THESE TERMS OF SERVICE are entered into by and between Dynamis Alliance Corp., a Virginia stock corporation (“Dynamis Alliance”), Dynamis Training, LLC, a Virginia limited liability company (“Dynamis Training”) (Dynamis Alliance and Dynamis Training are collectively “Dynamis”) and the user (“User,” “you,” or “your”) (Dynamis and User each a “Party” and collectively, the “Parties”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.dynamisalliance.com and its various subpages (the “Website”), the Dynamis mobile application (the “App”), if any, and any other products sold or provided by Dynamis on the Website or App (the “Products”) or services or features available on or through Website or App (the foregoing collectively defined herein as the “Services”). The Services are a copyrighted work belonging to Dynamis.
The Products and Services are not offered and available to minors. By puchasing the Products and/or using the Services, you represent and warrant that you are of legal age of majority/adulthood in your state or country of residence, can legally purchase the Products or use the Services, and have the capcity to form a binding contract with Dynamis. You also represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services or purchase the Products.
PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
RELEASE OF LIABILITY
YOU HEREBY VOLUNTARILY AGREE TO USE THE PRODUCTS AND/OR PARTICIPATE IN THE SERVICES UNDER THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACTIVITIES OF TRAINING; TESTING OF THE CARDIOVASCULAR SYSTEM, HEART RATE, MUSCLE STRENGTH, ENDURANCE, AND FLEXIBILITY; EXERCISE; AEROBICS AND AEROBIC CONDITIONING AND TRAINING; BODY WEIGHT TRAINING; CIRCUIT TRAINING; CARDIOVASCULAR EXERCISE TRAINING; USE OF MACHINERY AND TRAINING EQUIPMENT (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS); WEAPONS TRAINING; STRETCHING; WEIGHT LIFTING; AND ANY OTHER TRAINING ACTIVITIES, TECHNIQUES, AND/OR EXERCISES.
YOU FURTHER AGREE TO FOLLOW ALL THE RULES SET FORTH BY DYNAMIS AND ITS TRAINERS AT ALL TIMES, INCLUDING WITHOUT LIMITATION, THE INSTRUCTION MANUAL FOR USE OF THE PRODUCTS.
IN CONSIDERATION OF THE PRIVILEGE OF PARTICIPATING IN THE SERVICES AND USING THE PRODUCTS, YOU OR YOUR ASSIGNS, ADMINISTRATORS, EXECUTORS, AND/OR ALL MEMBERS OF YOUR FAMILY, INCLUDING MINORS, WAIVE, RELEASE, HOLD HARMLESS AND FOREVER DISCHARGE DYNAMIS, ITS SUCCESSORS IN INTEREST, ASSIGNS, SERVANTS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ASSOCIATES, OFFICERS, MANAGERS, MEMBERS, OFFICIALS, AND ANY OTHER PARTICIPANTS IN THE SERVICES, FROM ANY AND ALL RESPONSIBILITY, LIABILITY, CLAIMS, AND DEMANDS OF ANY KIND AND NATURE, DAMAGES, ACTIONS, CAUSES OF ACTION OF ANY KIND, WHETHER NOW KNOWN OR UNKNOWN, OR WHICH YOU MAY HAVE NOW, OR WHICH MAY HEREAFTER ACCRUE TO YOU (COLLECTIVELY, THE “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON OR RELATED TO DIZZINESS; STRAINS AND/OR SPRAINS; FRACTURES OF ANY KIND; SYNCOPE (FAINTING); ARRHYTHMIA (ALTERATION IN HEART RHYTHM); DYSPNEA (SHORTNESS OF BREATH); ANGINA PECTORIS (CHEST PAIN); TACHYCARDIA (RAPID RESTING HEART RATE OVER 100 BEATS PER MINUTE); MYOCARDIAL INFARCTION (HEART ATTACK); CEREBROVASCULAR ACCIDENT (STROKE); DYSTHYMIA (ABNORMAL RHYTHM OF BRAIN WAVES OR HEART RHYTHM); AND/OR ANY OTHER PHYSICAL INJURY, DUE TO ANY CAUSE WHATSOEVER, INCLUDING THE ACT OR OMISSION, NEGLIGENCE, OR ANY OTHER FAULT OF DYNAMIS.
