Terms and Conditions of Use

Last updated October 06, 2019

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH DYNOBLOX CORPORATION. PLEASE READ IT.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dynoblox Corporation (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://www.dynoblox.cf website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.  

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use;  (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of this site, you agree not to:

  1. Use the Site in a manner inconsistent with any applicable laws or regulations. 
  2. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
  3. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
  4. Use a buying agent or purchasing agent to make purchases on the Site. 
  5. Use the Site to advertise or offer to sell goods and services. 
  6. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
  7. Engage in unauthorized framing of or linking to the Site. 
  8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
  9. Make improper use of our support services or submit false reports of abuse or misconduct. 
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 
  11. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
  12. Attempt to impersonate another user or person or use the username of another user. 
  13. Sell or otherwise transfer your profile. 
  14. Use any information obtained from the Site in order to harass, abuse, or harm another person. 
  15. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 
  16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 
  17. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
  18. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. 
  19. Delete the copyright or other proprietary rights notice from any Content. 
  20. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
  21. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 
  22. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
  23. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. 
  24. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof. 

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://articles.dynoblox.cf/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Copyright Agent

Attn: Copyright Agent

312 Alexis Dr

Smyrna, TN 37167

[email protected]

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.  

ARBITRATION AGREEMENT

READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS SET FORTH BELOW. If you do not reject this arbitration agreement, for a Claim subject to arbitration, neither you nor we will have the right to: (1) have a court or jury decide the Claim; (2) engage in information-gathering
(discovery) to the same extent as in court; (3) participate
in a class action in court or in arbitration; or (4) join or
consolidate a Claim with claims of any other person. The
right to appeal is more limited in arbitration than in court
and other rights in court may be unavailable or limited in
arbitration. 

Claims Subject to Arbitration. A “Claim” subject to arbitration is
any claim, dispute or controversy between you and us (other than
an Excluded Claim or Proceeding as set forth below), whether
preexisting, present or future, which arises out of or relates
to the Account, these rules and regulations, any transaction
conducted with us in connection with the Account or these rules
and regulations, or our relationship. “Claim” has the broadest
possible meaning and includes initial claims, counterclaims,
cross-claims, third- party claims and federal, state, local
and administrative claims. It includes disputes based upon
contract, tort, consumer rights, fraud and other intentional torts,
constitution, statute, regulation, ordinance, common law and
equity and includes claims for money damages and injunctive
or declaratory relief. “Claim” also includes disputes concerning
communications involving telephones, cell phones, automatic
dialing systems, artificial or prerecorded voice messages, text
messages, emails or facsimile machines and alleged violations
of the Telephone Consumer Protection Act and other statutes
or regulations involving telemarketing. Upon the demand of you
or us, Claim(s) will be resolved by individual (not class or classwide) binding arbitration in accordance with the terms specified
in this arbitration agreement.

Special Definition of “We,” “Us” and “Our.” Solely for purposes
of this arbitration agreement, the terms “we,” “us” and “our,” in
addition to the meanings set forth in these rules and regulations,
also refer to Dynoblox Corporation’s employees, officers, directors, parents,
controlling persons, subsidiaries, affiliates, successors and
assigns. “We,” “us” and “our” also apply to third parties if you
assert a Claim against such third parties in connection with a
Claim you assert against us.

Excluded Claim or Proceeding. Notwithstanding the foregoing,
“Claim” does not include any dispute or controversy about the
validity, enforceability, coverage or scope of this arbitration
agreement or any part thereof (including, without limitation, the
Class Action Waiver set forth below this sentence, and/or the
last sentence of the Survival and Severability paragraph below);
all such disputes or controversies are for a court and not an
arbitrator to decide. However, any dispute or controversy that
concerns the validity or enforceability of the rules and regulations
as a whole is for the arbitrator, not a court, to decide. In addition,
the following claims or proceedings will not be subject to this
arbitration agreement: (1) any individual action brought by you or
us in small claims court or your state’s equivalent court, unless
such action is transferred, removed, or appealed to a different
court; (2) the exercising of any self-help rights, including set-off
as described in the paragraph below titled “Right of Offset and
Security Interest,” or (3) any individual action in court by one
party that is limited to preventing the other party from using a selfhelp remedy and that does not involve a request for damages or
monetary relief of any kind. The institution and/or maintenance
of any such right, action or litigation shall not constitute a waiver
of the right of either of the parties to compel arbitration regarding
any other dispute subject to arbitration pursuant to this arbitration
agreement. Moreover, this arbitration agreement will not apply
to any Claims that are the subject of (a) a class action filed in
court that is pending as of the effective date of this arbitration
agreement in which you are alleged to be a member of the
putative class (however, you and we will continue to be bound
by any prior version of this arbitration agreement) or (b) a motion
to compel arbitration filed by us against you before the effective
date of this arbitration agreement pursuant to a prior version of
this arbitration agreement (however, you and we will continue to
be bound by any prior version of this arbitration agreement).

