Please read these Terms and Conditions carefully. By ordering a Report via this website from DMG Consulting LLC (“DMG”), you hereby agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website. As used herein “you” shall mean both the individual submitting an order via this website and the legal entity (i.e., corporation, LLC or partnership) on whose behalf the Report is being purchased.
Ordering and Payment Information: Reports offered on this website are ordered from DMG. Your orders through this website are subject to acceptance by DMG and are not binding on DMG unless so accepted. Prices, content and availability of Reports are subject to change without notice. In the event Reports are listed at an incorrect price due to an error, DMG shall have the right to refuse or cancel any orders placed for Reports listed at the incorrect price. DMG shall have the right to refuse or cancel any orders whether or not an order confirmation has been sent and/or payment has, been made. If payment has already been made and your order is canceled, DMG shall refund the price you paid. Any term or condition or standard of performance different from or in addition to those set forth herein must be agreed to, in writing, by DMG in advance, and in the event of any conflict or inconsistency between these Terms and Conditions and any document or terms proposed by you, these Terms and Conditions will control. You agree that your order of any Reports provided by DMG shall constitute your irrevocable acceptance of these Terms and Conditions.
Rights Acquired: By ordering a Report via this website, you are not purchasing or taking title to the Report but are instead acquiring a license to use the Report.
Reports May Not be Shared with Third Parties: You acknowledge that the Reports ordered from DMG, and the data, materials and information contained therein, are protected by copyright, have been obtained, developed and provided by DMG at substantial effort and expense, and include data, materials and information that is proprietary to and the confidential information of DMG. You agree that such data, materials and information may only be disclosed to and used by your employees and officers, and may not be disclosed to or used by any third party, including any of your consultants or service providers, without DMG’s prior written consent.
Disclaimer or Warranties and Limitation of Liability: Substantial effort goes into verifying and validating the accuracy of the information contained within DMG’s Report, but DMG cannot guarantee that all information is complete, accurate, or current or that the recommendations contained within the Reports are adequate or appropriate for your particular situation. DMG shall not be liable for any errors or omissions in the information or recommendations contained in the Reports or for any losses or damages arising from use hereof. THE REPORTS ARE PROVIDED BY DMG ON AN “AS IS” AND “AS AVAILABLE” BASIS. DMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR CONTENTS OF THE REPORTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO AFFIRMATION OF DMG, BY WORDS OR ACTION SHALL CONSTITUTE A WARRANTY HEREUNDER.
Indemnity: You agree to indemnify and hold DMG and its owners, agents, and employees harmless from any claims, losses, liabilities or damages, including reasonable attorneys’ fees, arising out of your acquisition or use of any Report or your violation of these Terms and Conditions.
Miscellaneous: These Terms and Conditions constitute the entire agreement between you and DMG with respect to the subject matter hereof and govern the Reports ordered through this website. These Terms and Conditions and the transactions undertaken through use of this website shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and DMG agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Essex, Jersey. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms and Conditions shall remain in full force and effect.