Terms of Use and Privacy Policy

Terms of Use and Privacy Policy

Terms of Use

The web sites, www.DPCData.com and www.MuniFilings.com, (referred to herein, both singly and collectively, as the “Web Sites”) are owned and operated by DPC DATA Inc.  The following Terms of Use, (together with our Privacy Policy, collectively “Terms of Use”), describe the terms, covenants, and conditions which govern your use of the Web Sites.  By your use of the Web Sites, you agree to follow and be bound by these Terms of Use.  If you do not agree or accept the terms and conditions set forth herein, you will be denied access and we will not authorize you to use the Web Sites.

1.  Agreement

These Terms of Use constitute an agreement between you and DPC DATA Inc. with respect to your use of the Web Sites and the receipt by you of any services, documents and/or data from the Web Sites.  By accessing the Web Sites, you acknowledge that you have read and understand the Terms of Use and the Privacy Policy set forth herein and agree to be legally bound by them.

When you register as a user of the Web Sites or for any feature offered thereon, you will be prompted to affirmatively agree to these Terms of Use and our Privacy Policy by clicking on the words “I agree” or “I accept”.   Your agreement or acceptance of these Terms of Use is a condition to gaining access to the Web Sties and by clicking the words “I agree” or “I accept”, you will confirm that you have read these Terms of Use and the Privacy Policy and agree to be legally bound by them and understand that your continued use of the Web Sites is expressly conditioned upon your compliance with these Terms of Use.   If you do not agree or accept all of these Terms of Use, you will not be given authorization or access to use the Web Sites.  You may unsubscribe to any feature or service for which you have previously subscribed by clicking on the “unsubscribe” link available on the Web Site.

You may be required to pay for the use of certain products or services, or to access certain of the information and/or documentation on the Web Sites.  We will charge your credit card only after we have verified your information through the proper channels.  This is for your protection as well as ours and will further aid us in the prevention of fraud.  If your credit card information cannot be verified, we will have no alternative but to decline your order.

2. Eligibility to Use the Web Sites

You must be at least eighteen (18) years of age or have reached the age of legal consent in your jurisdiction to access the Web Sties.  You may use the Web Sites and any of their features provided your use does not and will not violate any law in any applicable jurisdiction nor violate the terms and provisions of these Terms of Use. You may not, at any time during your use of the Web Sites,  impair, impede, damage, disrupt or in any way interfere with the Web Sites.  Without limiting the generality of the foregoing, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep-link, scrape, data mine, or otherwise use any information or material accessed, viewed, downloaded or otherwise obtained from the Web Sites.  You may not post any content from the Web Sites to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, blogs or other web sites without the prior written permission of DPC DATA Inc., which may be given or denied in its sole and exclusive discretion.

You further agree not to use the Web Sites or any information made available to you on the Web Sites (collectively, “Information”) for any unlawful purpose whatsoever.  You hereby  agree that you will cooperate in all respects with any requests by DPC DATA Inc. to protect its rights or the rights of its subsidiaries, affiliates, licensors, and third-parties which provide data and other Information to the Web Sites (collectively, “Third Party Providers”) to protect their respective rights in the Web Sites and in the Information.

3. Ownership of Information

The Web Sites are made available to you for the limited purposes set forth in and subject, at all times, to these Terms of Use.  Unless expressly stated otherwise in these Terms of Use, all right, title and interest in and to the Web Sites, and the Information contained therein, including, without limitation, all copyrights, trademarks and other proprietary or protected property, are and shall continue to be the exclusive property of DPC DATA Inc. and its Third Party Providers and you acknowledge and agree that these Terms of Use are expressly subject to any agreements between DPC DATA Inc. and its Third Party Providers relating to the Information.  DPC DATA Inc. will use commercially reasonable efforts to protect all proprietary information on the Web Sites.  If you believe that any Information posted on the Web Sites infringes your rights under any trademark or copyright law, please contact us immediately in writing at the following address:  DPC DATA Inc., 103 Eisenhower Parkway, Roseland, NJ 07068 Attn: President.

4. Content Disclaimer

DPC DATA Inc. and its Third Party Providers do not guarantee the accuracy, reliability, completeness, or timeliness of the Information on the Web Sites.   All Information contained in the Web Sites are provided “as is” and as available.  DPC DATA Inc. does not guarantee or warrant, and makes no representations that any Information comprising the Web Sites are appropriate for a  particular use and you assume the sole risk of using or relying upon any Information or services available to you through the Web Sites.

