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LEGAL (PRIVACY + TERMS + DISCLAIMERS)

Last Updated: JANUARY 31ST 2026

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This page describes (1) how DMS Council LLC (“DMS,” “we,” “us”) handles information collected through this website (the “Site”), and (2) the terms that apply when you use the Site.

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Client engagements: If you become a client, your signed Consulting Agreement / Statement of Work (and any NDA) control. The Site does not create a client relationship and does not replace a signed agreement.​​

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1) Privacy Notice

1.1 Information we collect

Information you provide

  • Contact / discovery forms: name, email, phone, title, business name, business description, and anything you choose to submit.

  • Insights/newsletter subscription: name and email (and any preferences you submit).

  • Communications: messages you send us and any information you provide during scheduling and coordination.

Information collected automatically

  • Basic device and usage data (e.g., IP address, browser type, pages viewed, approximate location such as city/state, and general analytics events).

  • Cookies or similar technologies (see Section 1.5).

1.2 How we use information

We use information to:

  • Respond to inquiries and schedule a discovery call.

  • Deliver the Insights/newsletter you request.

  • Operate, maintain, and improve the Site.

  • Protect the security and integrity of the Site (fraud/abuse prevention).

  • Comply with legal obligations and enforce rights.

1.3 What we do not do

  • We do not sell personal information.

  • We do not share personal information for cross-context behavioral advertising where prohibited by law.

1.4 How we share information

We may share information:

  • With service providers that help run the Site and communications (e.g., website hosting, analytics, forms, scheduling, email delivery), solely to provide those services.

  • If required by law or valid legal process.

  • To protect the rights, safety, and security of DMS, Site users, and the public (e.g., fraud prevention).

1.5 Cookies and tracking technologies

We may use cookies and similar technologies for:

  • Functional purposes (Site performance, form handling).

  • Analytics purposes (understanding traffic and content performance).

You can control cookies through browser settings. Disabling cookies may limit some features.

1.6 Data retention

We keep information only as long as reasonably necessary for:

  • The purposes described above,

  • Legitimate business needs (recordkeeping),

  • And legal/compliance obligations.

1.7 Security

We use commercially reasonable administrative, technical, and organizational safeguards designed to protect information. However, no online service is 100% secure, and we cannot guarantee absolute security.

1.8 Your privacy rights (U.S. state framework)

Depending on where you live, you may have rights to request access, correction, deletion, or information about how personal data is used and shared. You may also have the right to opt out of certain processing (e.g., targeted advertising) where applicable.

To submit a request, see Section 10 (“Contact”). We may need to verify your request before responding.

1.9 Children

The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

1.10 International visitors (optional, but protective)

The Site is operated from the United States. If you access the Site from outside the U.S., you understand your information may be processed in the U.S., where privacy laws may differ from your jurisdiction.

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2) Communications (Email / SMS / Phone)

2.1 Email

If you subscribe to Insights or otherwise provide your email, you may receive emails from us. You can unsubscribe at any time using the link in the email.

2.2 SMS / phone

If you provide a phone number, you authorize us to contact you by call and/or text for scheduling and coordination related to your inquiry. Message and data rates may apply. You can opt out of texts by replying STOP.

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3) Important Website Submission Notice (Confidentiality Boundary)

Website submissions are treated as private, not confidential.
We use form submissions to respond and prepare for a discovery call. However, submitting a form does not create a client relationship, confidentiality obligation, or duty of care.

Do not submit confidential, proprietary, or highly sensitive information through Site forms unless we have a signed NDA or signed client agreement in place.

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4) Website Terms of Use

4.1 Acceptance

By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

4.2 No client relationship created by the Site

Using the Site, subscribing, or submitting a form does not create a consulting-client relationship. Any services are provided only under a signed written agreement and SOW.

4.3 Independent contractor; no fiduciary duties

DMS is an independent contractor. Nothing on the Site creates any fiduciary, partnership, agency, or employment relationship.

4.4 Prohibited use

You agree not to:

  • Attempt unauthorized access to the Site, systems, or data;

  • Scrape, crawl, harvest, or overload the Site;

  • Introduce malware, spam, or harmful code;

  • Misrepresent your identity or affiliation;

  • Use the Site in violation of applicable law.

4.5 Third-party links

The Site may link to third-party sites (e.g., social platforms). We do not control third-party sites and are not responsible for their content, security, or practices.

4.6 Changes to the Site

We may modify, suspend, or discontinue any part of the Site at any time without notice.

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5) Disclaimers (No Guarantees; No Professional Advice; No Reliance)

5.1 Informational content only

Site content is provided for general informational purposes. It may not reflect the most current developments.

5.2 No professional advice

DMS does not provide legal, tax, accounting, HR compliance, investment, or other regulated professional advice through the Site. You are responsible for obtaining qualified professional advice for your situation.

5.3 No guarantees / results vary

Any examples, endorsements, testimonials, or references to outcomes are illustrative and do not guarantee that you will achieve similar results. Outcomes depend on many factors (your team, execution, market conditions, and timing). Endorsements reflect individual experiences and are not guarantees. Unless explicitly stated, endorsers were not compensated for their statements

5.4 No third-party reliance

The Site is provided for your use only. No third party may rely on Site content, and DMS disclaims liability to third parties.

 

6) Intellectual Property; Limited License; No Cloning

All Site content: text, graphics, images, frameworks, templates, and other materials, is owned by DMS or its licensors and protected by intellectual property laws.

You may view and print pages for your personal or internal business use only. You may not copy, reproduce, distribute, publicly display, sell, license, modify, or create derivative works without prior written permission.

No cloning / reverse engineering: You may not reverse engineer, extract, or replicate DMS frameworks, templates, or methodology for competitive or commercial use without written permission.

 

7) User Submissions (If You Send Us Information)

If you submit information through the Site:

  • You represent that you have the right to submit it and that it does not violate law or third-party rights.

  • You agree not to submit malware, harmful code, or unlawful content.

  • You acknowledge that website submissions are not confidential unless a signed NDA or client agreement is in place (see Section 3).

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8) Limitation of Liability; Indemnity

8.1 Limitation of liability

To the maximum extent permitted by law:

  • The Site is provided “as is” and “as available,” without warranties of any kind.

  • DMS will not be liable for indirect, incidental, consequential, special, punitive, or lost-profit damages, or for lost data, arising from your use of the Site.

  • If liability is found, DMS’s total liability related to the Site will not exceed $100.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

8.2 Indemnity (extra protection)

You agree to indemnify and hold harmless DMS from any third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site, violation of these Terms, or violation of any law or third-party rights.

 

9) Governing Law; Venue; Attorneys’ Fees (Arizona)

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Any dispute arising out of or relating to the Site must be brought in state or federal courts located in Arizona.

Attorneys’ fees: In any action to enforce these Terms, the prevailing party may recover reasonable attorneys’ fees and costs.

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10) Contact: Questions about privacy or these terms:

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11) Changes to This Page

We may update this page periodically. The “Last Updated” date reflects the most recent revision. Your continued use of the Site after changes means you accept the updated terms.

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