INFORMED CONSENT AND ASSUMPTION OF THE RISK
YOU AGREE TO THESE TERMS OF SERVICE WITH FULL KNOWLEDGE OF ALL THE RISKS AND BENEFITS ASSOCIATED WITH THE PRODUCTS AND SERVICES AND ASSUME ALL RISKS ASSOCIATED THEREWITH. YOU ACKNOWLEDGE AND UNDERSTAND THE RISKS ASSOCIATED WITH USE OF THE PRODUCTS AND PARTICIPATION IN THE SERVICES AND USING THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, PHYSICAL INJURY RESULTING FROM THE ACTS, OMISSIONS, AND/OR NEGLIGENCE OF OTHERS, AND FULLY UNDERSTAND THE IMPORTANCE AND RELEVANCE OF ALL THE RISKS.
YOU EXPRESSLY AND VOLUNTARILY ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR PARTICIPATION IN THE SERVICES AND USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, TESTING OF THE CARDIOVASCULAR SYSTEM; INCREASED HEART RATE; MUSCLE STRENGTH, ENDURANCE, AND FLEXIBILITY TRAINING; AEROBICS AND AEROBIC CONDITIONING AND TRAINING; BODY WEIGHT TRAINING; CIRCUIT TRAINING; CARDIOVASCULAR EXERCISE TRAINING; USE OF MACHINERY AND TRAINING EQUIPMENT (INCLUDING, WITHOUT LIMIATION, THE PRODUCTS); WEAPONS TRAINING; STRETCHING; AND ANY OTHER TRAINING ACTIVITIES, TECHNIQUES, AND/OR EXERCISES.
FURTHER, YOU EXPRESSLY AND VOLUNTARILY ASSUMES ANY AND ALL RISK ASSOCIATED WITH YOUR PARTICIPATION IN THE SERVICES AND USE OF THE PRODUCTS UNDER THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF DIZZINESS; STRAINS AND/OR SPRAINS; FRACTURES OF ANY KIND; SYNCOPE (FAINTING); ARRHYTHMIA (ALTERATION IN HEART RHYTHM); DYSPNEA (SHORTNESS OF BREATH); ANGINA PECTORIS (CHEST PAIN); TACHYCARDIA (RAPID RESTING HEART RATE OVER 100 BEATS PER MINUTE); MYOCARDIAL INFARCTION (HEART ATTACK); CEREBROVASCULAR ACCIDENT (STROKE); DYSTHYMIA (ABNORMAL RHYTHM OF BRAIN WAVES OR HEART RHYTHM); AND/OR ANY OTHER PHYSICAL INJURY, DUE TO ANY CAUSE WHATSOEVER.
PHYSICAL CONDITION; RISK(S); LIABILITY.
By agreeing to these Terms of Service, You represent and warrant as follows:
- You are physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would limit or prevent your participation in the Services or make your use of the Products dangerous to yourself or others
- You have been informed of the need for a physician’s approval for participation in the Services
- Dynamis has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment, including, without limitation, the Products, so that you may have knowledge that you have either (a) been given permission by your physician to participate, or (b) that you have decided to participate in the Services and use of the Products under this Agreement without the approval of your physician;
- You are in good physical health and no doctor or other medical professional has diagnosed you with or advised you of any current or potential medical condition that could be exacerbated by strenuous physical activity, such as the activity involved in the Services;
- You have read and fully understand the Instruction Manual provided by Dynamis relating to the Services and use the Products.
