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Terms of Use (effective date May 1, 2018)

Introduction and Overview

Welcome to Data and Contact Management Solutions! Data and Contact Management Solutions, and our affiliates and subsidiaries (“DCMS”, “we”, “us” and “our”) urge you to carefully review these Terms of Use (“Terms”) as they contain the legal terms and conditions that govern your use of and access to (1) https://www.dcmservices.com/ and DCMS ServiceLinkTM located at https://servicelink.dcmservices.com/public (including, both mobile and online versions of the websites); and (2) any other websites or digital platforms owned and operated by DCMS, on which these Terms appear (each individually, a “Site”). We hope you find our Site informative and helpful.

Please read the terms of use carefully since this is a legally binding agreement.

As used in these Terms, “you” or “your” refers to you or to any other person you authorize to use our Site on your behalf, including in your capacity as the personal representative, executor, trustee, or similar role of a decedent’s estate.

Acceptance and Modification of Terms

By accessing our Site, you agree to these Terms and to our Privacy Policy and to any additional rules that we may post on the Site. DCMS may make changes to these terms at any time without notice.  We may notify you by posting updated terms and conditions on the Site and your use is subject to those changes. Your continued use and access of the Site following any changes to these Terms will constitute your acceptance of any changes to our Terms.

You acknowledge that you have reviewed these Terms in their entirety, that you agree to these Terms in their currently-posted form, and that these Terms constitute binding and enforceable obligations on you. You agree to be bound by any modifications, changes, or revisions by us. You agree that you are responsible for reviewing these Terms regularly, and your continued use and access of the Site constitutes your acceptance of any modifications, changes, or revisions to the Site or these Terms.  DCMS reserves the right to refuse service and terminate your access to all or part of the Site with or without notice at any time in its sole discretion.

Online Services for Registered Users

We operate an electronic platform/system, DCMS ServiceLinkTM, that enables consumers to access and use certain online services offered by us ("Online Services") through the Site. The material on this Site includes general non-proprietary information available to all users of the Site, but in order to access and use the Services you will be required to register on the Site. If you create an account via DCMS ServiceLink™, you are responsible for maintaining the confidentiality of your username and password.

You are responsible for any and all activities that occur under your account.  You agree to keep confidential your username and password. You agree to immediately notify DCMS of any unauthorized use of your account, or any other security breach of which you are aware, by phone at 1-877-326-8786 or via the “Contact Us” form at https://servicelink.dcmservices.com/public/contact.

If you permit any other person access to your account, through username, password, or any other means of access, you are responsible for any transactions that may result from such access.  You agree to indemnify, defend, and hold harmless DCMS, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to your use of the Site or use by any other person accessing the Site using your username and password or other means of account access.

Please understand that we will disable dormant DCMS ServiceLink™ accounts due to inactivity.

 Disclaimer

All materials, information and services included in or available through the Site are provided "as is" and "as available" for your use. To the extent possible, DCMS intends for account information provided via the Online Services to be up-to-date, but cannot guarantee and does not warrant the accuracy or reliability of the information, materials or functions available through the Site. For example: Due to processing times, balances may not reflect payments received that business day, and settlement or payoff agreements may not immediately be reflected. DCMS disclaims all warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or noninfringement. DCMS does not warrant that the content of this Website is accurate, reliable or correct; that this website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

 Limitations on Use

You will not transmit any material or information to the Site that is false, libelous, defamatory, obscene, profane, or solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law. You are responsible for respecting and adhering to state, federal and international laws at all times with respect to their use of the Site.

External Websites

The Site may contain links to third-party websites ("External Websites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites.

Intellectual Property Rights

The Sites contain valuable DCMS owned content and material protected by copyrights, trademarks or other proprietary rights and laws. Any use of DCMS owned content without the prior express permission of DCMS is strictly prohibited. Unauthorized copying, reproduction, modifying, republishing, posting, transmitting, downloading, making derivative works or duplicating all of any part of the Sites is prohibited.

Limitation of Liability

DCMS and its suppliers will not be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, our Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, liability shall be limited to the extent permitted by law.

Applicable Laws

These Terms entered into will be governed by and construed in accordance with the laws of the Minnesota and the laws of the United States, as applicable, without regard to conflict of law provisions.

Compliance with Applicable Laws

We control and operate the Site from our office in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Restrictions

We understand the importance of protecting children's privacy, particularly in an online environment. Our Site is not designed to attract children under the age of thirteen (13).  In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly collect, solicit or accept, personally identifiable information about any person known to be under the age of thirteen (13) years of age. This is consistent with our Privacy Policy.

Severability

To the extent any provision of these Terms shall be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Headings

Headings are for reference only and shall not be deemed a part of the construction of these Terms.

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