5. Third Party Content Disclaimer

If you access content from web sites through a link on the Web Sites (“Links”), YOU DO SO AT YOUR OWN RISK.  DPC DATA Inc. expressly disclaims, is not responsible for, and makes no representation and/or warranty that any content accessed through Links has been screened by DPC DATA Inc. or that such content is accurate, free from errors or Viruses (as defined below), or that the content is consistent with what the third party represents it to be. You hereby agree that DPC DATA Inc. shall not have any liability to you with respect to any damages which may result from your use of any Links which may appear on the Web Sites.

6. Downloaded Information

 Subject to these Terms of Use, you will be permitted to download Information from the Web Sites only when the Web Sites expressly authorize you to do so (“Downloaded Information”).  Downloaded Information may only be copied for your internal, non-commercial use and for no other purpose whatsoever.  Any copies of Downloaded Information made in compliance with this Paragraph 6 must contain all copyright notices and trademarks exactly as they appear on the original documents. You may not, under any circumstances whatsoever, modify, amend, change or otherwise use the Downloaded Information in any way other than as expressly stated in these Terms of Use.  Without limiting any other right or remedy available to DPC DATA Inc. at law or in equity, the permission to use Downloaded Information granted to you herein will automatically terminate in the event that you modify or otherwise use such materials in violation of this Paragraph 6, at which time you must immediately destroy all Downloaded Information and any copies thereof in your possession, custody or control.

DPC DATA Inc. expressly disclaims any responsibility and makes no representation or warranty that Downloaded Information will be free from viruses, worms, Trojan horses or other code (collectively “Viruses”) that may contaminate or destroy your property.  Should you download Downloaded Information, you do so at your own risk.  You are solely responsible for implementing adequate procedures and protections to safeguard yourself, your data and your property from Viruses and for maintaining adequate means to restore and/or reconstruct programs, data and/or other information which may be destroyed or otherwise corrupted by Viruses.  YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, COSTS AND EXPENSES INCURRED AS A RESULT OF YOUR USE OF DOWNLOADED INFORMATION AND THE WEB SITES.

7. No Advice or Solicitation

The Information and the Web Sites are to be used by you for informational purposes only and do not constitute and are not an offer or a solicitation of an offer to buy or sell any security,  or an endorsement or recommendation of any security by DPC DATA Inc., its subsidiaries, affiliates, officers, directors, employees, agents or Third Party Providers.  You acknowledge and agree that you are not to rely upon the Web Sites or any of the Information therein as investment or financial advice, you will make your own investigation independent of the Information and Web Sites prior to making any investment or financial decisions and that any investment or financial decisions made in reliance on the Information contained in the Web Sites are made at your own risk.

8. Disclaimer of Warranties and Limitation of Liability

THE WEB SITES AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS” AND THE ACCURACY OF THE INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BY YOU BEFORE YOU RELY UPON IT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO EXPRESS OR IMPLIED (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR USE, OR (C) WARRANTY OF ANY KIND REGARDING THE WEB SITES, THE INFORMATION AVAILABLE ON THE WEB SITE OR ANY ASPECT OF THE SERVICES PROVIDED BY THE WEB SITES (INCLUDING BY NOT LIMITED TO DOWNLOADED INFORMATION). NEITHER DPC DATA INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, NOR REPRESENTATIVES, NOR ITS THIRD PARTY PROVIDERS NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU, WHETHER CONDINGENT OR OTHERWISE, FOR THE TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION COMPRISING THE WEB SITES OR FOR YOUR USE OF OR ANY ACTIONS TAKEN BY YOU IN RELIANCE ON THE INFORMATION AND THE WEBSITES. NEITHER DPC DATA INC. NOR ITS THIRD PARTY PROVIDERS SHALL HAVE ANY LIABILITY  TO YOU OR ANY OTHER PARTY UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING FROM OR RELATING TO THE INFORMATION AND THE WEB SITES.

