Acceptance of this Agreement
This Dyno Merchandise web site and all of its Web pages
and information (the "Web Site") are provided
to you under these "Terms of Use" and any amendments
to these Terms of Use that may be posted by Dyno Merchandise
from time to time (collectively, the "User Agreement").
BY ACCESSING, BROWSING AND/OR USING THIS SITE AND/OR ANY
WEB SITES PROVIDED BY Dyno Merchandise, YOU AGREE TO BE
BOUND BY THE AGREEMENT. The Agreement constitutes the entire
agreement between you and Dyno Merchandise and supercedes
any prior agreements between you and Dyno Merchandise regarding
the use and contents of this Web Site.
Privacy
The Dyno Merchandise web site is committed to protecting
your privacy. The information that we obtain through
your use of the site, or through any registration process
or otherwise, is subject to our Privacy Policy. For more
information click here.
Modifications to this Agreement
The Dyno Merchandise web site may make changes to this
Agreement from time to time in its sole discretion, and
will post any such changes on the Web Site. Your continued
use of the Web Site constitutes your acceptance of any
such changes.
Modification or Suspension of the Web Site or contents
within the Web Site
You agree that the Dyno Merchandise web site may, at
its sole discretion, and at any time, discontinue, suspend
or modify its operation of this Web Site, or any part thereof,
temporarily or permanently, without notice to you, and you
agree that Dyno Merchandise shall not be liable therefore.
Dyno Merchandise reserves the right to modify, alter, and
change any of the products presented on this web site without
prior notice to you.
International Use
You agree to comply with all applicable local laws regarding
online conduct and acceptable Content, including without
limitation, laws regarding the transmission of technical
data exported from the United States or the country in
which you reside.
Proprietary Rights
You agree that content available through the Web Site,
including without limitation, content in the form of
text, graphics, software, music, sound, photographs,
and videos, and content provided by suppliers, sponsors
or third party advertisers, is protected by copyrights,
trademarks, Web Site marks, patents or other proprietary
rights and laws. Except as expressly authorized by Dyno
Merchandise or the applicable supplier, sponsor or advertiser,
you agree not to copy, modify, rent, lease, loan, sell,
assign, distribute, license, reverse engineer or create
derivative works based on the Web Site or any content
(including without limitation any software) available
through the Web Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, DYNO MERCHANDISE EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM DYNO MERCHANDISE OR THROUGH THE WEB SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Your Contact With Advertisers Or Other Third Parties
Your dealings with advertisers or other third parties found
on or through the Web Site, including your participation
in promotions, the payment for and delivery of goods
and Web Sites, and any terms, conditions, warranties
or representations associated with such dealings are
solely between you and the third party. Dyno Merchandise
does not make any representations or warranties with
respect to any goods or Web Sites which may be obtained
from such third parties, and you agree that Dyno Merchandise
will have no liability with respect to any loss or damage
of any kind incurred as a result of any dealings between
you and any third party, or as a result of the presence
of such third parties on the Web Site.
Links
The Web Site, or third parties on the Web Site, may provide
links to other sites and/or resources over which Dyno
Merchandise has no control. You agree that Dyno Merchandise
has no responsibility for and no liability for the availability
of such external sites or resources, or for the Content,
advertising, products or other materials available through
such sites or resources.
Indemnification
You agree to indemnify and hold harmless Dyno Merchandise,
its parents, subsidiaries, affiliates, officers, directors,
agents, employees, co-branders or other partners, and
suppliers, from any claim, demand, action, or damage,
including reasonable attorneys' fees, made by any third
party due to, arising out of or related to your use of
the Web Site, content you submit, post or transmit through
the Web Site, your violation of the Agreement or any
rights of another, or your connection to the Web Site.
Trademark Notices
The Dyno Merchandise web site, and the Dyno Merchandise
logo are service marks and trademarks of South Beach
Sun. You may not use or display these marks without prior
written consent. All other trademarks appearing on the
Web Site are the property of their respective owners.
Copyright
The Dyno Merchandise web site respects the intellectual
property of others, and we ask our users to do the same.
If you believe that your work has been copied in a way
that constitutes copyright infringement, please contact
us immediately with the following information:
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim
has been infringed;
3. A description of where the material that you claim
is infringing is located on the Web Site;
4. Your address, telephone number, and email address;
5. A statement by you that you, have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
6. A statement by you, made under penalty of perjury,
that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on
the copyright owner's behalf.
Applicable Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, without giving
effect to conflict of laws provisions. You and Dyno Merchandise
agree to submit to the personal and exclusive jurisdiction
of the courts located within the city of Broward County,
Florida.
Miscellaneous
If any provision of this Agreement is found by a court
or other binding authority to be invalid, you agree that
every attempt shall be made to give effect to the parties'
intentions as reflected in that provision, and the remaining
provisions contained in this Agreement shall continue
in full force and effect.
You agree that any claim or cause of action arising out
of your use of the Web Site or this Agreement must be filed
within one year after such claim or cause of action arose
or it shall forever be barred, notwithstanding any statute
of limitations or other law to the contrary.
Any failure by Dyno Merchandise to enforce or exercise
any provision of this Agreement or related right shall
not constitute a waiver of that right or provision.
Problems? If for some reason you believe
that Dyno Merchandise has not adhered to the User Agreement,
Customer Privacy Policy or Return Policy, please notify
us by email at csr@dynomerch.com.
If you are not completely satisfied with our products
please contact us immediately. All claims must be made
within 15 days of receipt of products. No returns accepted
without prior authorization. |