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Terms & Conditions

Please read the following terms and conditions of use (the “Terms”) carefully before using this service.  By using this service, you signify your acceptance and agreement to the Terms.  IF YOU DO NOT ACCEPT AND AGREE WITH THE TERMS, PLEASE DO NOT USE THIS SERVICE.  Does That Make Sense (“DTMS”) may change the Terms from time to time.  Please review this section frequently for any change  in the Terms.  If you do not accept and agree with any changes in the Terms, you may terminate the use of this service at any time.  Your continued use of this service constitutes your acceptance and agreement that you acknowledge the modifications and that you will abide by the new Terms.

You agree and continue to agree to use this service in a manner consistent with all applicable laws, rules, and regulations and in accordance with the Terms.  DTMS reserves the right to terminate any user for any reason whatsoever.  You understand that DTMS may change, discontinue, or suspend any aspect of this service at any time without notice or liability.  The term “DTMS” as used herein includes the corporate entity, Eureka Equities, Inc. and its directors, officers, employees, agents, successors, and assigns.

COPYRIGHT – RESTRICTIONS ON USE OF MATERIALS

This service and its content, including text, graphic, photographic, video, and audio files, is protected by all applicable copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States and other countries.  No material from DTMS or any website operated, licensed, or controlled by DTMS may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.  Modification of the materials is a violation of the copyright and other proprietary rights of DTMS.  For purposes of this Agreement, the use of any such material on any other website is prohibited.  You acknowledge that DTMS remains the owner of the posted materials, and that you do not acquire any of those ownership rights by downloading copyrighted material.

You agree to use the Website and all material on the site solely for your own noncommercial use or benefit and not to sell, resell, or exploit for any commercial purposes any portion of this service, the use of this service, any work product provided to you, or access thereto.

You understand and agree that you acquire no rights or licenses in or to this service and the materials contained therein, other than to use this service according to the Terms of this agreement.

DISCLAIMER, LIMITATION OF LIABILITY, AND WARRANTY

YOU AGREE THAT USE OF ANY OR EVERY PART OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.  DTMS SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DTMS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  DTMS DOES NOT WARRANT THAT THE SITE OR MATERIALS IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  DTMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR THE SERVICES PROVIDED THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DIRECT OR INDIRECT DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF A DTMS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT DTMS IS NOT LIABLE FOR THE NEGLIGENT, TORTIOUS, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NEITHER DTMS NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS SERVICE, OR INABILITY TO GAIN ACCESS TO OR USE THIS SERVICE, OR OUT OF ANY BREACH OF ANY WARRANTY.  YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SERVICE.

CONFIDENTIALITY AND SECURITY

Once you become a user of this service, you shall receive a user name and password.  You may not use another person’s password.  You may not use another person’s password to impersonate that person.  You are entirely responsible for maintaining the confidentiality of your password.  Furthermore, you are entirely responsible for any and all activities that occur under your password.  You may change your password at any time by following the instructions provided.  You agree to immediately notify DTMS of any unauthorized use of your password or any other breach of security that you know of.

We will take reasonable steps to prevent third parties from illegally accessing the information that you send us.  However, there is always some risk that a third party will improperly access your information.  By using this service, you agree to accept this risk and agree to hold DTMS harmless from any claims resulting from improper access to your information.

TRADEMARKS 

You acknowledge that DTMS logotype, and other symbols and graphic elements in and on the service are trademarks owned by DTMS.

INDEMNIFICATION

You agree to indemnify DTMS and its affiliates, directors, employees, agents, and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from (1) your use of this service; or (2) from your breach of the terms of this Agreement; or (3) from any such acts by someone else through your password, your equipment, and your facilities.

ADDITIONAL SPECIFIC RELEASE OF LIABILITY

You understand and agree that you take full responsibility for the decision to access and to continue to use the information provided by the instructors through this service.  The instructors who provide information believe it to be accurate and reliable.  However, much of the information provided represents opinion or judgment.  Neither DTMS nor the instructors guarantee the accuracy or completeness of any information provided in this service.  Neither DTMS nor the instructors will be responsible for any errors or omissions or for the results obtained from the use of such information or ideas contained, suggested, or referenced in this service.  Your participation in this service therefore is solely at your own risk.  In addition, you hereby release and agree to hold DTMS , their affiliates, directors, officers, employees, agents, successors, and assigns harmless from any act of nonfeasance, misfeasance, or malfeasance by the advisors or instructors.  You agree to fully indemnify and hold DTMS and its affiliates, directors, officers, employees, agents, successors, and assigns, and separately and individually, the advisors and instructors accessed through the service, harmless from any and all claims, demands, losses, liabilities, damages, or expenses for investigation or reasonable attorney’s fees and/or court costs arising out of, or in any way related to, this Agreement, including any personal injury or property damage whether such liabilities, claims, or demands arise out of the negligent acts of DTMS or from some other cause.  Furthermore, the aggregate liability arising to DTMS under or with respect to the Agreement, and specifically the advisory services, shall in no event exceed the total fees paid or payable by you to DTMS.

DEALINGS WITH ADVERTISERS

Your dealings with advertisers or other parties found on or through this service, including payment and delivery of such advertiser’s or other party’s goods and services, are solely between you and the advertiser or other party.  You agree that DTMS shall not be liable for any loss or damage of any kind related to such dealings.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving any effect to any principles of conflicts of law.  Any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of New York.  You agree to submit to the exclusive jurisdiction of the courts of the State of New York.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and supersedes all previous agreements.  Any use of this service by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.

I UNDERSTAND AND AGREE TO THE TERMS OF SERVICE AND WANT TO ACCESS DTMS WEBSITE SERVICES.