1. Duration of License to Access Services.
Your use and access to our Services and the Content hereon constitutes a personal, non-transferable, non-assignable, revocable, limited and temporary license (“License”) to use our Services subject to these Terms. Your limited License to use our Services is ongoing and continues until you cease using our Services, as determined by us in our sole discretion, or until your License or ability to use our Services is terminated or restricted by us.
2. Content on Our Services.
(a) By Us. All Posts, Content, and services on our Services, or obtained from a Linked Site (defined below) are provided to you “AS IS”. Any statements made by us and available through our Services are opinions only. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on our Services or reliance on any of the aforementioned. The information, products, or descriptions of products or information published through our Services may include inaccuracies or typographical errors. We do not warrant or represent that the content available through our Services is complete or up-to-date.
(b) Linked Sites. Our Services may link to other sites by allowing you to leave our Services to access third-party material or by bringing third-party material into our Services via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the Content on a Linked Site. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked Site, its owners, or its providers.
(c) Posted by You. You are solely responsible for and retain all rights in the Content that you Post on, by, or through our Services or otherwise transmit to other Users. You understand and agree that we can delete any Content in our sole and exclusive judgment. You also agree that by Posting Content anywhere within, on or using our Services, you automatically grant to us an irrevocable and perpetual non-exclusive royalty free license to use, copy, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content. You also represent and warrant that any Posting of Content by you and/or use of your Posted Content by us will not infringe or violate the intellectual property rights or other rights of any third party.
(d) Posted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by your reliance on any information, Content, product, or service obtained through our Services or a Linked Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other Content available through our Services.
(e) Intellectual Property. The trademarks, logos, and Services marks (“Dynapp Marks”) including the name “Dynapp”, our logo, and other graphics are property of Dynapp and other parties. You are prohibited from using any Dynapp Marks for any purpose including, but not limited to use as keywords or metatags on other pages or Services on the World Wide Web without the written permission of Dynapp or such third party which may own the Marks. All information and Content owned by us and located on our Services are protected by copyright and your access to such information on our Services is strictly permitted through the limited non-exclusive license granted under these Terms. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through our Services for commercial or public purposes. We respect the intellectual property rights of others. If you believe that the content and/or the materials on our Services are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at: [email protected]
3. User Account.
We may require you to create an Account in order to use our Services. You agree that we are able to terminate, suspend, or restrict your Account according to these Terms. It is your obligation to maintain and control passwords to your Account. You are responsible for all activities that occur in connection with your username and password. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations. You must ensure that all Content provided to us by you, including any Account information, is up-to-date and accurate. Failure to update and correct inaccurate (or outdated) information or Content may result in the immediate termination of your ability to access or use our Services, as determined by us in our sole discretion.
4. Termination Restriction and Suspension of Account or License.
(a) Termination. You have the right to terminate your License to use our Services and/or your Account at anytime and for any reason by notifying us in writing (email is acceptable). Such termination and removal of your Account will be effective within a commercially reasonable time after we receive notification of your desire to terminate your Account with us, and your Account balance, if any, is settled. We retain the right to terminate, restrict, kick, or suspend your Account and/or your License to use or access our Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason. Should we elect to take any of the aforementioned actions, your License and/or your Account shall automatically be revoked. Failure to comply with these Terms or any of our Policies constitutes a breach of these Terms which may result us kicking, restricting, suspending, or terminating your Account and/or your License to use our Services. Failure to address any said breach caused by you or another party does not waive our right to act on similar breaches.
(b) After Termination. Upon termination of your License for any reason, you agree not to browse, use, or otherwise access our Services in any way. You agree that we may take any measures we deem necessary to prevent you from using our Services, including by blocking your IP address. You agree that after termination of your License, we are not obliged to retain or provide to you any Content or personally identifying information which was collected by us, but we may elect to do so in our sole discretion.
5. User Conduct on our Services.
By using or accessing our Services, you expressly represent and warrant that you shall: (a) to comply with: (i) these Terms, (ii) all applicable U.S. Federal, State, local and international laws, and (ii) all other rules or regulations applicable to you; (b) not to transmit any Content that, in our sole and absolute discretion: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or otherwise objectionable, (ii) that infringes any intellectual property right of any party, (iii) or that is or contains “spam”, “junk mail” or similar forms of solicitation; (c) not to impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any other person or entity; (d) not engage in excessive usage of our Services, as determined by us in our sole discretion, including usage that adversely the functionality or speed of our Services; (e) not to attempt to deny service to, hack, crack, reverse engineer, duplicate, copy, clone, mirror our Services; (f) not to harm, interrupt or otherwise interfere with our Services; (g) not to communicate or otherwise transmit any malicious program that may damage the operation of a computer, or the Services; (h) not do anything that is otherwise in any way objectionable, as determined by us in our sole and absolute discretion.
We watch the conduct of Users of Services, but in the event we don’t catch inappropriate behavior, please report it to us by contacting us at: [email protected]
6. Application/Service Fees; Refunds; Support.
(a) Fees. Our Services and any related Support is provided for the fees described for each service on our Websites or in the applicable documentation or agreement between us and you, as the case may be (“Fees”) and you agree you shall be liable for such Fees, as determined by us. Furthermore, you expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, (iii) any applicable Fees for Support we provide to you in connection with our Services and (iv) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your Account, you authorize us to continue billing you and you agree to remain liable for any uncollected Fees.
