Last Modified: August 9, 2023

1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and DMS International (“DMSI,” “we,” or “us”). The following terms and conditions, and any other documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of DMSI web-based simulation software (the “Platform”), including any content, functionality, and services offered on or through dms.academy (the “Website”) and any information, content, text, graphics, photos, or other materials uploaded, downloaded, purchased, or appearing on or through the Website or the Platform (collectively referred to as “Content”). These Terms of Use apply to all visitors, users, and others who access and use the Website or Platform (“Users”).

Please read the Terms of Use carefully before you start to use the Website or Platform. By using the Website or the Platform or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://dms.academy/privacy-policy/ (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website or the Platform. The Terms are effective upon your use of the Website or the Platform or upon your clicking to accept or agree to the Terms when this option is made available to you.

Notwithstanding the foregoing, nothing in these Terms of Use supersedes or limits your rights under (1) the terms and conditions of any written agreement you or your institution have entered into with DMSI regarding the use of the Website or the Platform, or (2) applicable laws or regulations to the extent these Terms of Use are prohibited by such laws or regulations. In the event of any conflict between these Terms of Use and the terms and conditions of an applicable written agreement you or your institution have entered into with DMSI, the terms and conditions of the written agreement shall control.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Section 17 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website or the Platform. Your continued use of the Website or the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time the ensure that you are aware of any changes, as they are binding on you.

3. Accessing the Website and the Platform
   • To use the Website or the Platform, you represent that: (1) you are at least 18 years of age or older; (2) you will have only one account (an “Account”) through the Website or the Platform, which must be in your legal name; and (3) you are not already restricted by DMSI from using the Website or the Platform. Creating an Account with false information, including Accounts registered on behalf of others or persons under the age of 13, is a violation of the Terms of Use.
   • In cases where you have authorized or registered another individual, including a minor younger than 18 years of age, but of the required age for consent to use online services where they live, to use your account(s), you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Website or the Platform; and (iii) the consequences of any misuse. DMSI requires that the parents, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of the Platform by such minor. DMSI reserves the right to provide access to the minor’s account to the minor’s parents, guardian, or other authorized adult or educational institution, upon such adult’s request. For additional information on how we use your information, please see our Privacy Policy.
   • You represent and warrant that all the information you provide on or through the Website or the Platform, including all information provided to create and maintain your Account, is correct, current, and complete. You also acknowledge that your Account is personal to you, and you agree not to provide any other person with access to the Website, the Platform, or portions thereof using your Account, user name, password, or other security information.
   • All information you provide to register with the Website, the Platform, or otherwise, including, but not limited to, creating your Account or through the use of any Interactive Services, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
   • We reserve the right to withdraw or amend the Website or the Platform, and any service or material we provide on the Website or the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Platform, or the entire Website or the Platform, to Users, including registered Users.
   • We have the right to disable any Account, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Account Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account, user name, or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You should only use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and have at least ten (10) characters) with your Account.

5. Privacy
   • Any information that you provide to DMSI, including first name, last name, email address, and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Website or the Platform (“Your Information”), will be collected, maintained and used in order to provide the Website or the Platform to you or your institution, or in accordance with these Terms of Use, our Privacy Policy, found at https://dms.academy/privacy-policy/, and any agreement entered into by your institution relating to the Website or the Platform. By using the Website or the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
   • For the avoidance of doubt, personal information that includes Student Data (defined below) provided to DMSI through the use of the Platform is governed by the terms of the agreement between DMSI and the educational institution relevant to your use of the Platform. As between DMSI and you, you and/or the educational institution own all right, title, and interest to all Student Data you provide or otherwise make available to us, and we do not own, control, or license such Student Data, except so as to provide the Platform to you and to the educational institution that provides the products and controls Student Data from the educational records, if applicable, and as described herein. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the Platform. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). DMSI agrees to treat Student Data as confidential and not to share it with third parties other than as described in DMSI’s agreement with the educational institution.
6. User Contributions
   • The Website or the Platform may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) Content or materials (collectively, “User Contributions”) on or through the Website or the Platform.
   • All User Contributions must comply with the Content Standards set out in these Terms of Use.
   • You are responsible for User Contributions that you post to the Website or the Platform and any consequences thereof. The User Contributions you submit, post, or display may be viewed by other Users. Further, we are not responsible for the use of any personal information that you disclose to other Users on the Website or the Platform.
   • We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Platform. All User Contributions, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Contributions.
   • We may not monitor or control the User Contributions posted via the Website or the Platform, and we do not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Website or the Platform or obtained by you through the Website or the Platform is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website or the Platform, or by anyone who may be informed of any of its contents.
   • Any User Contribution you post to the Website or the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose the purpose of providing the Website or Platform (including after termination of your use of the Website or the Platform) and according to your account privacy settings.
   • You represent and warrant that:
   • You have validly entered into this Agreement and have the legal power to do so.
   • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

iii.       All of your User Contributions do and will comply with these Terms of Use.

