Terms of Use

The materials located at this website (www.dmainc.com) are provided by DuCharme, McMillen & Associates, Inc. (“DMA”). By using this website, the user (“you” or “your”) indicates its (i) acceptance of these terms of use and (ii) consent to the collection, use, and storage of its information by DMA in the manner described in our privacy policy (a link to our privacy policy may be found on this website). Please read these terms and our privacy policy carefully before using this website. These terms and our privacy policy may be revised at any time without notice to you by posting such changes to this site. You are bound by any such revisions and should therefore periodically visit this page to review the current terms. IF YOU DO NOT ACCEPT THESE TERMS AND THE PRIVACY POLICY, DO NOT USE THIS WEBSITE.

The content, organization, graphics, design, compilation, code, data, and other materials related to this website are the exclusive property of DMA and are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, use, or publication by you of any such matters or any part of this website, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any article, document, or other materials posted or viewed through this website. The posting of information or materials on this website does not constitute a waiver of any right in such information and materials.

You are granted a non-exclusive, non-transferable, revocable license to access and use this website in accordance with these terms solely for internal, personal, non-commercial purposes.

You agree not to: (i) use this website or its contents for any purpose that is unlawful or prohibited by these terms; (ii) bypass or circumvent measures used to prevent, interfere or limit access to this website or any DMA network; (iii) use this website to send altered, deceptive or false source-identifying information; (iv) use this website to intercept, collect or store personal information about other users; (v) spam other users or take other actions that may affect the operation or enjoyment of this website by other users; (vi) access, monitor or copy any content or information on this website using any robot, spider, scraper or other automated means or manual process; (vii) decompile, disassemble or reverse engineer any of the software or content used in any part of this website or any DMA network; (viii) send a virus or use any malicious programs or techniques in connection with this website; (ix) overload or crash this website or any DMA network or server; and (x) engage in an excessively high volume of data transfers or bandwidth use, including by hosting a web server, internet relay chat server or any other server via any use of this website.

The materials available on this website have been prepared by DMA and are intended for informational purposes only. THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, AND TIMELINESS. While DMA uses reasonable efforts to ensure that the information contained on this website is accurate and up-to-date, errors or omissions sometimes occur. DMA does not warrant or make any representations regarding the use or the results of the use of the information on this website in terms of correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not intended to be complete descriptions of all terms, exclusions, and conditions applicable to DMA’s products and services, but are provided solely for general informational purposes. The information on the website should not be used as a substitute for consultation with professional tax, accounting, or other competent advisors. Please consult with a DMA professional prior to taking any action or making any decision based on information located on this website. You should not act or rely on any information on this website without seeking the advice of a competent lawyer, accountant, or other advisor.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DMA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMA DOES NOT WARRANT THAT THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DMA OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION ON THIS WEBSITE OR THE USE OF MATERIALS AND INFORMATION ACCESSED THROUGH THIS WEBSITE, EVEN IF DMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold DMA and its officers, partners, employees, agents, licensors, and suppliers harmless from any liability, loss, claim, and expense related to your violation of these terms or your use of this website.

This website may be linked to other websites, which are not maintained by DMA. DMA is not responsible for the content of those websites. The inclusion of any link to such websites does not imply approval of or endorsement by DMA of the websites or the content thereof. DMA makes no representations as to the accuracy or any other aspect of information contained on such other websites. As with our website, you should become familiar with any external party’s terms of use when visiting that website.

These terms of use are governed by the laws of the State of Indiana, without regard to its conflict of law provisions. ALL CLAIMS, CONTROVERSIES, AND/OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBJECT MATTER OF THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DMA UNDER THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (COLLECTIVELY, “DISPUTES”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT DMA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AND DMA FURTHER AGREE THAT ALL SUCH ARBITRATIONS WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR DMA MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING OR TO COMBINE THE CLAIMS OF MORE THAN ONE INDIVIDUAL. The arbitration will take place in Atlanta, Georgia, in the county where you reside, or such other mutually agreeable location. The arbitration shall be held in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the Federal Arbitration Act will apply to determine the scope of arbitration. The arbitrator, who shall be selected according to the Commercial Arbitration Rules, will have no power to award any relief or damages inconsistent with this Agreement. The costs and fees associated with the arbitration shall be borne equally by you and DMA, and each party to the arbitration shall be responsible for his/her/its own attorneys’ fees. The arbitrator shall have no authority to award any fee-shifting for incurred attorneys’ fees. Judgment on any arbitration award may be entered in any court having jurisdiction. All aspects of the arbitration will be treated as confidential. You acknowledge and agree that any demand for arbitration must be issued within one (1) year from the date that you became aware or should reasonably have become aware of the facts that give rise to DMA’s alleged liability and in any event no later than two (2) years after the cause of action accrued.

If any provision of these terms shall be unlawful, void, or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is unlawful, void, or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.

Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Last updated February 2026.