9. Indemnification

You agree to indemnify and hold harmless DPC DATA Inc., its subsidiaries, affiliates and their respective officers, directors, employees, agents and representatives, and the Third Party Providers and their officers, directors, employees, agents and representatives, from and against any and all third party claims, losses, liability, costs and expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to (i) your use of the Web Sites,  the Information or Downloaded Information, and/or (ii) any violation by you of these Terms of Use and/or any third party’s rights, including but not limited to copyright, proprietary and privacy rights.

10. Personal Data

Your personal information and our use of such information, is governed by our Privacy Policy set forth below.  We urge you to carefully review our Privacy Policy to learn how we handle and safeguard such information.

11. Force Majeure

DPC DATA Inc. shall not be held liable for its failure to comply with any of the terms and conditions of these Terms of Use if such failure, interruption of services or delay is directly or indirectly due to causes beyond its reasonable control, including, without limitations, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of Third Party Providers and/or other unaffiliated third parties, third party software providers or communication interruptions.

12. Entire Agreement

These Terms of Use and the Privacy Policy which follows embody the entire understanding between you and DPC DATA Inc. with respect to the Web Sites and the Information and supersede any and all prior representations and agreements, if any, oral or written, with respect thereto.

13. Term and Termination and Amendments

These Terms of Use are effective immediately upon the date and time when you first use the Web Sites.  We reserve the right to terminate these Terms of Use at any time and from time to time without further notice and we can deny you access to the Web Sites or any portion thereof at our sole and exclusive discretion.  We reserve the right to change the terms and conditions of these Terms of Use upon notice, which notice requirement may be satisfied by us by posting any change or modification on the Web Sites, or through the use of e-mail.  Any change or modification shall take effect immediately when posted on the Web Sites or as of the date which we send such change or modification directly to you, whether by e-mail or otherwise.  Your continued use of the Web Sites following the effective date of such change or modification will be conclusively deemed an acceptance of the amended Terms of Use.   You agree that posting of changes and modifications to these Terms of Use constitutes reasonable and sufficient notice of any change or modification to the Terms of Use.

14. Severability

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule by a court in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or any other jurisdiction, but this Agreement shall be construed and enforced in the affected jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein.

15. Waiver

Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any default or failure of performance. No waiver by DPC DATA Inc. or any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  Any waiver hereunder must be in writing signed by the party to be charged.

16. Choice of Law

These Terms of Use are governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to conflict of laws principles.  You hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of New Jersey for the purposes of adjudicating any matter arising from or in connection with these Terms of Use.

17. Assignment

These Terms of Use shall not be assigned by you under any circumstances; however, DPC DATA Inc. reserves the right to assign its rights and obligations under these Terms of Use.

Privacy Policy

The following sets forth our policy with respect to the treatment of information you provide to us or that we collect from you when you subscribe, visit and/or use the Web Sites (“Privacy Policy”).  You are hereby advised that this policy governs the actions of DPC DATA Inc. but does not apply to persons not employed by us or companies which are not owned or controlled by us (including our Third Party Providers and operators of web sites for which we provide Links).  Our Privacy Policy should be read in conjunction with the Terms of Use.

1. Scope of Policy

You must read this Privacy Policy carefully. This Privacy Policy applies only to information you provide to us online or that we collect from you while you are visiting or using the Web Sites.  It does not apply to information we have obtained through any other means.

2. Information Collected and Used By Us

We compile information you provide directly to us (“Personal Identification Data”), as well as general information concerning all users collected at different points on our Web Sites (“General Information”).  General Information does not include Personal Identification Data.

     Personal Identification Data: To obtain access to certain Information, products and services offered on the Web Sites, we require you to submit to us Personal Identification Data by completing the registration form presented to you when you register. Personal Identification Data includes personal information about you such as your name, title, address, email address, telephone number, fax number, company name, and other basic contact information.

     General Information:  We use “cookies” to collect General Information about our Web Sites and its users.  Cookies are computer files containing a unique identifier which is sent to your browser from our Web Site computer and stored on your computer’s hard drive.  DPC DATA Inc. uses cookies to recognize you when you return to the Web Sites.  General Information we collect may include, but not be limited to, the page from which the cookie was initially installed, the time and date of each visit you make to the Web Sites, and the cookie expiration date, among other things.   Most web browsers are set to accept cookies by default, but you can manually disable this feature on your browser.  Review your browser information or contact your browser provider  for further information on how to disable cookies.  Please be aware, however, disabling the cookies on your computer may result in the Web Sites not functioning properly during use.