7. Intellectual Property Rights
   • The Website, the Platform, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), DMSI’s name, the term “DMA Academy”, the DMSI’s logo, and all related names, logos, product and service names, designs, and slogans are owned by DMSI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
   • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or the Platform, except as follows:
   • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
   • You may store files that are automatically cached by your Web browser for display enhancement purposes;
   • You may print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution;

• • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our End-User License Agreement for such applications; and
  • If we provide social media features https://dms.academy/contact-us/ with certain content, you may take such actions as are enabled by such features.
  • You must not:
    • Modify copies of any materials from the Website or the Platform;
    • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
    • If you wish to make any use of material on the Website or the Platform other than as set out in this section, please address your request to: victor.motti@dmsinetwork.com.
    • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or the Platform in breach of the Terms of Use, your right to use the Website or the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or the Platform or any content on the Website or the Platform is transferred to you, and all rights not expressly granted are reserved by DMS International. Any use of the Website or the Platform not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.
    • We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Contribution has been copied in a way that constitutes copyright infringement, please provide us with the following information:
      • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
      • identification of the copyrighted work claimed to have been infringed;
      • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
      • your contact information, including your address, telephone number, and an email address;
      • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • We reserve the right to remove User Contributions alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website or the Platform is:

DMS International

Attn: Victor Motti

804 Pershing Drive, Suite 204, Silver Spring, MD 20910

Email: victor.motti@dmsinetwork.com

8. Prohibited Uses
   • You may use the Website and the Platform only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to use the Website or the Platform:
     • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
     • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
     • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;

• • • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
    • To impersonate or attempt to impersonate DMSI, a DMSI employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
    • To post or disseminate information or interact on the Website or the Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; or
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Platform, or which, as determined by us, may harm the DMSI or Users, or expose them to liability.

• • Additionally, you agree not to:
    • Use the Website or the Platform in any manner that could disable, overburden, damage, or impair the Website or the Platform or interfere with any other party’s use of the Website or the Platform, including their ability to engage in real time activities through the Website or the Platform.
    • Use any robot, spider, or other automatic device, process, or means to access the Website or the Platform for any purpose, including monitoring or copying any of the material on the Website or the Platform;
    • Use any manual process to monitor or copy any of the material on the Website or the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
    • Use any device, software, or routine that interferes with the proper working of the Website or the Platform;

1. 1. • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
      • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the Platform, the server on which the Website or the Platform is stored, or any server, computer, or database connected to the Website or the Platform;
      • Attack the Website or the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
      • Otherwise attempt to interfere with the proper working of the Website or the Platform.

9. Content Standards
   • These content standards (the “Content Standards”) apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
     • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
     • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
     • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

• • • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms or the Privacy Policy;
    • Be likely to deceive any person;
    • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
    • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

• • • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
    • Give the impression that they emanate from, or are endorsed by, us or any other person or entity, if this is not the case.

10. Monitoring and Enforcement; Termination

1. • We have the right to remove any User Contributions for any or no reason in our sole discretion. We do not undertake to review User Contributions before it is posted on the Website or the Platform, and cannot ensure prompt removal of objectionable User Contributions after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
   • We reserve the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, the Platform or the public, or could create liability for DMSI.
   • We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Platform.
   • We reserve the right to terminate or suspend your access to all or part of the Website or the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
   • Both You and DMSI may terminate the Terms at any time with notice to the other. If you wish to terminate the Terms, you can do so by closing your Account and no longer accessing or using the Website or the Platform. On termination, You lose the right to access or use the Website and the Platform. Notwithstanding the foregoing, the following provisions of the Terms shall survive termination: Sections 6, 7, 10 and 13 through 19.

11. Linking to the Website and Social Media Features
    • You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
    • The Website or the Platform may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Platform or (ii) send emails or other communications with certain content, or links to certain content, on this Website. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the Website, the Platform, or portions of the Website or the Platform to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or (iii) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
    • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
    • You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
    • We may disable all or any social media features and any links at any time without notice in our discretion.
12. Links from the Website

If the Website or the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Disclaimer of Warranties
    • You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, or the Platform 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 our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    • YOUR USE OF THE WEBSITE, THE PLATFORM ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE, THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DMSI NOR ANY PERSON ASSOCIATED WITH THE DMSI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DMSI NOR ANYONE ASSOCIATED WITH DMSI REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    • TO THE FULLEST EXTENT PROVIDED BY LAW, DMSI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability

In no event shall DMSI be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or the Platform, even if we have been advised of the possibility of such damages.

15. Indemnification

You agree to indemnify, defend, and hold DMSI harmless from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website or the Platform.

16. Governing Law and Jurisdiction

All matters relating to the Website, the Platform, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

17. Arbitration

At DMSI’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

18. Waiver and Severability
    • No waiver by DMS International of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DMS International to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    • If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
19. Entire Agreement
    • The Terms of Use, our Privacy Policy, and End-User License Agreement constitute the sole and entire agreement between you and DMS International regarding the Website and the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Platform.
    • No waiver by DMS International of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DMS International to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20. Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website or the Platform should be directed to: victor.motti@dmsinetwork.com