Terms of Use

The Digital Matrix Systems, Inc. (“DMS”) Website (the “Site”) is an online information service provided by DMS, subject to your compliance with the terms and conditions set forth below.

Please read the following information carefully before using this Site. By accessing or using this Site, you agree that you have read, understood and agreed to be bound by these Terms of Use. If you do not agree with these Terms of Use, do not use this Site. DMS reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.

The Terms of Use are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by DMS or existing agreements you may have with DMS.

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of DMS. The terms and conditions applicable to any DMS product or service are contained in the specific agreement(s) relating to such product or service.

DMS WEB SERVICES

From time to time DMS may provide links to pages providing specific DMS services (“DMS Web Services”). DMS Web Services are provided solely pursuant to a written agreement with respect to the applicable DMS Web Service and you may not access DMS Web Services unless such agreements are in force and effect.

DISCLAIMER OF WARRANTIES AND LIABILITY

Information offered on this Site is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will DMS be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if DMS is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will DMS warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.

SITE FEEDBACK

Comments, suggestions, ideas or materials sent or transmitted to DMS (collectively “Site Feedback”) shall be deemed to be non-confidential and shall become the sole property of DMS. Subject to the conditions described in the DMS Privacy Policy, DMS shall have no obligation of any kind with respect to such Site Feedback and shall be free to use, copy, modify and/or distribute the Site Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Site Feedback.

INTELLECTUAL PROPERTY NOTICES

Except as specifically permitted herein, no portion of the information or content on this Site may be reproduced in any form or by any means without the prior written permission of DMS. Trademarks, service marks and trade names displayed on this Site are the property of their respective owners and may not be used, reproduced, copied or modified without the express written permission of the owner. Nothing herein shall grant to you any rights in or to any DMS Trademarks; the content of the Site; nor any other intellectual property or proprietary rights of DMS.

DMS TRADEMARKS

DMS Trademarks in the United States and/or Other Countries

  • ClientServices®
  • CodeOnce™
  • CreditAnalyst®
  • CreditBrowser®
  • CreditBureau Simulator®
  • CreditServer™
  • CreditToolkit™
  • Data Access Point™DMS Data Warehouse™
  • Decision Science™
  • Digital Matrix Systems®
  • DMS®
  • DMS Consumer Privacy Firewall®
  • DMS Dashboard™
  • DMS Summary Attributes™
  • Enhanced Underwriting™MegaMerge®
  • RiskAnalysis Lifecycle®
  • Smart.ALX®
  • Summary Attribute Dictionary™
  • Transaction Interceptor®
  • Visionary Credit Analytics®

Other products and company names mentioned on the Site may be the trademarks of their respective owners.

COPYRIGHT INFORMATION

Copyright Notice: © 2015 Digital Matrix Systems, Inc. All Rights Reserved. Please refer to the DMS Copyright Usage Requirements for additional information concerning copyrights.

LINKING POLICY

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link does not portray DMS or any of its respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and does not imply any sponsorship, approval, endorsement or affiliation of your website or products by DMS. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any DMS trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without the express written consent of DMS. To obtain consent, please email your request to internetmanager@dms.net or send regular mail to Internet Manager; Digital Matrix Systems, 15301 Spectrum Drive, 2nd Floor, Addison, Texas 75001.

DMS makes no representations, warranties or endorsements with respect to any non-DMS website which may be accessed from this Site. When you access a non-DMS website, please understand that DMS has no control over the operation, content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

SPECIAL ADMONITION FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

JURISDICTIONAL ISSUES

This Site is controlled and operated by DMS through its corporate headquarters within the State of Texas and this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State. You agree that any legal action or proceeding between DMS and you for any purpose concerning this Site or the parties’ obligations hereunder shall be brought exclusively in the U.S. District Court for the Northern Texas or state court of competent jurisdiction sitting in the County of Dallas, State of Texas.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless DMS, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

MISCELLANEOUS

This Site is for informational purposes only and is not intended to provide any financial, legal, or investment advice. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

Neither the failure of a party to enforce at any time any of the provisions of these Terms of Use nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

Any action against DMS must be brought within six (6) months after the cause of action arises. DMS is not responsible for delay or failure to perform due to causes beyond its reasonable control.

Any rights not expressly granted herein are reserved.