Terms and Conditions

DATA-DYNAMIX, INC. TERMS AND CONDITIONS

Welcome to www.data-dynamix.com (the “Website”). Data-Dynamix, Inc. (the “Company”, “we” or “our”) provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions without limitation or qualification. Please review our Privacy Policy which also governs your use of the Website, to understand our privacy practices. BY USING THE WEBSITE YOU CONSENT TO THE COLLECTION AND USE OF PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY. BY USING THE WEBSITE YOU ALSO AGREE TO BE BOUND BY THE COMPANY’S TERMS AND CONDITIONS. IF YOU DO NOT WANT INFORMATION ABOUT YOURSELF TO BE USED IN THE MANNER SET FORTH HEREIN, DO NOT USE THE WEBSITE.

The services offered by Company include the Website and any other features, content, functionality or applications offered from time to time by Company in connection with the use of the Website (collectively, the “Company Services”). The Website is currently hosted in the U.S., however, Company reserves the right to change hosting locations at any time.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMERS CAREFULLY BEFORE USING THE COMPANY SERVICES. YOUR USE OF THE COMPANY SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMERS.

This Terms and Conditions Agreement (the “Agreement”) sets forth the legally binding terms for your use of the Company Services. By using the Company Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Client” or a “Registered User” (which means that you have registered on the Website). The term “User” refers to a Visitor, Client, and a Registered User. You are only authorized to use the Company Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, and the terms and conditions of this Agreement. Please read this Agreement carefully and save it. If you do not agree, you should discontinue use of the Company Services immediately. If you wish to become a Registered User, communicate with other Users and make use of the Company Services, you must read this Agreement and indicate your acceptance during the registration process. This Agreement includes Company’s policy for acceptable use of the Company Services and content posted on the Website, your rights, obligations and restrictions regarding your use of the Company Services. Unless otherwise provided by the additional terms and conditions applicable to the Company Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: offers@data-dynamix.comcreate new email.

Company may modify this Agreement from time to time without notice or consent and such modification shall be effective upon posting by Company on the Website. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

As a Registered User you have the ability to create a profile to share information about yourself and your team on the Website (a “Profile”). Please choose carefully the information you post on the Website. Your Profile may not include the following items: any information, photographs or videos that contain harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Company assumes no responsibility or liability for this material. If you become aware of misuse of the Company Services by any person or User, please contact: offers@data-dynamix.comcreate new email.

Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posted content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Company Services at any time, for any or no reason, with or without prior notice, and without liability.

Your use of the Company Services is subject to the following specific terms:

Eligibility. Use of and registration for the Company Services is void where prohibited. By using the Company Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the Company Services including your Profile is truthful and accurate; (c) you will maintain the accuracy of all such information; (d) you are 18 years of age or older; and (e) your use of the Company Services does not violate any applicable law or regulation. Your Profile may be deleted and your User registration may be terminated without warning, if we believe that you are under 18 years of age. If you are under 18 years of age, you are not permitted to use the Website and Company Services for any reason.
Term. This Agreement shall remain in full force and effect while you use the Company Services or are a Registered User. You may terminate your registration at any time, for any reason. Company may terminate your User registration at any time, and for any reason, without warning. Even after User registration is terminated, this Agreement will remain in effect.
Fees. You acknowledge that Company reserves the right to charge fees for the use of the Company Services and to change its fees from time to time in its sole discretion and as governed by any agreement entered into with the Company. If Company terminates your User registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.
Password. When you sign up to become a Registered User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the User account or password of another Registered User at any time or to disclose your password to any third party. You agree to notify Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Registered Users. The Company Services are for the personal and professional use of Registered Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Illegal and/or unauthorized use of the Company Services, including collecting User names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of User registration. Appropriate legal action will be taken for any illegal or unauthorized use of the Company Services.
Proprietary Rights in Content on Company..