- YOU HAVE, ON YOUR HEALTH HISTORY QUESTIONNAIRE, GIVEN FULL AND COMPLETE DISCLOSURE OF ALL PHYSICAL CONDITIONS, IMPAIRMENTS, DISEASES, INFIRMITIES, OR ILLNESSES THAT MIGHT AFFECT OR PREVENT YOUR PARTICIPATION IN THE ACTIVITIES UNDER THE SERVICES; and
Other Representations and Warranties
You represent and warrant to Dynamis as follows:
- You do not intend to use the Products or Services in a way or manner that violates any local, state, federal, or international law, including, without limitation Code of Virginia Section 18.2-433.2;
- You are not prohibited by any local, state, federal, or international law from owning or using the Products or using the Services;
- You are of the legal age to enter into an Agreement, are not mentally incapacitated, and are agreeing to these Terms of Service without duress, undue influence, and for valuable consideration.
Covenants by You
By using the Website or App, you covenant to Dyanmis as follows:
- You will use the Products and/or Services only for lawful purposes and in accordance with these Terms of Service.
- You will not to use the Products or Services for any of the following:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of the Products, data, or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm others.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material (without Dynamis’ prior written consent), including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Dynamis, an employee or representative of Dynamis, another User, or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by Dynamis, may harm Dynamis or Users of the Services or expose them to liability.
- You will not:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without Dynamis’ prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Use the “Invite” feature of the Services for sending spam or any solicitation other than as permitted by Dynamis.
- Otherwise attempt to interfere with the proper working of the Services.
- You will follow all instructions in the Instruction Manual and will exercise reasonable care when handling the Products or performing the Services.
Changes to these Terms of Service
Dynamis may revise and update these Terms of Service from time to time in Dynamis’ sole discretion and timing upon a notification on the Website or the App, if any. All revisions, updates, or changes are effective immediately when Dynamis posts them to the Website or the App, if any, and apply to all access to and use of the Products and/or Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the Parties have actual notice on or prior to the date the revision, update, or change is posted. Your continued use of the Prodcuts and/or Services following the posting of revised, updated, or changed Terms of Service means and constitutes your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read, and agree to this page when Dynamis posts a notification on the Website or App, if any, or sends you a notification through email, prior to continuing to access or utilize the Products and/or Services so you are aware of any revision, update, or change, as they are binding on you.
Dynamis reserves the right to withdraw or amend the Services, and any product, service, or material Dymamis provides on the Services, in Dynamis’ sole discretion without notice. Dynamis will not be liable to you if, for any reason, any part of or the entire Services is unavailable for your access or use at any time or for any period. From time to time, Dynamis may restrict access to some parts of the Services or the entire Services.
No Professional Advice
The information contained in or made available through the Services (including, but not limited to, information contained on the Website, the App, message boards, in text files, in video files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, psychological, or physiological matters. YOU ARE ADVISED TO CONSULT A LICENSED PHYSICIAN AND PSYCHOLOGIST BEFORE COMMENCING THE SERVICES AND/OR USING THE PRODUCTS. Dynamis and its licensors, suppliers, employees, members, managers, and contractors make no representations or warranties concerning any action or application of information or preparation by any person following the information offered or provided within or through the Services.
You are responsible and accountable for your decisions, actions, and results thereof, and by your use of the Products and/or Services, you agree not to attempt to hold Dynamis or any of the foregoing parties liable for any such decisions, actions, or results, at any time, under any circumstance.
You acknowledge and agree that you will pay for the portions of the Products and/or Services for which there is a charge listed on the Website or App, and that Dynamis or its third-party payment processor, may charge your credit card, debit card, or other account or method of payment, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with the Services. If you fail to pay any amount owed to Dynamis for use of all or any portion of the Products and/or Services, you may lose access to that portion or the entire Services. Additionally, by using the Products and/or Services, you acknowledge and agree that you may send or receive e-mail or SMS text messages on your phone or mobile device to or from other Users, from Dynamis and/or its agents and other third-party affiliates if you choose to use services or products that they offer. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply.
Permission to Run Background Checks
By subscribing for, purchasing, and/or using the Products and/or Services, you give Dynamis permission to run background checks on you. The scope of these background checks may include, without limitation, your criminal or physical history.
