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

These terms of use are entered into by and between the undersigned (“you” or “your”) and DK Pierce & Associates, Inc. (“DKP”) (you and DKP collectively referred to herein as “we”, “us” or “our”). The following terms and conditions, together with any documents the terms and conditions incorporate herein by reference (collectively, "Terms of Use"), govern your access to and use of DKP Scout, including any content, functionality, and services offered on or through https://www.dkpscout.com ("Web Site"), whether as a guest or a registered user.

By using the Web Site and by clicking to accept and agree to the Terms of Use when the option is made available to you, you accept and agree to be legally bound by these Terms of Use concerning access to and use of the Web Site and Content (as defined below) provided on the Web Site. If you do not want to agree to the Terms of Use, you must not access or use the Web Site.

The Web Site is offered and available to users who are 13 years of age or older.  By using the Web Site, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Web Site.

 

The Web Site is operated by DKP and provides you with access to reports, graphics, images, documents, materials, webinars, information, contacts, products and services (the “Content”).

If you are accessing the Web Site as a paid customer or subscriber of DKP’s services, then your use of such services will also be governed by your specific agreement(s) with DKP 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 and the Web Site.

DKP reserves the right, in its sole discretion, to modify, discontinue or terminate the Web Site or services or to modify the Terms of Use, at any time and without prior notice. If DKP modifies the Terms of Use, DKP will post the modification on the Web Site or otherwise provide you with notice of the modification. DKP will also update the “Last Updated” date in the Terms of Use. All changes are effective immediately when DKP posts them. By continuing to access or use the Web Site or services after DKP has posted a modification to the Terms of Use or has provided you with notice of a modification, you accept the changes and agree to be bound by the modified Terms of Use. You are expected to check the Terms of Use from time to time so you are aware of any changes, as the changes are binding on you. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Web Site and services.
 
To submit feedback, comments, requests for technical support, and other communications relating to the Web Site, or to report abuse of the Terms of Use, you may contact DKP here.

1.  Use of Web Site Content. DKP grants you a non-exclusive, non-transferable, limited license to access and use the Content solely in accordance with the Terms of Use for and as authorized by DKP. Subject to the Terms of Use, you may view, download and print the Content solely for your informational and non-commercial use. You agree not to reproduce, distribute, display, perform, transmit, modify, create derivative works of, republish, transmit, sell or otherwise make available any of the Content, in whole or in part, in any manner that is not authorized by DKP in writing. You must not remove or modify any copyright, trademark or other proprietary notices that DKP or its licensors have placed in the Content.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Web Site in breach of the Terms of Use, your right to use the Web Site will cease immediately and you must, at DKP’s option, return or destroy any copies of any and all materials you have made. No right, title, or interest in or to the Web Site or any Content on the Web Site is transferred to you, and all rights not expressly granted are reserved by DKP. Any use of the Web Site not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

2. Proprietary Rights. You acknowledge and agree that the Web Site and the Content, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and trademarks, logos, and related names and logos, product and service names, designs, and slogans are the property of DKP or its licensors or other providers and are protected by copyright, trademark and other intellectual property or proprietary rights laws. Nothing in the Terms of Use or on the Web Site grants you any right to use any trademarks, service marks, logos, related names and related logos, products and service names, designs, and slogans displayed on the Web Site without DKP’s or DKP’s licensor’s express written consent. You shall not use any name, trademark, service mark, logo, related names or related logos, products and services names, designs, and slogans of DKP in any advertising or promotional materials, or to suggest any relationship between you and DKP, or in any manner that would infringe any of DKP’s 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 DKP, or from your employer in accordance with its MSA with DKP. 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 DKP 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 DKP 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:

Additionally, you agree not to:

DKP has the right to monitor all access to and activity on the Web Site and may, in DKP’s sole discretion, terminate your access to the Web Site.

5. Reliance on Information Posted. The information presented on or through the Web Site is made available solely for general information purposes. DKP does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. DKP expressly disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Web Site, or by anyone who may be informed of any of its Content.

The Web Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DKP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DKP. DKP is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

6. Disclaimer of Warranties. You understand that DKP cannot and does not guarantee or warrant that files available for downloading from the internet or the Web Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to DKP’s site for any reconstruction of any lost data.

Your use of the Web Site, its Content, and any services or items obtained through the Web Site is at your own risk. The Web Site, its Content, and any services or items obtained through the Web Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. Neither DKP nor any person associated with DKP makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Web Site. Without limiting the foregoing, neither DKP nor anyone associated with DKP represents or warrants that the Web Site, its Content, or any services or items obtained through the Web Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that DKP’s site or server that makes it available are free of viruses or other harmful components, or that the Web Site or any services or items obtained through the Web Site will otherwise meet your needs or expectations.

7. Limitation of Liability. To the fullest extent provided by law, in no event shall DKP, its affiliates, licensors, service providers, employees, agents, shareholders, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Web Site, any websites linked to the Web Site, any Content on the Web Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, damages for loss of business or anticipated savings, loss of revenue, loss of profits, loss of use, loss of goodwill, loss of data, and 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. 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 proprietary right of a third party by reason of your use of the Web Site or DKP services. The negation of damages set forth above is a fundamental element of the basis of the bargain between DKP and you. The Web Site and DKP services would not be provided without such limitations. If you are dissatisfied with the DKP services or any of the Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site and DKP services immediately. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, DKP’s liability shall be limited to the fullest extent permitted by law.

8. Indemnification. You agree to indemnify, defend and hold harmless DKP, its partners, affiliates, licensors, service providers, and its and their respective attorneys, employees, agents, shareholders, officers, directors and assigns from any liability, loss, claim, damages, judgments, awards, costs, fees, and expenses including reasonable attorneys' fees, arising out of or relating to your violation of these Terms of Use, and your use of the Web Site and the DKP services or products, other than as expressly authorized in these Terms of Use or the MSA.

9. 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 DKP of the content of any such third-party web sites. DKP has no control over and is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such sites and DKP does not accept any responsibility for the third-party sites or for any loss or damage that may arise from your use of them. If you decide to access linked third-party web sites, you do so at your own risk and subject to the terms and conditions for use of such web sites.

10. Severability and Waiver. If any provision of the 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. DKP’s failure to act with respect to a breach by you or others does not waive DKP’s right to act with respect to subsequent or similar breaches.

11. Jurisdiction/Choice of Law. You agree that the 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 the Terms of Use or any other agreement related to the use of the Web Site shall be brought solely in Indianapolis, Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Entire Agreement. The Terms of Use, along with any corresponding MSA, sets forth the entire agreement between you and DKP with respect to the subject matter hereof.