Please read the following Terms and Conditions carefully.
DynaCross Inc, including its subsidiaries and affiliates (“DynaCross”) requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by DynaCross (“the Site”) adhere to the following Terms of Use.
By accessing and using the Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use the Site. DynaCross may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database or content. DynaCross may also impose limits on certain features and services and/or restrict your access to parts or all of the Site without notice or liability of any kind. The terms and conditions of a DynaCross client’s service agreement for any portion of the Site will control in the event of any provisions that may conflict with these Terms of Use.
Restriction of Liability
DYNACROSS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. DYNACROSS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF DYNACROSS OR AN AUTHORIZED DYNACROSS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DYNACROSS’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to DynaCross through the DynaCross Site (together, the “Submission”) will become upon communication and will forever be the property of DynaCross. DynaCross will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future DynaCross operations or Contents. Without limitation, DynaCross will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, DynaCross will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold DynaCross harmless for any liability arising due to the use or distribution of those materials. You further grant DynaCross the right to use your name in connection with the reproduction or distribution of such material.
Personally identifiable information that may be received at the Site is provided voluntarily by a visitor to the Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not DynaCross, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, DynaCross reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or other wise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
Jurisdiction
Except as otherwise described, all Contents on the Site are made available only to provide information about DynaCross and its services. DynaCross controls and operates the Site and makes no representation that the Contents on such Site are appropriate or available for use in other locations.
Disclaimer
The Contents on the Site could include technical inaccuracies or typographical errors. Also, DynaCross may make changes or improvements to the Site at any time. THE CONTENTS ON THE DYNACROSS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. DYNACROSS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. DYNACROSS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DYNACROSS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DYNACROSS MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE SITE. YOU (AND NOT DYNACROSS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Termination
DynaCross or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the Site and all related documentation and all copies and installations. DynaCross may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of DynaCross, provided, however, that DynaCross shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.
Miscellaneous
DynaCross may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of the State of New York and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site.