GENERAL TERMS AND CONDITIONS
DynamicTechServices.com requires that all the visitors to our site(s) on the World Wide Web adhere to the following terms and conditions (hereinafter, the “Terms” or “Agreement”). By accessing and using the web site located at www.DynamicTechServices.com (the “Site”) you indicate your acknowledgment and acceptance of the Terms. You also acknowledge that DynamicTechServices.com may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Site. If you do not agree to these Terms, do not use the Site.
1. LAWS AND REGULATIONS
User access to, and use of, the Site is subject to all applicable international, federal, state and local laws and regulations.
2. LICENSE AND ACCESS TO SITE
DynamicTechServices.com grants you a limited, non-transferable license to access and use, for non-commercial purposes, the Site. This license shall not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DynamicTechServices.com or our affiliates without our prior express written consent. We make no guarantees regarding the availability of the Site. Furthermore, we reserve the right, within our sole discretion, to discontinue or modify the Site and you agree that we will not be liable to you for any such discontinuance or modification of the Site. Any rights not expressly granted by these Terms are reserved by us.
3. RESTRICTIONS ON YOUR USE; INTELLECTUAL PROPERTY OWNERSHIP
This Agreement does not grant any license to modify or alter the materials on the Site that are viewed, downloaded or otherwise accessed by you. Any and all intellectual property rights associated with the Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of DynamicTechServices.com, or third parties. DynamicTechServices.com hereby authorizes you to copy materials published by DynamicTechServices.com on this Site for non-commercial use only, provided any copy of these materials which you make shall retain all copyright and other proprietary notices and any disclaimer contained thereon and on this Site. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, display, publish, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without the express written consent of DynamicTechServices.com or the express written consent of the appropriate third party, as applicable. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Site. Except as provided herein, DynamicTechServices.com does not grant to you any express or implied rights to DynamicTechServices.com or any third party’s Intellectual Property.
THIS US-BASED SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). DynamicTechServices.com HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT THE DynamicTechServices.com HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND THE WWW.DynamicTechServices.com URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE. USER SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN TERMS AND CONDITIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS, AND OTHER PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE SITE. DynamicTechServices.com IS NOT RESPONSIBLE FOR SUCH PROVISIONS, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.
5. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. DynamicTechServices.com DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN THE DynamicTechServices.com, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL THE DynamicTechServices.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
6. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DynamicTechServices.com SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. DynamicTechServices.com DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. DynamicTechServices.com IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. DynamicTechServices.com MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. DynamicTechServices.com MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME. YOU AGREE THAT DynamicTechServices.com, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF THE DynamicTechServices.com IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. DynamicTechServices.com CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
7a. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE
YOU AGREE THAT DynamicTechServices.com IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO CONSULTING SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. DynamicTechServices.com HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE DynamicTechServices.com FROM ANY LIABILITY WITH RESPECT TO THE SAME.
7b. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH SWK TECHNOLOGIES, INC.
BY ACCESSING THIS SITE YOU FURTHER UNDERSTAND AND AGREE THAT SWK TECHNOLOGIES, INC. IS A MERE AGENT FOR THE PROVIDERS OF SERVICES LISTED ON OR REFERENCED BY LINKS ON THIS SITE, INCLUDING BUT NOT LIMITED TO CONSULTING SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO ANY SERVICES OFFERED THROUGH SWK TECHNOLOGIES, INC. ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. SWK TECHNOLOGIES, INC. HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER LISTED ON OR REFERENCE BY LINKS ON THIS SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE SWK TECHNOLOGIES, INC. FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Your personal information and certain other information about you are subject to the DynamicTechServices.com Internet Privacy Statement (“Privacy Statement”), which Privacy Statement is incorporated into the terms of this Agreement by this reference.
9. LINKED INTERNET SITES
DynamicTechServices.com prohibits caching, unauthorized hypertext links to the Site and the framing of any content available through the Site. The DynamicTechServices.com reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other web sites linked to the Site. If you desire to provide a hyperlink from your website to the Site, you must contact DynamicTechServices.com to discuss mutually agreeable terms for such hyperlink.
10. NO BUSINESS ADVICE OR OFFERS
Nothing in the Site constitutes business advice. DynamicTechServices.com provides content and materials for convenience and information only.
11. FORWARD LOOKING INFORMATION
Certain information on this Site contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. DynamicTechServices.com undertakes no obligation to update publicly or revise any forward-looking statements.
12. PRESS RELEASES
All press releases and other materials presented or released to the business community that are contained on the Site were, to the best of DynamicTechServices.com’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. DynamicTechServices.com has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.
DynamicTechServices.com is under no obligation to review any messages, information or content (“Content”) posted on the Site by users and assumes no responsibility or liability relating to any such Content. Notwithstanding the above, DynamicTechServices.com may from time to time monitor the Content on the Site and may decline to accept and/or remove any Content in its sole discretion, including, but not limited to:
- Any Content that is unlawful, harmful, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Any Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
- Any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- Unsolicited promotions, political campaigning, advertising or solicitations.
- Chain letters of any kind.
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- Viruses, corrupted data or other harmful, disruptive or destructive files.
- Content that is unrelated to the topics discussed on the area of the Site in which such Content is posted.
- Any Content that, in the sole judgment of DynamicTechServices.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose DynamicTechServices.com or its affiliates or its users to any harm or liability of any type.
Any use of the Site or any portion thereof in violation of the foregoing shall constitute a violation of this Agreement and may result in, among other things, termination or suspension of your rights to use the Content-posting area and/or the Site. Pursuant to the terms of the Privacy Statement, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect and defend the rights of DynamicTechServices.com, its affiliates, and their respective customers, employees or any other user of their respective services, or to ensure the integrity and operation of DynamicTechServices.com’s business and systems, DynamicTechServices.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. ANY AND ALL CONTENT SHALL NOT BE DEEMED PERSONAL INFORMATION FOR PURPOSES OF THE PRIVACY STATEMENT AND DynamicTechServices.com‘S RIGHT TO USE AND DISCLOSE ANY SUCH INFORMATION SHALL GOVERN OVER ANY TERMS OF PRIVACY STATEMENT.
14. RIGHTS TO USER CONTENT
By posting or distributing Content to or through the Site, unless we indicate otherwise, you hereby (a) grant DynamicTechServices.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant DynamicTechServices.com and its affiliates and sublicensees the right to use the name and other personally identifiable information that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) the use and posting or other transmission of such Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You further grant DynamicTechServices.com the right to pursue at law any person or entity that violates your or DynamicTechServices.com’s rights in the Content by a breach of these Terms.
Content submitted by users will be considered non-confidential and DynamicTechServices.com is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, DynamicTechServices.com reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. DynamicTechServices.com is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to DynamicTechServices.com. DynamicTechServices.com shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by DynamicTechServices.com or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release DynamicTechServices.com, and its licensees, successors and assigns, from any claims that you could otherwise assert against DynamicTechServices.com by virtue of any such moral rights.
15. CHANGES TO TERMS
DynamicTechServices.com reserves the right to revise these Terms at any time and users are deemed to be apprised of and bound by any changes to these Terms.
16. VIOLATIONS OF TERMS
DynamicTechServices.com reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Site.
17. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
18. JURISDICTION/GOVERNING LAW
Users of this Site agree to submit to the laws of the State of Georgia, USA and applicable federal law without regard to conflicts of laws principles.
This Agreement was last modified and is effective as of April 20, 2007.