,
omissions or inadequacies in the information contained herein or for interpretations thereof. The opinions expressed herein are subject to change
without notice. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and
exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content is to discontinue using the Site.
WARRANTIES DISCLAIMER
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND DK PIERCE DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE
OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, QUALITY, RELIABILITY, CORRECTNESS, OR COMPLETENESS
OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE
FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT
SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; (V) THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED;
(VI) RELATING TO THE ACCURACY OR USEFULNESS OF ANY INFORMATION ON ANY WEBSITES LINKED FROM OR TO THE SITE; OR (VII) THAT THE SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
LIMITATIONS ON LIABILITY
YOU AGREE THAT DK PIERCE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OF ANY NATURE OR KIND HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHICH ARISE IN ANY WAY
OUT OF YOUR USE OF THE SITE OR ANY THIRD PARTY PROVIDER’S WEB SITE INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS
FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE OR THE CONTENT, WHETHER OR NOT DK PIERCE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR THE IMPROPER OR INCORRECT USE OF THE INFORMATION DESCRIBED OR OTHERWISE CONTAINED ON THE SITE. YOU AGREE FURTHER
THAT DK PIERCE SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT OR THE SITE
OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DK PIERCE'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING DK PIERCE'S LIABILITY IN THIS SECTION SHALL IN
ANY CASE BE INTERPRETED TO LIMIT DK PIERCE'S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless DK Pierce,
its shareholders, officers, directors, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees,
agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees,
resulting from or arising out of your use, misuse, or inability to use the Site, the Content or any violation by you of these Terms of Use.
Restricted Areas
Access to certain areas of the Site is restricted ("Restricted Areas") to DK Pierce Clients to whom we have issued passwords.
You are not authorized to access any password-restricted areas unless you have received a password from DK Pierce (or from your employer
if your employer has been authorized by DK Pierce to issue such password). You may not use another person's password to access the Site.
If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other
individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not
to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or
portions or excerpts thereof from Restricted Areas or the Site with any other individuals or third parties, except as expressly
provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your
account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.
Third Party Links
This Site may contain links to other third party websites or content, which are provided as additional resources for the convenience of our Clients.
Such materials and websites are provided by third parties and are not under our direct control and we accept no responsibility or liability in respect
of any such third party materials, or for the operation or content of other websites (whether linked to this website or not). The Client is responsible
to evaluate the content and usefulness of information obtained from other sites. DK Pierce does not endorse, sponsor or accept any responsibility for such
material or sites, Client agrees to direct any concerns related to these third party sites to the relevant site administrator. We are not
responsible for the content or privacy practices of any linked sites.
Third Party Rights
The terms hereunder regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of DK Pierce,
and its licensors, employees and agents, each of whom shall have the right to assert and enforce those terms against a User.
Governing Law
These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of the
state of Indiana without reference to the conflicts of laws provisions therein. You specifically and irrevocably consent for any claims or
disputes arising out of your use of the Site or these Terms of Use to the jurisdiction of, and venue in, the federal or state courts sitting in Indiana.
General Provisions
Any provision in any written communication received by DK Pierce in connection with this Site which is inconsistent with, or adds to,
these Terms of Use is void. If any term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining terms will
remain in full force and effect