TERMS OF USE

Effective Date: August 18, 2025

1. Introduction

These Terms of Use (“Terms”) govern your access to and use of the website dma-ces.com (the “Website”), operated by Diaz-Murphy and Associates CES, LLC, a company providing construction materials testing, inspection, and related engineering services, headquartered at 12318 SW 132nd Ct, Miami, FL 33186, USA (“Company,” “we,” or “our”). By accessing or using this Website, you agree to comply with these Terms. If you do not agree, you must immediately discontinue use of the Website.
These Terms apply globally, where permissible by local law, and govern all interactive features, content, and materials available on the Website. Please also review our Privacy Policy and Cookies Policy, which describe our data collection, use, and third-party services.

2. Legal Disclaimer; No Warranties; Limitation of Liability

The information, content, materials, software, and services provided on this website (the “Site”) are made available for informational purposes only and are provided “as is” and “as available”, without any representation or warranty of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, title, or non-infringement.
Diaz-Murphy and Associates CES, LLC makes no representations or warranties regarding the suitability, applicability, accuracy, completeness, or reliability of any information or content contained on the Site, or of any third-party materials, products, services, or websites referenced or linked herein. Access to or use of third-party software, content, or services through this Site is at your sole risk, and Diaz-Murphy and Associates CES, LLC assumes no responsibility or liability for any interaction, loss, damage, or legal consequence arising therefrom.
Diaz-Murphy and Associates CES, LLC does not guarantee that the Site will be uninterrupted, error-free, secure, or free from viruses, malware, or other harmful components. Users are solely responsible for implementing sufficient precautions to protect themselves and their data.
In no event shall Diaz-Murphy and Associates CES, LLC, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with the use of, or inability to use, the Site, or reliance on any content or materials provided therein, whether based in contract, tort, strict liability, or any other legal theory, even if Diaz-Murphy and Associates CES, LLC has been advised of the possibility of such damages.
The Site may contain links to third-party websites or resources. These links are provided for convenience only and do not constitute an endorsement, approval, or recommendation of the linked sites, content, products, or services. Diaz-Murphy and Associates CES, LLC disclaims all responsibility and liability for any damages or losses caused or alleged to be caused by or in connection with the use of such third-party sites, content, or services, including, without limitation, any collection or use of personal information by third parties.
All trademarks, service marks, logos, and trade names displayed on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any trademark without the prior written permission of the owner.

3. Purpose of the Website

The Website provides information about our services, allows users to submit inquiries, and facilitates scheduling consultations or meetings with Company personnel. The Website does not sell products or services directly.

4. User Obligations

3.1: You must use the Website lawfully, ethically, and in accordance with these Terms. Prohibited uses include:
• Engaging in illegal activities, fraud, or terrorism.
• Transmitting harmful, offensive, defamatory, obscene, or malicious content.
• Violating confidentiality or privacy rights of others.
• Promoting discrimination, hatred, or unlawful acts.
• Misusing the Website’s content for commercial purposes without consent.
• Infringing the intellectual property rights of Company or third parties.
3.2: Any user-generated content submitted through the Website (e.g., inquiries, forms, comments) must comply with these Terms. Company reserves the right to remove, refuse, or edit any content submitted in violation of these Terms.

5. Intellectual Property

5.1: All Website content, including but not limited to text, graphics, images, logos, software, and video (“Content”), is the property of Company or its licensors and is protected by copyright, trademark, and other applicable laws.
5.2: You may download or print one copy of Content solely for personal, non-commercial use, provided proprietary notices remain intact. Any other use, including reproduction, distribution, or creation of derivative works, is strictly prohibited without prior written consent.
5.3: By submitting content to the Website, you grant Company a worldwide, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, distribute, display, and otherwise exploit such content for any lawful purpose.

6. User Accounts and Communications

By submitting personal information (name, company, email, phone number, job title) through contact forms, email subscriptions, or scheduling tools (e.g., NeetoCal), you consent to Company storing and using such information to respond to inquiries, provide services, and send marketing communications. Users may unsubscribe at any time.

7. Third-Party Services

The Website may utilize third-party tools, including Hubspot, Google Analytics, and Google Adsense, for analytics, marketing, and communications. By using the Website, you consent to these tools collecting data in accordance with their respective terms. Company is not responsible for third-party practices.

8. Links and Third-Party Content

8.1: Linking to the Website is permitted only with Company’s prior written consent and provided such links comply with all applicable laws and do not imply endorsement.
8.2: The Website may contain links to third-party websites. Company does not control these sites and is not responsible for their content, accuracy, or practices. Any interaction with third-party sites is at your own risk.

9. Warranties and Disclaimers

9.1: The Website and Content are provided “AS IS” and “AS AVAILABLE.” Company makes no representations or warranties regarding accuracy, completeness, or suitability of Content.
9.2: Company does not warrant uninterrupted or error-free operation of the Website. Minor errors or bugs do not constitute breaches of these Terms.
9.3: You are solely responsible for any data or content submitted to the Website, and for maintaining backups where appropriate.

10. Limitation of Liability and Indemnification

10.1: To the fullest extent permitted by law, Company disclaims all liability for any damages arising from use or inability to use the Website, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
10.2: You agree to indemnify and hold Company, its affiliates, officers, and employees harmless from any claims, damages, or losses arising from your violation of these Terms or use of the Website.

11. Suspension and Termination

Company may suspend or terminate your access at any time for violation of these Terms or operational reasons.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, U.S.A. Users agree that courts in Florida shall have non-exclusive jurisdiction over any disputes, subject to applicable international law where relevant.

13. General Provisions

13.1: These Terms constitute the entire agreement between you and Company regarding Website use.
13.2: Failure to exercise or enforce any provision does not constitute a waiver.
13.3: If any provision is found invalid, the remainder remains in effect.

14. Changes to Terms

Company may update these Terms at any time. Continued use of the Website constitutes acceptance of the updated Terms.

15. Contact

For questions or complaints regarding these Terms, contact: legal@dma-ces.com