Effective: September 4, 2014
BY ACCESSING THE WEBSITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL OF Dynatect’S POLICIES AND GUIDELINES, WHICH ARE INCORPORATED BY REFERENCE.
Any person who wishes to access and use the Website and/or Services to research, investigate or purchase products and/or services, must accept the terms and conditions of this Agreement without change. The Website and Services are available only to, and may only be used by, individuals who are (i) 18 years and older; (ii) can form legally binding contracts either personally or on behalf of a legal business entity; and (iii) are not a competitor of Dynatect or are not using the Services to compete with Dynatect.
You may have the ability to submit certain information to Dynatect through the Website and Services (collectively, “User Information”). You are solely responsible for the information that you submit or transmit to Dynatect. By submitting User Information you agree that Dynatect may use, copy, display and distribute such User Information for any purposes, commercial, advertising or otherwise. For example, by submitting User Information you expressly authorize Dynatect to contact you by phone, email and/or physical mail and store such information in a database for future use in contacting you. By submitting User Information, you also represent and warrant (i) that you either own or have permission to submit the User Information; (ii) that no third party rights will be violated by such submission; (iii) and that you have the right to grant Dynatect the rights granted herein.
Except any third party content, Dynatect owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Dynatect and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of Dynatect or, if such property is not owned by Dynatect, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. If Dynatect discovers that you are using any of Dynatect’s or another’s intellectual property in any inappropriate or unauthorized manner, Dynatect may terminate this Agreement and your ability to access the Website, with or without notice, and may pursue all available remedies for such intellectual property infringement.
Dynatect respects the intellectual property rights of others. Dynatect will respond promptly to remove material that infringes another person’s copyright or other intellectual property right once brought to Dynatect’s attention. If you believe that your work has been copied or used on the Services or Website in a way that constitutes copyright or other intellectual property right infringement, please provide Dynatect’s agent (designated below) with the following information: (i) a copy or description of the copyrighted work or other right that you claim has been infringed, including registration number if applicable; (ii) the location of where the infringing material is located; (iii) your contact information including telephone number, physical and email address; and (iv) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on its behalf.
Our designated agent to receive notices of claimed infringement is:
ATTN: Marketing Department
Dynatect Manufacturing, Inc.
2300 S. Calhoun Rd.
New Berlin, WI 53151 USA
Your use of the Website and Services, including all User Information, must comply with all applicable laws and regulations. You agree that Dynatect may access, preserve and disclose the User Information for any purpose including its own purposes; and may do so for any reason and particularly if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Information violates the rights of third parties; or (iv) protect the rights, property or personal safety of Dynatect or any other person. You also agree to comply with Dynatect’s policies and terms and conditions that it publishes on its Website and through the Services.
Dynatect may update this Agreement at its sole discretion. Your continued use of the Website or Services after any amendments to this Agreement constitutes your acceptance of the Agreement, including any amendments. If at any time you become no longer able to comply with the terms of the current version of this Agreement, you agree to notify Dynatect.
Dynatect reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that Dynatect shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services. To protect the integrity of the Website or the Services, Dynatect reserves the right at any time in its sole discretion to block users from accessing the Website or Services.
This Agreement is effective until terminated. You may terminate this Agreement by emailing us at firstname.lastname@example.org. Dynatect may terminate this Agreement for any reason or for no reason, with or without notice to you. For example, if you breach this Agreement, if Dynatect learns that the Website is used for any unauthorized or inappropriate activity as determined by Dynatect, or if Dynatect discontinues the Services, Dynatect may suspend and/or terminate this Agreement with or without notice to you. After termination by you or Dynatect for any reason, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You agree to indemnify, defend, and hold harmless Dynatect, and its subsidiaries and other affiliates, and its and their respective officers, agents and employees, from any claim or demand by any third party arising out of your use of the Website or Services, including but not limited to, the submission of any User Information, your violation of any term of this Agreement, and your violation of any rights of another person or entity including by the submission of User Information. You agree to cooperate fully with Dynatect in the defense of any claim. Dynatect reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Dynatect.
The Website may contain links, advertisements and/or sponsorships. The advertisers and/or sponsors that provide these links, advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. Dynatect is not responsible for the acts or omissions of any advertiser or sponsor.
THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH THE WEBSITE OR SERVICES, ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY TRANSACTIONS OR INFORMATION RECEIVED THROUGH THEM.
DYNATECT DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF INFORMATION OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR OFFERED IN CONNECTION WITH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. DYNATECT MAKES NO COMMITMENT TO UPDATE ITS SERVICES OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED BY DYNATECT OR PROVIDED IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE.
To the fullest extent allowed by applicable law, Dynatect and its members, directors, officers, employees, and agents are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Website or Services, User Information, or any information received or published in connection with any of the Website or Services. Your sole remedy for dissatisfaction with or any claim related to the Website or Services is to stop using the Website, Services and/or information obtained therefrom.
This Agreement shall be construed, governed by and interpreted according to the internal laws of the State of Wisconsin, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. Any dispute, claim or controversy relating to or arising under this Agreement or the dealings of the parties which cannot be resolved amicably by the parties shall be commenced and prosecuted exclusively in the state courts of Waukesha County, Wisconsin or the federal court for the Eastern District of Wisconsin located in Milwaukee, Wisconsin (in either event, the “Forum Court”). You and Dynatect stipulate and consent to the exclusive jurisdiction, personal jurisdiction and proper venue of the Forum Court and waive and relinquish all right to attack the suitability or convenience of such venue or forum by reason of their present or future domiciles, or by any other reason. You and Dynatect acknowledge that all directions issued by the Forum Court, including all injunctions and other decrees, will be binding and enforceable in all jurisdictions. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Dynatect’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.