Thank you for visiting Dynaspark. The Dynaspark website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Conditions of Use"). Please read this document carefully before accessing or using the Dynaspark website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
Modification of these Conditions of Use
Dynaspark reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Dynaspark website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
Privacy
Please review our Privacy Policy, which also governs your visit to Dynaspark, to understand our practices regarding the use and disclosure of your personal information.
Electronic Communications
When you visit Dynaspark or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
Please review our Copyright, which also governs your visit to Dynaspark, to understand our copyright statement.
License and Website Access
Dynaspark grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Dynaspark. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Dynaspark. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Dynaspark without the express written consent of Dynaspark. You may not use META tags or any other "hidden text" which utilize dynaspark.net, Dynaspark, EJZ Enterprises, or any other derivative of our domain or company name without the express written consent of Dynaspark. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dynaspark so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that Dynaspark cannot and does not guarantee or warrant that files made available for downloading through the Dynaspark website will be free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Dynaspark are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY DYNASPARK ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYNASPARK MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DYNASPARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DYNASPARK DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM DYNASPARK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DYNASPARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DYNASPARK USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. DYNASPARK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, DYNASPARK SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY DYNASPARK IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO DYNASPARK FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
Linked websites are not under the control of Dynaspark and is not responsible for the contents of any linked site or any link contained in a linked site. Dynaspark provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Dynaspark of the site.
Applicable Law
By visiting the Dynaspark website, you agree that the laws of the state of Indiana, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Dynaspark.
Disputes
Any dispute relating in ay way to your visit or access of the Dynaspark website or to the products or services you purchase through the Dynaspark website shall be submitted to binding arbitration in Allen County, Indiana, except that, to the extent you have in any manner violated or threatened to violate Dynaspark's intellectual property rights, Dynaspark may seek injunctive or other appropriate relief in any state or federal court in the state of Indiana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Dynaspark, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Dynaspark website.
International Use
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Other Provisions
Dynaspark's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Dynaspark may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Request
Please send notices by care of e-mail to: sales@dynaspark.net
Last Updated: 11/18/2008