Federal Arbitration Act. Notwithstanding any choice of law or
other provision in these rules and regulations, the parties agree
and acknowledge that this agreement evidences a transaction
involving interstate commerce and that the Federal Arbitration
Act (Title 9 of the United States Code) (“FAA”) shall govern its
interpretation and enforcement and proceedings pursuant thereto.
To the extent state law is applicable under the FAA, the law of the
state governing your account relationship with us shall apply.

Class Action Waiver. Notwithstanding any other provision
of these rules and regulations, if either you or we elect to
arbitrate a Claim, neither you nor we will have the right: (a) to
participate in a class action, private attorney general action or
other representative action in court or in arbitration, either as a
class representative or class member; or (b) to join or consolidate
Claims with claims of any other persons. No arbitrator shall have
authority to conduct any arbitration in violation of this provision.
(Provided, however, that the Class Action Waiver does not apply
to any lawsuit or administrative proceeding filed against us by a
state or federal government agency even when such agency is
seeking relief on behalf of a class of borrowers including you.
This means that we will not have the right to compel arbitration of
any claim brought by such an agency).

Arbitration Procedures. If you or we elect to arbitrate a Claim,
the electing party must notify the other party in writing. This notice
can be given after the beginning of a lawsuit and can be given in
papers filed in the lawsuit. Otherwise, your notice must be sent
to Dynoblox Corporation Legal Department, Attn: General Counsel-Arbitration Election, 312 Alexis Dr, Smyrna, TN 37167-5569, and our notice must be sent
to the most recent address for you in our files. Any arbitration
hearing that you attend must take place in a venue reasonably
convenient to you. If a party files a lawsuit in court asserting
Claim(s) that are subject to arbitration and the other party files
a motion to compel arbitration with the court which is granted,
it will be the responsibility of the party prosecuting the Claim(s)
to commence the arbitration proceeding with an arbitration
administrator in accordance with this arbitration agreement and
the administrator’s rules and procedures. Even if all parties have
opted to litigate a Claim in court, you or we may elect arbitration
with respect to any Claim made by a new party or any Claim later
asserted by a party in that or any related or unrelated lawsuit
(including a Claim initially asserted on an individual basis but
modified to be asserted on a class, representative or multi-party
basis). Nothing in that litigation shall constitute a waiver of any
rights under this arbitration agreement.

A single arbitrator will be appointed by the administrator and,
unless you and us agree otherwise, must be a practicing
attorney with ten or more years of experience or a retired judge.
The arbitrator will not be bound by judicial rules of procedure
and evidence that would apply in a court, nor by state or local
laws that relate to arbitration provisions or proceedings. The
arbitrator will honor and enforce statutes of limitation and claims
of privilege recognized under applicable law. In determining
liability or awarding damages or other relief, the arbitrator will
follow the applicable substantive law, consistent with these rules
and regulations and the FAA, that would apply if the matter had
been brought in court. The arbitrator may award any damages
or other relief or remedies that would apply under applicable law
to an individual action brought in court. For Claim(s) that total
less than $75,000 and at your written request, we will pay all
filing, hearing and/or other fees charged by the administrator
and arbitrator to you for Claim(s) asserted by you in arbitration
after you have paid an amount equivalent to the fee, if any, for
filing such Claim(s) in state or federal court (whichever is less)
in the judicial district in which you reside. If you have already
paid a filing fee for asserting the Claim(s) in court, you will not be
required to pay that amount again. In addition, the administrator
may have a procedure whereby you can seek a waiver of fees
charged to you by the administrator and arbitrator. We will always
pay any fees or expenses that we are required to pay by law or
the administrator’s rules or that we are required to pay for this
arbitration agreement to be enforced. The arbitrator will have the authority to award attorneys and expert witness fees and costs
to the extent permitted by either these rules and regulations, the
administrator’s rules or applicable law. The arbitrator shall award
you your reasonable attorneys’ and expert witness fees and
costs (a) if and to the extent you prevail on Claim(s) you assert
against us in an individual arbitration commenced by you, or (b)
to the extent required under applicable law for this arbitration
agreement to be enforced. The arbitrator shall write a brief
explanation of the grounds for the decision. A judgment on the
award may be entered by any court having jurisdiction. 

