|
Welcome to the Dyno Decorative Bows, Inc. (“Dyno”) website (the “Site”). By using the Site, each visitor (“you” or “your”) agrees to follow and to be bound by these terms and conditions (the “Terms & Conditions”) and the other Dyno Policies (as defined below). Dyno reserves the right to modify, alter, or otherwise update the content on the Site, these Terms & Conditions, the Dyno Privacy Policy , the Dyno
Return Policy
, the Dyno
Terms of Purchase
, and all other Dyno policies posted on the Site (collectively, the “Dyno Policies”) at any time. Dyno will post such changes to the Site, and you agree to monitor the Site and the Dyno Policies for such revisions. Your continued use of the Site following the posting of any changes to the Dyno Policies will constitute your acceptance of such changes.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DISCONTINUE YOUR USE OF THE SITE.
PRIVACY
Dyno respects your right to privacy and has developed the Privacy Policy
to inform you about its privacy practices. Please view the Privacy Policy to learn more about the Dyno privacy guidelines.
YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Dyno reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
NOTIFICATION
You consent to receive communications from Dyno electronically, whether by e-mail or by notice posted on this Site. You are responsible for monitoring the Site for posted notices, and any notices or communications provided to you in such a manner shall be deemed to be a notice “in writing”.
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, graphics, logos, button icons, audiovisual displays, text, source and obect code, scripts and software (vi) the Site, including, without limitation, the compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site, and all content within the Site, and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Site or any Products (collectively, the "Dyno Intellectual Property Rights") are owned by Dyno or its licensors, and you agree to make no claim of interest in or ownership of any such Dyno Intellectual Property Rights. No title to the Dyno Intellectual Property Rights is transferred to you, and you do not obtain any rights, express or implied, in the Dyno Intellectual Property Rights or those of its software licensors. Dyno will own all right, title and interest in and to any custom Product you purchase from Dyno, including all rights to design, pattern of such Products.
LICENSE AND SITE ACCESS
Dyno grants you a limited license to access and make personal use of this Site, but not to download or modify the Site content, or any portion of it, except with express written consent of Dyno. Except with respect to authorized resellers of the Dyno Products, who are expressly granted a limited license to offer certain Dyno Products for resale, the license granted herein does not include any resale or commercial use of this Site or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without Dyno’s express written consent. You may not use any meta tags or any other "hidden text" utilizing the Dyno name or trademarks without the express written consent of Dyno.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any comments or other content. Dyno reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless Dyno indicates otherwise, you grant Dyno a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dyno the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dyno for all claims resulting from content you supply. Dyno has the right but not the obligation to monitor and edit or remove any activity or content. Dyno takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS
Dyno strives for accuracy in the content on the Site, however, Dyno does not warrant that
Product descriptions or other content of this Site is correct, complete, reliable, current, or error-free. If a Product offered by Dyno itself is not as described, your sole remedy is to return it in unused condition in accordance with the Dyno Return Policy.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DYNO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DYNO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DYNO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DYNO DOES NOT WARRANT THAT THIS SITE, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR E-MAIL SENT FROM DYNO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
LIMITATION OF LIABILITIES
IN NO EVENT WILL DYNO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING FROM THESE TERMS, THE PRODUCTS OR THE USE OF THE SITE. DYNO’S MAXIMUM LIABILITY FOR CLAIMS ARISING UNDER ANY OF THE DYNO POLICIES SHALL BE LIMITED TO THE PURCHASE PRICE PAID TO DYNO FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.
THIRD PARTY SITES
Dyno is not responsible for the content of any sites of third parties (“Third Party Sites”) that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Third Party Sites are independent from the Site, and Dyno has no control over the content of such sites. Once you access a Third Party Site through a link on the Site, you are subject to the privacy policy and terms and conditions of use of such Third Party Site. Dyno is not liable for any loss or damage of any sort associated with your use of Third Party Sites or content. Concerns regarding a Third Party Site should be directed to the Third Party Site operator or owner. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Dyno of that third party or of any product or service provided by a third party.
APPLICABLE LAW
All matters relating to these Terms of Purchase will be governed and construed in accordance with the laws of the State of Florida, excluding its choice of law provisions. You irrevocably agree that any legal action or proceeding arising out of or relating to these Terms of Use brought will be brought and determined in federal court located in the United States District Court for the Southern District of Florida , Ft. Lauderdale Division (or, if such federal court lacks jurisdiction thereover, in the 17th Circuit Court of Florida sitting in Broward County, Florida), and you hereby irrevocably submit to the exclusive jurisdiction of the aforesaid courts, with regard to any such action or proceeding arising out of or relating to these Terms of Purchase.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE SITE AND THESE TERMS & CONDITIONS.
SEVERABILITY
If any term or provision of these Terms & Conditions is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of the provisions herein; these Terms & Conditions will be deemed amended to the extent necessary to make them enforceable, valid and, to the maximum extent possible, consistent with applicable law and the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
CONTACT DYNO
If you have any questions about the Dyno Policies or your dealings with the Site, you may contact Dyno:
Phone: 1-800-448-3966
Email: sales@dynodecorativebows.com;
1571 W. Copans Road, Suite 105
Pompano Beach, FL 33064
Please be advised that, if you contact Dyno, Dyno may use the personal information you provide in the ways Dyno has described in the Privacy Policy.
If you experience technical problems with the operation of the Site, contact our Webmaster: info@dynodecorativebows.com.
-----------------------
DynoDecorativeBows.com
# 8671708_v3.
|