Intellectual Property Rights
- The Services and their entire contents, features, and functionality (including, but not limited to, all information, source code, algorithms, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are wholly owned by Dynamis, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other applicable jurisdictions’ intellectual property or proprietary rights laws.
- These Terms of Service permit you to use the Services in accordance with these Terms of Service only. These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Services or any intellectual property rights owned by Dynamis. Dynamis, Dynamis’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dynamis or its affiliates or licensors. You must not use such marks without the prior written permission of Dynamis. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
- If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you must, at Dynamis’s option and direction, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Dynamis respects the intellectual property of others and asks that Users of the Services do the same. In connection with the Services, Dynamis has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of the Users is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Dynamis. Please let Dynamis know as soon as possible. Please send the following information to Dynamis using the contact information set forth at the end of these Terms of Service:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on the Services that you claim is infringing and that you request to remove;
- Sufficient information to permit Dynamis to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under applicable law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by Dynamis in connection with the written notification and the allegation of copyright infringement.
The Services may, now or in the future, contain areas where Users may post, without limitation, reviews, comments, videos, photos, and other content, and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contributions you Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant Dynamis and its affiliates and service providers, its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Dynamis; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by all applicable third parties and applicable government agencies who own or possess any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you are accurate and complete in their requirement to satisfy the foregoing described representations and warranties.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Dynamis, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Dynamis is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Services.
Monitoring and Enforcement
Dynamis reserves the right to (1) remove or refuse to post any User Contributions for any or no reason in its sole discretion, and/or (2) take any action with respect to any User Contribution that Dynamis deems necessary or appropriate in its sole discretion.
Without limiting the foregoing, Dynamis has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Dynamis to disclose the identity or other information of anyone posting any materials on or through the Services. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS DYNAMIS AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, Dynamis does not undertake to review all material or User Contributions before they are Posted on the Services, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, Dynamis assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Dynamis has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of the Services. You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions shall not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property, or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by Dynamis or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. Dynamis does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. DYNAMIS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, USER OF THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Services may include content provided by third parties, including materials or User Contributions provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dynamis, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Dynamis. Dynamis is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or other Users.
Information About You and Your Use of the Services
Online Purchases and Other Terms and Conditions
The Services may from time to time include the ability of Users to purchase Products to be used in connection with the Services. All Product purchases or other transactions for the sale of goods or services formed through the Services or as a result of visits made by you are governed by these Terms of Service. Additional terms and conditions may also apply to specific portions, services, or features of the Services from time to time. All such additional terms and conditions, whether now in existence or created in the future, are hereby incorporated by this reference into these Terms of Service.
Linking to the Services and Social Media Features
- You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage Dynamis’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Dynamis’s part without Dynamis’s express written consent.
- This Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Services.
- Send short message service (“SMS”) text messegages, e-mails, or other communications to third parties containing certain content, or links to certain content, on the Services.
- Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use the Services features solely as they are provided by Dynamis and solely with respect to the content they display. Subject to the foregoing, you must not:
- Establish a link to the Services from any website that is not lawfully owned by you.
- Cause the Services or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
- Link to any part of the Services other than the Website homepage.
- Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.
- The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with Dynamis in causing any unauthorized framing or linking immediately to cease. Dynamis reserves the right to withdraw linking permission without notice. Dynamis may disable all or any social media features and any links at any time without notice in Dynamis’ sole discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, Dynamis provides these links for your convenience only, including links contained in advertisements, including banner advertisements and sponsored links. Dynamis has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Relationship of the Parties and Providers
Users are not employees or agents of Dynamis or any other User. The relationship between Dynamis and a User is that of service provider/user. No brokerage, agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms of Service, regardless of what User Contributions are provided to the Services.
Affiliate Marketing Disclosure
Dynamis accepts or may in the future accept forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. Some links found on the Services may be affiliate links that allow you to purchase products or services from other companies through advertisements on the Services (“Affiliate Links”). Dynamis may receive compensation for purchases made through these Affiliate Links.