Survival and Severability. This arbitration agreement shall
survive the closing of your Account and the termination of any
relationship between us, including the termination of these rules
and regulations. If any part of this arbitration agreement, is deemed
or found to be unenforceable for any reason, the remainder shall
be enforceable, except that: (a) The parties to these rules and
regulations acknowledge that the Class Action Waiver is material
and essential to the arbitration of any disputes between the parties
and is non-severable from this arbitration agreement. If the Class
Action Waiver is limited, voided or found unenforceable as to any
Claim(s), then the parties’ arbitration agreement (except for this
sentence) shall be null and void with respect to such Claim(s) (but
not as to any other Claim(s) that have been or are later brought),
subject to the right to appeal the limitation or invalidation of the Class
Action Waiver. The parties acknowledge and agree that under no
circumstances will a class action be arbitrated; and (b) If a Claim
is brought seeking public injunctive relief and a court determines
that the restrictions in the paragraph titled “Class Action Waiver”
or elsewhere in this agreement prohibiting the arbitrator from
awarding relief on behalf of third parties are unenforceable with
respect to such Claim (and that determination becomes final after
all appeals have been exhausted), the Claim for public injunctive
relief will be determined in court and any individual Claims seeking
monetary relief will be arbitrated. In such a case the parties will
request that the court stay the Claim for public injunctive relief
until the arbitration award pertaining to individual relief has been
entered in court. In no event will a Claim for public injunctive relief
be arbitrated.

Effect of Arbitration Award. The arbitrator’s award shall be final
and binding on all parties, except for any right of appeal provided
by the FAA. However, if the amount of the Claim exceeds
$150,000 or involves a request for injunctive or declaratory
relief that could foreseeably involve a cost or benefit to either
party exceeding $150,000, any party can, within thirty (30) days
after the entry of the award by the arbitrator, appeal the award
to a three- arbitrator panel administered by the Administrator.
The panel shall reconsider anew any aspect of the initial award
requested by the appealing party. The decision of the panel shall
be by majority vote. Reference in this arbitration provision to “the
arbitrator” shall mean the panel if an appeal of the arbitrator’s
decision has been taken. The costs of such an appeal will be
borne in accordance with the above paragraph titled “Arbitration
Procedures.” Any final decision of the appeal panel is subject to
judicial review only as provided under the FAA. No arbitration
award involving the parties will have any preclusive effect as
to issues or claims in any dispute involving anyone who is not
a party to the arbitration, nor will an arbitration award in prior
disputes involving other parties have preclusive effect in an
arbitration between the parties to this agreement.

Notice and Cure; Special Payment. Prior to initiating a Claim,
you may give us a written Claim Notice describing the basis of
your Claim and the amount you would accept in resolution of the
Claim, and a reasonable opportunity, not less than thirty (30) days,
to resolve the Claim. Such a Claim Notice must be sent to us by certified mail, return receipt requested, at Dynoblox Corporation Legal Department, Attn: General Counsel-Arbitration Election, 312 Alexis Dr, Smyrna, TN 37167-5569. This is the sole and only method by which you can submit
a Claim Notice. If (i) you submit a Claim Notice in accordance
with this Paragraph on your own behalf (and not on behalf of any
other party); (ii) you cooperate with us by promptly providing the
information we reasonably request; (iii) we refuse to provide you
with the relief you request; and (iv) the matter then proceeds to
arbitration and the arbitrator subsequently determines that you
were entitled to such relief (or greater relief), you will be entitled to
a minimum award of at least $7,500 (not including any arbitration
fees and attorneys’ fees and costs to which you will also be
entitled). We encourage you to address all Claims you have in a
single Claim Notice and/or a single arbitration. Accordingly, this
$7,500 minimum award is a single award that applies to all Claims
you have asserted or could have asserted in the arbitration, and
multiple awards of $7,500 are not contemplated.

