Dynamic Conveyor Corporation (the “Company,” “us,” “we,” or “our”) operates the website at https://dynamicconveyor.com (the “Site”). These terms and conditions (“Terms & Conditions”) govern your access to and use of the Site and our Services, including any content or functionality of the Site, whether as a guest or a registered user.
“Services” refers to the Company’s services accessed via the Site, including, without limitation accessing information, submitting correspondences, and logging into accounts.
“You” refers to you, as a user of the Site and/or our Services.
The Site is offered and available to users who are 18 years of age or older. By accessing or using the Site and/or our Services, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you must not access or use the Site or any of our Services.
Your permission to access and use the Site and/or our Services is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
- access the Site for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Site;
- collect or harvest any personal data of any user of the Site or our Services;
- use the Site or our Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- use the Site or our Services to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “spam,” or any other similar solicitation;
- distribute any part or parts of the Site without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use any process to monitor or copy any of the material on the Site for any purpose not expressly authorized in these Terms & Conditions, without our explicit written permission;
- use the Site or our Services for any unlawful purpose or for the promotion of any illegal activities;
- use the Site or our Services to harass, abuse or harm another person or group, or attempt to harass, abuse, or harm another person or group;
- use another Site user’s account without permission;
- intentionally allow another person to access your account on the Site;
- impersonate or attempt to impersonate the Company, an employee of the Company, another user of the Site, or any other person or entity (including, without limitation, by using email addresses, account information, or any personal information associated with any of the foregoing);
- provide false or inaccurate information when registering an account on the Site;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the Site or any related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to our Services, or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data, without our express written permission;
- circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of content, or enforce limitations on use of the Site or the content accessible via the Site; or
- introduce, publish or link to any viruses, Trojan horses, worms, logic bombs, or any other malicious or technologically harmful content of any sort, including anything intended to damage or disrupt any portion of the Site or another user’s browser or computer.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Site, we may provide convenient links to third-party websites (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). These links are provided as a courtesy only. We have no control over Third-Party Sites or Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or 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 Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply our approval or endorsement. Any reliance you place on any information on any Third-Party Sites or Third-Party Applications, Software or Content is strictly at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate or relating to any Third-Party Applications, Software or Content. You acknowledge and agree that, if you decide to access any Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so strictly at your own risk and subject to the terms and policies of such Third-Party Sites or Third-Party Applications, Software or Content.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) by sending the following information in writing to our designated copyright agent at https://dynamicconveyor.com/contact:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By posting any content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content and your name, voice, and/or likeness as contained in such content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.
You acknowledge and agree that the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms & Conditions.
These Terms & Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from the Site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms & Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Site’s email and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all amendments to these Terms & Conditions and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or our Services and special offers. You may opt-out of such email by changing your account settings or using the “Unsubscribe” link in the message. Opting out may prevent you from receiving messages regarding the Site, our Services or special offers.
YOUR USE OF THE SITE, ITS CONTENT, ANY OF OUR SERVICES AND ANY OTHER ITEMS ON THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, OUR SERVICES AND ANY OTHER ITEMS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SITE AND OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR THEIR LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING (AND REGARDLESS OF WHETHER OR NOT (I) WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, (II) SUCH DAMAGES ARE FORESEEABLE OR (III) A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT RESULT IN ANY WAY FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE OR ANY OF OUR SERVICES; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; (D) ANY WEBSITES LINKED TO THE SITE, THIRD-PARTY SITES, OR THIRD-PARTY APPLICATIONS, SOFTWARE OR CONTENT, OR ANY USE OF ANY OF THE FOREGOING; OR (E) ANY OTHER INTERACTIONS WITH US OR WITH ANY OTHER USER OF THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more other users of the Site or our Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Site, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS & CONDITIONS
We can amend these Terms & Conditions at any time and will update these Terms & Conditions in the event of any such amendments. Your continued use of the Site or our Services signifies your agreement to our revisions to these Terms & Conditions. We will endeavor to notify you of material changes to these Terms & Conditions by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. However, you are solely responsible for (i) ensuring we have an up-to-date active and deliverable email address for you and (ii) periodically reviewing these Terms & Conditions to check for any changes. The date these Terms & Conditions were last modified is identified at the top of this page. Any changes to these Terms & Conditions (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our authorized officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If any part of these Terms & Conditions is held or found to be invalid, illegal or unenforceable for any reason by a court or other tribunal of competent jurisdiction, that portion of these Terms & Conditions will be construed so as to be consistent with applicable law while the remaining portions hereof will remain in full force and effect. No waiver by the Company of any term of conditions set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term of condition, and any failure on our part to enforce any provision of these Terms & Conditions will not be considered a waiver of our right to enforce such provision. Our rights under these Terms & Conditions survive any transfer or termination of these Terms & Conditions.
You agree that any claim or cause of action related to or arising out of these Terms & Conditions, the Site, or our Services must be commenced within ONE year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
These Terms & Conditions and your use of the Site and our Services are governed by the federal laws of the United States of America and the laws of the State of Michigan, without regard to any conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions, the Site, or our Services must be instituted exclusively in the federal courts of the United States located in Grand Rapids, Michigan, or the state courts of the State of Michigan located in Muskegon, Michigan; provided, however, that the Company retains the right to bring any suit, action, or proceeding against you for a breach of these Terms & Conditions in your country, state, and/or county of residence, or any other country, state, and/or county relevant to such suit, action, or proceeding.