- Geographic Restriction: Dynamis provides the Services intended for use only by persons located in the United States. Dynamis makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- International Users: The Services are controlled, operated, and administered by Dynamis from Dynamis’ offices within the United States of America. If you access the Services from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
- Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. DYNAMIS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Limitation of Liability: You acknowledge that, unless expressly stated on the Services, all User Contributions are provided by independent Users, not by Dynamis. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, DYNAMIS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL DYNAMIS’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT CHARGED TO THE PARTICULAR USER FOR THE SERVICES, IF ANY. IN ADDITION, IN NO EVENT WILL DYNAMIS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY SERVICES, ADVICE, OR ITEMS OBTAINED THROUGH THE SERVICES, OR ONLINE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, WHETHER RELATED TO YOU OR ANY OTHER PARTY, AND EVEN IF FORESEEABLE. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
- Indemnification: You agree to defend, indemnify, and hold harmless Dynamis, its affiliates, licensors, and service providers, and its and their respective officers, managers, members, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of, relating to, or in any way connected with, your violation of these Terms of Service or your use of the Products or Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, or products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
- Governing Law: These Terms of Service and the relationship between you and Dynamis will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.
- DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms. THIS AGREEMENT TO ARBITRATE IS SPECIFICALLY ENFORCEABLE. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD. If you intend to seek arbitration you must first send written notice to Dynamis’ Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Dynamis should be sent by any of the following means: (i) electronic mail to [email protected] or (ii) U.S. Postal Service certified mail to Dynamis Alliance Corp., Attn: President, 576 North Birdneck Road, #622, Virginia Beach, VA 23451. The Notice must: (x) describe the nature and basis of the claim or dispute; (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Dynamis may commence an arbitration proceeding.The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. If Dynamis and you are unable to agree upon the selection of an arbitrator within thirty (30) days of commencement of this arbitration proceeding by service of deman for arbitration, the arbitrator will be selected by the AAA. The AAA’s rules are available at ADR.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the applicability or scope of this arbitration clause, but the arbitrator is bound by these Terms of Service. If you initiate arbitration, you will be resonsible for all fees and costs arising out of or relating to the arbitration. In such case, you agree to reimburse Dynamis for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Dynamis will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim, or the claim is frivolous or the relief sought is improper or not warranted.The arbitration shall be conducted in Norfolk, Virginia. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. DYNAMIS AND YOU EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, YOU AND DYNAMIS EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Dynamis each agree to the exclusive jurisdiction and the exercise of personal jurisdiction of the state or federal court located in the City of Norfolk, Commonwealth of Virginia, United States of America, for the purpose of litigating all claims or disputes, and waive any objection as to inconvenient forum. You also both agree that Dynamis may bring suit in court for injunctive relief to enjoin infringement or other misuse of intellectual property rights.The arbitrator will have no authority to award punitive, consequential, special, or indirect damages.You and Dynamis agree that the costs associated with the arbitration shall be split equally by you and Dynamis
- Waiver of Jury Trial: Each Party hereto acknowledges and agrees that any controversy which may arise under these Terms of Service are likely to involve complicated and difficult issues, and therefore you and Dynamis hereby irrevocably and unconditionally waive any right to have a trial by jury in respect of any litigation directly or indirectly arising out of or relating to these Terms of Service, or transactions contemplated hereby or therein.
- No Assignment: You may not assign your rights nor delegate your duties under these Terms of Service without Dynamis’ prior written consent, and any attempted assignment or delegation will be null and void.
- Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver: No failure by Dynamis to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dynamis to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
- Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- Notices. Dynamis may give notice to you by email or other reasonable means. You shall give notice to Dynamis by certified mail (postage pre-paid and return receipt requested) to:
Dynamis Alliance Corp.
576 North Birdneck Road, #622
Virginia Beach, VA 23451
QUESTIONS. Please contact Dynamis with any questions regarding these Terms of Service by emailing at: [email protected]