Dynamics Capital Terms of Service
(As of March 1, 2017)
Thank you for visiting www.dynamicscapital.com (the “Website”). The terms listed below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and any related applications whether existing now or in the future (collectively, the “Properties”).
By accessing or using the Properties, you agree to be bound by these Terms. These Terms constitute the complete agreement between you and K.A.J. Financial Corporation doing business as Dynamics Capital Group (“Dynamics Capital,” “we” or “us”) regarding the Properties. Dynamics Capital reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms and any other documents incorporated by reference herein (the “Amended Terms”) at any time. If the Amended Terms affect your rights, duties, and obligations under these Terms, we will provide reasonable advance notice before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on the Properties, or communicating the Amended Terms through any method of written contact that Dynamics Capital has established with you, and that your use of the Properties and/or the services after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms. Therefore, you should review these Terms and any Amended Terms before using the Properties and/or the services. The Amended Terms will be effective as of the date specified in the Amended Terms, and will apply to your use of the Properties from that point forward. These Terms will govern any disputes arising before the effective date of the Amended Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
ANY DISPUTE BETWEEN YOU AND DYNAMICS CAPITAL MUST BE RESOLVED BY MEDIATION OR BINDING ARBITRATION AS DESCRIBED BELOW. PLEASE READ THE MEDIATION AND ARBITRATION PROVISIONS IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THIS AGREEMENT, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Use of the Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party. You agree that you will only use the Properties for your own use. You must be at least eighteen (18) years of age to use the Properties. Use of the Properties is void where prohibited.
2. Intellectual Property Rights
The Properties are owned and operated by Dynamics Capital and its licensors and the data, text, graphics, designs, logos, images, audio/visual materials, links, and references (as well as any intellectual property and other rights relating thereto) accessible through the Properties (collectively, the “IP Rights”) are and will remain the property of Dynamics Capital and its licensors and suppliers. The IP Rights are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part of the Properties or IP Rights without Dynamics Capital’s prior written permission. The IP Rights and the Properties may be used solely (a) to the extent permitted in this Agreement, or (b) as expressly authorized in writing by Dynamics Capital or, if so indicated in writing by Dynamics Capital, its licensors or suppliers. Use of the Properties or IP Rights for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Properties or IP Rights.
The trademarks, logos, and service marks displayed on the Properties (collectively, the “Trademarks”) are the registered and unregistered trademarks of Dynamics Capital. Nothing contained in this Agreement or the Properties should be construed as granting, by implication, estoppel, or otherwise, any license, right to use or any other rights in the Trademarks without the express written permission of Dynamics Capital, except as set forth in this Agreement. You agree that the Trademarks are protected by U.S. and international copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. You must abide by all copyright notices, information and restrictions contained in the Trademarks accessed through the Properties.
3. Copyright Infringement
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
a. Identify in writing the copyrighted material that you claim has been infringed upon;
b. Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
c. Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”;
d. Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”