This website is provided by Distribution Market Advantage and/or its related, affiliated or subsidiary companies (collectively “Distribution Market Advantage”). Your use of this website is subject to the following terms and conditions, and all applicable law. By accessing this website, you acknowledge and accept these terms and conditions, and that your use of this website is subject to all applicable law.
1. PROPRIETARY RIGHTS
You acknowledge that the website contains information, software, logos, photographs, video, graphics, audio or other material (individually and collectively, the “Content”) that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights; that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed; and that the website, the Content, and all intellectual property related thereto are protected by international treaty provisions, and other applicable law. You also acknowledge that the Content is and shall remain the property of Distribution Market Advantage or the applicable third party providing the Content. You shall comply with all copyright, trademark and other applicable laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of or create derivative works based on any Content, in whole or in part. Except as provided below, you may not reprint, republish, resell, or redistribute the Content in any form or manner without the express written permission of the owner(s) of the material. You may print copies of the Content, provided that these copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You, and not Distribution Market Advantage, shall be liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm arising from such activities. Distribution Market Advantage does not warrant or represent that your use of the Content will not infringe rights of third parties. You acknowledge that DMA® is a registered trademark of Distribution Market Advantage and that the other trademarks, logos and service marks displayed on this website are owned by Distribution Market Advantage and others. You further acknowledge and agree that neither this TOU nor your use of the website grants to you a license or any other proprietary rights to the Content, the trademarks, or any other intellectual property of Distribution Market Advantage or the applicable third party providing the Content.
Distribution Market Advantage and/or its related, affiliated or subsidiary companies (collectively “Distribution Market Advantage”) recognize that many Internet users are concerned about privacy. Accordingly, we have developed this notice to explain our online information practices, identify the kinds of information we collect, and describe how we may use this information.
I. Gathering and Use of Information
Distribution Market Advantage may collect two types of information from web users: anonymous use information, and personally identifiable information.
Anonymous use information may be automatically collected by our website as you and others browse the webpages. Such information may include the identity of your internet service provider and its approximate geographic location, the operating system of your computer, the type of web browser you are using, the identity of the website that referred you to our website, the time and date that you access the website, and the webpages or content that you view. This information may be aggregated and utilized to analyze web traffic and usage or to improve the design and content of Distribution Market Advantage’s website.
Personally identifiable information, by contrast, is only collected by Distribution Market Advantage if you voluntarily provide it. Such information may include your name, title, company, address, telephone number, fax number and email address. We may use this information to respond to your requests and inquiries concerning our products and services, to notify you of updates and news, to personalize your browsing experience and to generate anonymous aggregated demographic information. In addition, if you correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we use to maintain information received by mail and telephone.
Distribution Market Advantage’s website may utilize a standard Internet technology known as cookies, which are small data files that your browser stores on your computer to record your preferences and to remember the information you have accessed or provided in the past. Cookies do not contain personal information about you unless you have voluntarily provided it to us as described above. Many web browsers allow you to disable cookies if you do not wish to receive them.
III. Security Measures
Distribution Market Advantage utilizes reasonable and appropriate measures to safeguard any personal information that you provide to us. However, since no transmission or storage of electronic data is ever completely secure, we cannot warrant or guarantee that your information will never be released in a manner that is inconsistent with this policy.
IV. Disclosure of Information to Third Parties
Distribution Market Advantage does not disclose any user information other than in the following ways: Distribution Market Advantage provides statistics related to website traffic, aggregated customer demographics, and related information to third parties, such as advertisers. This information is not traceable to individual users of our service.
Distribution Market Advantage may share personally identifiable information with our partners, agents and contractors in connection with the provision of specific services to users. We require that these parties not use any such information for any purpose other that the provision of these services, and require them to comply with our privacy and security practices. Distribution Market Advantage reserves the right to disclose any user information when we believe that doing so is required by law or necessary to protect the property, rights, or safety of ourselves, visitors to our website, or other persons, or in the context of a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, where there is a pledge of confidentiality from the receiving party.
VII. Contact Information
3. LINKS TO THIRD PARTY WEBSITES
Distribution Market Advantage may provide links to websites controlled by parties other than Distribution Market Advantage provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Distribution Market Advantage of those websites or any association or affiliation with the operators of those websites. Distribution Market Advantage is not responsible for and does not endorse the content or services on or use of those websites. Distribution Market Advantage makes no representations and assumes no responsibility of any kind related to those websites or your use of or reliance on the content or services of those websites, including without limitation any errors or omissions or any offensive or otherwise objectionable content contained on those websites. You acknowledge and agree that your use of any website accessed from dmadelivers.com, or reliance on any content or services thereon, is at your own risk.
4. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
THE WEBSITE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. DISTRIBUTION MARKET ADVANTAGE DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR THE CONTENT THEREON WILL BE UNINTERRUPTED, OR THAT THE WEBSITE AND THE CONTENT THEREON ARE ERROR FREE OR FREE OF VIRUSES. DISTRIBUTION MARKET ADVANTAGE DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. DISTRIBUTION MARKET ADVANTAGE DOES NOT MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR CONTENT OF THE WEBSITE. DISTRIBUTION MARKET ADVANTAGE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR OTHER CONTENT PROVIDED BY DISTRIBUTION MARKET ADVANTAGE SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION OR CONTENT. DISTRIBUTION MARKET ADVANTAGE SHALL NOT BE RESPONSIBLE FOR ANY LOST OR CORRUPT DATA OR OTHER INFORMATION. IN NO EVENT SHALL DISTRIBUTION MARKET ADVANTAGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS TOU OR YOUR USE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS DISTRIBUTION MARKET ADVANTAGE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
Upon request of Distribution Market Advantage, you agree to defend, indemnify, and hold harmless Distribution Market Advantage, its officers, directors, employees, agents, contributors, advertisers, sponsors, investors, and licensors, from any claims, damages and expenses (including, without limitation, attorney’s fees), related to your use of the website or Content, including any breach of this TOU. Distribution Market Advantage shall have the right, at Distribution Market Advantage’s option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on Distribution Market Advantage without Distribution Market Advantage’s prior written consent.
Distribution Market Advantage may terminate your access to any part or all of the website at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
7. MODIFICATION OF TOU AND WEBSITE POLICIES
Distribution Market Advantage may modify this TOU or any of its posted website policies, which are hereby incorporated by reference, at any time, and any such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing this TOU and the posted website policies. Continued use of the website after any such changes shall constitute a consent to such changes.
8.1 Construction - In the event that any portion of this TOU is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this TOU shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this TOU.
8.2 No Assignment/Implied Waiver/Modification - You may not assign this TOU, by operation of law or otherwise, without Distribution Market Advantage’s prior written consent. Subject to that restriction, this TOU will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Distribution Market Advantage’s failure to enforce strict performance of any provision of this TOU will not constitute a waiver of Distribution Market Advantage’s right to subsequently enforce such provision or any other provision of this TOU. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the TOU.
8.3 Applicable Law - This TOU shall be governed by and construed in accordance with the laws of the State of New York, except with regard to its conflicts of law rules. Any action relating to the website or this TOU must be brought in the federal or state courts located in New York, New York, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the website or this TOU must be commenced within one (1) year after the claim or cause of action arises, or be barred.
8.4 Entire Agreement - Unless otherwise specified herein, this TOU contains the entire agreement of the parties for the website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
8.5 Relationship of Parties - You agree that no joint venture, partnership, employment, or agency relationship exists between you and Distribution Market Advantage as a result of this agreement or your use of the website.