Right to Reject Arbitration Agreement. You may reject this
arbitration agreement and therefore not be subject to being
required to resolve any claim, dispute or controversy by arbitration.
To reject this arbitration agreement, you and only you personally,
must send us written notice of your decision so that we receive
it at the address listed below within forty-five (45) days of the
opening of your Account. Such notice must include a statement
that you wish to reject the arbitration agreement section of these
rules and regulations along with your name, address, Account
name, Account number and your signature and must be mailed to
the Dynoblox Corporation Legal Department, Attn: Arbitration Rejection,
312 Alexis Dr. This is
the sole and only method by which you can reject this arbitration
agreement and any attempt to reject this arbitration agreement by
any other person or through any other method or form of notice,
including the filing of a lawsuit, will be ineffective. You agree that
your rejection of this arbitration agreement shall not be imputed
to any other person or entity or be deemed to be a rejection of
this arbitration agreement by any person or entity other than you.
Nor shall your rejection of this arbitration agreement eliminate
the obligation of other persons or entities who wish to reject this
arbitration agreement to personally comply with the notice and
time requirements of this paragraph. Rejection of this arbitration
agreement will not affect any remaining terms of these rules and
regulations and will not result in any adverse consequence to
you or your Account. You agree that our business records will
be final and conclusive with respect to whether you rejected
this arbitration agreement in a timely and proper fashion. This
arbitration agreement provision will apply to you and us and
to your Account unless you reject it by providing proper and
timely notice as stated herein.

JURY TRIAL WAIVER

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY
MATTERS NOT SUBMITTED TO ARBITRATION, YOU
AND THE COMPANY HEREBY KNOWINGLY, VOLUNTARILY,
INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT
TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION
ARISING OUT OF THESE RULES AND REGULATIONS,
RELATING TO THE ACCOUNT, OR ANY OTHER DISPUTE
OR CONTROVERSY BETWEEN YOU AND US OR ANY
OF THE COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS,
PARENTS, CONTROLLING PERSONS, SUBSIDIARIES,
AFFILIATES, SUCCESSORS AND ASSIGNS.

LITIGATION CLASS ACTION WAIVER

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU
AND THE COMPANY HEREBY AGREE THAT ANY LITIGATION ARISING
OUT OF THESE RULES AND REGULATIONS, RELATING TO
THE ACCOUNT, OR ANY OTHER DISPUTE OR CONTROVERSY
BETWEEN YOU AND US OR ANY OF THE COMPANY’S EMPLOYEES,
OFFICERS, DIRECTORS, PARENTS, CONTROLLING
PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND
ASSIGNS WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL
NOT PROCEED AS PART OF A CLASS ACTION, COLLECTIVE
ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE ACTION AND YOU AND THE COMPANY HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY
AND IRREVOCABLY WAIVE ANY RIGHT TO PROCEED IN A
CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY
GENERAL ACTION OR OTHER REPRESENTATIVE ACTION OR
TO SERVE AS A CLASS REPRESENTATIVE. 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Consent of Electronic Signature

In an attempt to expedite the verification process, the Company asks that users selected for verification complete Dynoblox Corporation’s online form and sign it electronically, thus replacing the handwritten form and wet signatures. The new process will require all documents to be sent through the user’s support ticket. The user can forward responses from the Company to a different email account, but correspondence to/from the Company must be through the user’s support ticket, which provides security not usually found in personal email accounts.

Electronic Signature Agreement

By selecting the “I Agree” button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement. By selecting “I Agree” using any device, means or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your “E-Signature”) is as valid as if you signed the document in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature, and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting agreement between you and Dynoblox Corporation. You are also confirming that you are the user authorized to enter into this Agreement. You further agree that each use of your account equates to your E-Signature and constitutes your agreement to be bound by the terms and conditions of these Electronic Communications, Transactions, and Signatures as they exist on the date of your E-Signature on this form.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

Dynoblox Corporation     

312 Alexis Dr   

Smyrna, TN 37167-5569  

United States  

Phone: (330) 349-6038 

[email protected]