You represent and warrant that: (i) you own the Content posted by you on or through the Company Services, and (ii) the posting of your Content on or through the Company Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Company Services.
The Company Services contain content of Company and its sponsors and affiliates (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns or has the right to use, and retains all rights in the Company Content and the Company Services. Company hereby grants you a non-exclusive, non transferrable, revocable, and limited license to reproduce and display the Company Content (excluding any software code) solely and exclusively for your personal, commercial use in connection with viewing the Website and using the Company Services provided that you fully comply with these terms of use and conditions herein. Nothing contained in the Website or Company Services should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website or Company Services without the express, written consent of Company.
The Company Services contain Content of Users, sponsors, affiliates, and other Company licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Company Services.

This website uses services and products protected by various U.S. Patents and patents pending.

Content Posted. You are solely responsible for (a) the Content that you post on or through any of the Company Services, (b) any material or information that you transmit to other Users through the Website, and (c) for your interactions with other Users and the Website. Company does not endorse and has no control over the Content. Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. Company makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
Company may delete any Prohibited Content (as defined below). Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Company Services, Company nonetheless assumes no responsibility for Prohibited Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the User submitting any such Content.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Company Services (“Prohibited Content”). Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the Company Services and terminating the User registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Company:

is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the Company profile or the Company Services;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming” or anything similar that may exist now or in the future;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent;
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Profile;
posts advertisements or solicitations of business, or
impersonates someone other than the author.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activities include, but are not limited to activity in the sole discretion of Company that is:

Criminal or otherwise inappropriate, in Company’s sole discretion, activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any User to buy or sell any products or services through the Company Services other than someone authorized by Company. You may not transmit any chain letters or junk email to other Users. It is also a violation of this Agreement to use any information obtained from the Company Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such unauthorized advertising or solicitation, Company reserves the right to restrict access to certain Website functionalities in any 24-hour period to a number which Company deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, messages or other unsolicited communications of any kind through the Company Services, you acknowledge that you will have caused substantial harm to Company, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Company $100 for each such unsolicited email or other unsolicited communication you send through the Company Services;
covering or obscuring the banner advertisements on your personal profile page, or any Company page by means of HTML/CSS or any other means;
any automated use of the system, such as using scripts to send comments or messages;
interfering with, disrupting, or creating an undue burden on the Company Services or the networks or services connected to the Company Services;
attempting to impersonate another User or person;
using the account, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your Profile;
using any information obtained from the Company Services in order to harass, abuse, or harm another person;
displaying an advertisement on your Profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Company Services on behalf of that person, such as placing commercial content on your Profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose not contemplated by the Website; or
using the Company Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of Company to terminate the User registration of any User who infringes the copyright rights of others upon receipt of proper notification to Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Company Services in a way that constitutes copyright infringement, please provide us with the following information to offers@data-dynamix.comcreate new email: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Company Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.
User Disputes. You are solely responsible for your interactions with other Company Users. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
Privacy Policy. The use of the Company Services is also governed by the Company Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. Company is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Company Services, whether caused by Users of the Company Services or by any of the hardware, software or functionality associated with or utilized in the Company Services. Profiles created and posted by Users on the Website may contain links to other websites. Company is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Company. Inclusion of any linked website on the Company Services does not imply approval or endorsement of the linked website by Company. When you access these third-party sites, you do so at your own risk. Company takes no responsibility for third party advertisements which are posted on this Website or through the Company Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. Company is not responsible for the conduct, whether online or offline, of any User of the Company Services. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Profile, Content or communication. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, mobile device or other hardware or software, due to technical problems or traffic congestion on the Internet or on any of the Company Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Company Services. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Company Services, attendance or participation in a Company event or promotion, from any Content posted on or through the Company Services, or from the conduct of any Users of the Company Services, whether online or offline. THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND DOES NOT WARRANT THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. Company cannot guarantee and does not promise any specific results from use of the Company Services.
Limitation on Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, AND CONSEQUENTIAL DAMAGES AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES TWELVE (12) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
Disputes. If there is any dispute about or involving the Company Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Denver, Colorado.
Indemnity. You agree to indemnify and hold Company, its subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Company Services causes Company to be liable to another.
Other. The Website may be viewed internationally and may contain references to products or services not available in all countries. References to such products and services do not imply that the Company intends to make such products and services available in such countries. This Agreement is accepted upon your use of the Website or any of the Company Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: offers@data-dynamix.comcreate new email with any questions regarding this Agreement.