DKP Scout

DKP Scout™

Last Updated: September 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.

By using the Web Site, you are agreeing to comply with and be legally bound by these Terms of Use concerning access to and use of the Web Site and Content provided on the Web Site.

Welcome to our website (the “Web Site”). The Web Site is operated by DK Pierce & Associates, Inc. (collectively, “DKP”, “we”, “us” or “our”). The Web Site provides you with access to reports, graphics, images, documents, materials, webinars, information, contacts, products and services (the “Content”).

If you are accessing this Web Site as a paid customer or subscriber of our services, then your use of such services will also be governed by your specific agreement(s) with us for such services (the “Master Service Agreement” or “MSA”). If the terms of any MSA contradict these Terms of Use, then the MSA will take precedence and govern your use of such services.

DKP reserves the right, at its sole discretion, to modify, discontinue or terminate the Web Site or services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Web Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date in these Terms of Use. By continuing to access or use the Web Site or services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Web Site and services.

You can report abuse of our Terms of Use here.

1. Use of Web Site Content.
We grant you a non-exclusive, non-transferable, limited license to access and use the Content solely in accordance with these Terms of Use. Subject to these Terms of Use, you may view, download and print the Content solely for your informational use. You agree not to reproduce, distribute, display, perform, transmit, modify, sell or otherwise make available any of the Content, in whole or in part, in any manner that is not authorized by us in writing. You will not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content. You must be 13 years or older to use the Web Site or DKP services.

2. Proprietary Rights.
You acknowledge that the Web Site and the Content are the property of DKP or its licensors and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms of Use or on the Web Site will be construed as granting you any right to use any trademarks, service marks or logos displayed on the Web Site. You agree not to use any name, trademark or logo of DKP in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.

3. Restricted Areas, Passwords and Security.
Certain areas of the Web Site may be accessed and used only by clients to whom DKP has issued passwords (“Restricted Areas”). You are not authorized to access or use Restricted Areas unless you have received a password from us, or from your employer in accordance with its MSA with us. You may not share your password or access to the Web Site, and you may not use another person’s password to access the Web Site, under any circumstances whatsoever.

If you are authorized to access and use a Restricted Area because you have received a password from us or from your employer in accordance with an MSA (an “Authorized User”), you are responsible for maintaining the confidentiality of your password. You agree that you will not share your password with any other person or entity. You are responsible for all activities that occur in connection with your password, and you agree to notify us immediately of any unauthorized use of your password or account. You agree not to reproduce, distribute, display, perform, transmit, create derivative works of, or otherwise make available, any Content from Restricted Areas, in whole or in part, except as expressly allowed by the Terms of Use or by the express terms of the applicable contract between you or your employer and DKP.

4. Unlawful and Other Prohibited Uses of the Web Site.
You shall abide by all applicable local, state, national and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your use of the Web Site, including those related to the protection of intellectual property, data privacy, international communications and transmission of technical or personal data. By way of example, and not as a limitation, you will not, directly or indirectly:

Attempt to gain unauthorized access to the DKP Web Site, DKP services, other accounts, computer systems or networks associated with the DKP services, through password mining or any other means;
Harvest or otherwise collect information about others, including email addresses, without their consent;
Use a false identity or forged email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages;
Interfere with or disrupt networks or websites associated with the DKP services or violate the regulations, policies or procedures of such networks;
Interfere with another person's use and enjoyment of the DKP services or use and enjoyment of similar services.

You agree that we may, in our sole discretion, terminate your access to the Web Site. We may monitor all access to and activity on the Web Site.

5. Limitation of Liability.
While we have taken all reasonable steps to ensure the accuracy and completeness of the Content on the Web Site, you understand that all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of non-infringement, merchantability and fitness for a particular purposes). DKP is not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. No warranty is given that the Web Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. DKP shall have no obligation to defend any claim or suit, or to hold harmless or indemnify you against any allegation of infringement or violation of any patent right of a third party by reason of your use of the DKP Web Site or services. The negation of damages set forth above is a fundamental element of the basis of the bargain between DKP and you. The DKP Web Site services would not be provided without such limitations. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in these Terms of Use. If you are dissatisfied with the DKP services or any of these Terms of Use, your sole and exclusive remedy is to discontinue using the DKP services immediately. Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

6. Indemnification. You agree to indemnify, defend and hold DKP and its partners, attorneys, employees, agents and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys' fees, related to your violation of these Terms of Use, use of the DKP services, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees or assigns.

7. Links to Third-Party Sites. The Web Site may contain links to third-party web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk.

8. Severability/Waiver. Any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

9. Jurisdiction/Choice of Law. You agree that these Terms of Use shall be treated as though they were executed and performed in Indianapolis, Indiana, and shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms of Use or any other agreement related to the use the Web Site shall be brought solely in Indianapolis, Indiana.

10. Entire Agreement. These Terms of Use, along with any corresponding MSA, set forth the entire agreement between you and us with respect to the subject matter hereof.