(b) Evaluation Licenses. In the event you obtain a trial or evaluation version of our Services, it will activate for a limited time period (the “Trial Period”). You may use our Services during the Trial Period to evaluate the suitability of the Services for your needs. Upon the expiration of the Trial Period you agree that the applicable fees, as determined by us, will automatically begin to accrue and you agree to pay any such fees to us, unless prior to the expiration of the Trial Period, you expressly inform us you wish to discontinue our Services. If you contact us and express your desire to cancel our Services prior to the expiration of the Trial Period, no fees will apply to you.
(c) Refunds. Regarding your purchase of Services, you agree that we do not have the obligation to refund any Fees paid to us for any reason. However, notwithstanding the preceding sentence, we reserve the right to provide a refund of the full amount of Fees actually paid to us by you if you contact us and express your desire to cancel our Services within 24 hours of your purchase, as determined by us in our discretion (“Initial Period”) and/or if we, it our sole discretion determine that such action is necessary or desirable. You agree that if any time after the Initial Period you wish to cancel our Services, we will refund to you any unused portion of the amount of Fees paid to us by you on a pro-rata basis, as determined by us in our sole discretion.
(d) Support. We will provide technical, diagnostic, and/or set-up support to you in connection with our Services, as determined by us in our sole discretion (“Support”),provided that you remit to us any and all applicable Fees for any such Support, if any (we currently provide FREE Support in connection with our existing Services only). We offer Support in connection with development of new Services for a Fee as determined by us on an individual basis. We may provide Support to you via telephone, email, and/or live chat, to the extent and in the manner and method determined solely by us. On average, we provide Support within 24 and 48 hours of a request, but are not obligated to do so. Notwithstanding any of the aforementioned, you understand and agree that the provision of Support by us to you is completely discretionary, and we are not obligated to provide any Support to you.
7. Application/Service Specific Terms and/or End User License Agreements.
These Terms apply to the use of dynapp.com as well as to our Services generally. However, specific terms and conditions and/or end user license agreements (collectively, “EULA’s”) may apply to your purchase of each specific application, product, or service from us. If any such EULA’s do apply to an application, product, or service you purchase from us, as determined by us, our obligations with regards to those Services are governed solely by such EULA’s and nothing contained in these Terms shall be construed to alter service specific EULA’s.
8. Dispute Resolution.
In the event that any dispute arises with respect to these Terms or any of our Policies, which are incorporated by reference herein, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Bibb County, Georgia and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising hereunder be submitted to binding arbitration, any such dispute shall nevertheless be litigated in the State courts located in Bibb County, Georgia or in the Federal U.S. District Court for the Middle District of Georgia, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Bibb County, Georgia or in the Federal U.S. District Court for the Middle District of Georgia, whether either arbitration or litigation arises between us and you.
(a) THE SERVICES AND THE MATERIALS, PRODUCTS, AND/OR LICENSED SOFTWARE IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Dynapp DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, SECURITY, AND ACCURACY. Dynapp DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE OR ANY OF OUR SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER MALWARE. Dynapp DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, PRODUCTS, CONTENT, OR MATERIALS ON THIS WEBSITE OR AVAILABLE THROUGH OUR SERVICES BY US OR USERS OF OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
(b) YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT PROVIDED TO Dynapp. Dynapp WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES.
10. Limitation of Liability.
Dynapp shall not be liable for any lost profits or any incidental, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights (including but not limited to copyright infringement) by us relating to our use of Content Posted to our Services by you or by any person using your Account; Content Posted by you or other Users; your reliance on any statement made by us or Users though our Services; any accidental or improper disclosure of Personal Data by us; and any violation by you of these Terms or our Policies. You expressly agree that in no event shall Dynapp be liable to you or any other person for any amounts, judgments, or damages which exceed one hundred twenty-five dollars and no cents ($125.00). You agree that without these limitations on our liability we would not be able provide Services to you and that these limitations shall apply even if it would cause your remedies under these terms to fail of their essential purpose.
You agree to indemnify, defend, and hold harmless Dynapp, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights (including but not limited to copyright infringement) by us relating to our use of Content Posted to our Services by you or by you or any person using your Account; any Content Posted by you or other Users; your reliance on any statement made by us or Users though our Services; any accidental or improper disclosure of Personal Data by us; any activity related to your Account by you or another person accessing your Account or our Services or Services; and any violation by you of these Terms or any of our other Policies.
12. Choice of Law.
If any provision of these Terms or our Policies shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of our Services.
15. Entire Agreement; Modification.
These Terms together with our Polices any other document referenced herein, constitute the entire understanding between Dynapp and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms or Polices at any time in our sole discretion.
16. Feedback and Legal Notices.
(a) Please send your comments, concerns, or questions to: [email protected] While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.
(b) Please send any legal notices to:
4339 Hartley Bridge Rd
Macon, GA 31216