3. Information We Collect and How it is Used

We use both Personal Identification Data and General Information to communicate with you and to provide you with requested products, services and Information or to offer you additional information, special offers and promotions, from time to time.  We will only send promotional materials, special offers and similar information to you if you consent to such solicitation during the registration process. We also use General Information (without revealing Personal Identification Data) to assist us in creating marketing profiles for our business, to attract and manage advertisers, to expand our company strategically and to audit the usage of the Web Sites.

It is our policy not to disclose your Personal Identification Data to any unaffiliated third party, our corporate partners or our vendors, without your express consent, except under the following limited circumstances:

(a) We may, from time to time, hire third parties to perform services to our company relating to our business and we may need to share your Personal Identification Data with these companies to allow them to perform the services for which they were hired.   Under these circumstances, we will only provide Personal Identification Data on an as needed basis and we will prohibit the use of any Personal Identification Data for any purpose other than fulfillment of such party’s contractual obligations to us.

(b) We may disclose Personal Identification Data to attorneys, private investigators, or law enforcement agencies if we believe you are (i) harming or interfering (or may imminently harm or interfere) DPC DATA Inc., users of the Web Sites, or any other person, (ii) violating (either intentionally or unintentionally) our Terms of Use or (iii) infringing on any of our legal rights, generally, or the rights of our Third Party Providers.

(c)  We may reveal your Personal Identification Data if we reasonably believe we are required to do so by law.

(d)  We may transfer all Personal Identification Data in connection with the sale of any, all, or substantially all of the assets of DPC DATA Inc.

4. Change, Modifications or  Removal of  Personal Identification Data

If you request changes and/or modifications to your Personal Identification Data, we will use our commercially best efforts to update your Personal Identification Data as soon as reasonably practicable. At your request, we will use our best efforts to remove your Personal Identification Data from our database; however, you should be aware that it may be impossible to completely remove all Personal Identification Data, due to backups and records of deletions.  If you wish to remove your Personal Identification Data from our database, send us an email with the term “Unsubscribe” in the subject line, to Webmaster@dpcdata.com.  You may also write to us with your request at Webmaster, DPC DATA Inc., 103 Eisenhower Parkway, Roseland, NJ 07068.

5. Credit Card Information.  In order to access information on our Web Site for which we charge a fee, you may be required to provide us with your credit card information.  We do not share your credit card information with any third parties.  To protect the security of your credit card information, we employ security measures which are consistent with industry standards.  .

6. Security of Personal Identification Data

We have implemented security systems designed to prevent unauthorized disclosure of Personal Identification Data and Credit Card Information.  Because of changing Internet communications and evolving technologies, we cannot guarantee absolute security for this information, and we expressly disclaim any assurance that your Personal Identification Data and Credit Card Information will not be lost, misused, or altered by third parties who, despite our best efforts, obtain unauthorized access.

7. Use of the Web Sites by Minors

We do not knowingly collect, either online or offline, Personal Identification Data from persons under the age of eighteen (18) and only persons over the age of eighteen (18) are permitted to register for and use our Web Sites.  If we discover that an under-aged person accessed our Web Site and provided us with Personal Identification Data during the registration process, we will immediately delete the information from our databases

8. Modifications

We reserve the right to change, modify or terminate this Privacy Policy, in our sole and exclusive discretion and in accordance with the procedures set forth in paragraph 13 of the Terms of Use.  Your continued use of the Web Sites following any such change, modification or termination constitutes your agreement to be bound by this Privacy Policy, as changed, modified or terminated, as the case may be.

9. Terms of Use

This Privacy Policy must be read in conjunction with our Terms of Use, which are incorporated herein.

10. Consent to Collection of Information

By using the Web Sites, you consent to the collection and use by us of information in accordance with the terms of this Privacy Policy.  If you do not agree with some or all of the terms of this Privacy Policy, you may not register to use or otherwise visit the Web Sites.

11. Contact Information

For general information, you may contact us by email or regular mail at the addresses set forth below.  If you wish to formally notify us in accordance with the Terms of Use or Privacy Policy, you must notify us in writing, by mail at the address set forth below.
By email:  Webmaster@dpcdata.com

By mail: DPC DATA, Inc., 103 Eisenhower Parkway, Roseland, New Jersey,  07068 Attn: Webmaster