Terms and Conditions

  1. Introduction

1.1    These terms and conditions shall govern your use of our Dynamix PRO engine.

1.2    By using our Dynamix PRO engine, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Dynamix PRO engine.

1.3    If you [register with our Dynamix PRO engine, submit any material to our Dynamix PRO engine or use any of our Dynamix PRO engine services], we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our Dynamix PRO engine; by using our Dynamix PRO engine or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5    Our System Dynamix website and our Dynamix PRO engine uses cookies; by using our Dynamix PRO engine or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

  1. Credit

2.1    This document was created using a template from SEQ Legal (http://www.seqlegal.com).

  1. Copyright notice

3.1    Copyright (c) 2017(18) System Dynamix.

3.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our Dynamix PRO engine and the material on our Dynamix PRO engine; and

(b)    all the copyright and other intellectual property rights in our Dynamix PRO engine and the material on our Dynamix PRO engine are reserved.

  1. License to use Dynamix PRO engine

4.1    You may:

(a)    view pages from our Dynamix PRO engine in a web browser;

(b)    download pages from our Dynamix PRO engine for caching in a web browser;

(c)    print pages from our Dynamix PRO engine;

(d)    [stream audio and video files from our Dynamix PRO engine]; and

(e)    [use [our Dynamix PRO engine services] by means of a web browser],

subject to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our Dynamix PRO engine or save any such material to your computer.

4.3    You may only use our Dynamix PRO engine for your own personal and business purposes, and you must not use our Dynamix PRO engine for any other purposes.

4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Dynamix PRO engine.

4.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our Dynamix PRO engine (including republication on another Dynamix PRO engine);

(b)    sell, rent or sub-license material from our Dynamix PRO engine;

(c)    show any material from our Dynamix PRO engine in public;

(d)    exploit material from our Dynamix PRO engine for a commercial purpose; or

(e)    redistribute material from our Dynamix PRO engine.

4.6    Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7    We reserve the right to restrict access to areas of our Dynamix PRO engine, or indeed our whole Dynamix PRO engine, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Dynamix PRO engine.

  1. Acceptable use

5.1    You must not:

(a)    use our Dynamix PRO engine in any way or take any action that causes, or may cause, damage to the Dynamix PRO engine or impairment of the performance, availability or accessibility of the Dynamix PRO engine;

(b)    use our Dynamix PRO engine in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our Dynamix PRO engine to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Dynamix PRO engine without our express written consent;

(e)    access or otherwise interact with our Dynamix PRO engine using any robot, spider or other automated means;

(f)    violate the directives set out in the robots.txt file for our Dynamix PRO engine;

5.2    You must ensure that all the information you supply to us through our Dynamix PRO engine, or in relation to our Dynamix PRO engine, is true, accurate, current, complete and non-misleading.

  1. Registration and accounts

6.1    You may register for an account with our Dynamix PRO engine by completing and submitting the account registration form on our Dynamix PRO engine, and clicking on the verification link in the email that the Dynamix PRO engine will send to you.

6.3    You must not allow any other person to use your account to access the Dynamix PRO engine, unless you have given that person express permission to do so.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person’s account to access the Dynamix PRO engine, unless you have that person’s express permission to do so.

  1. User login details

7.1    If you register for an account with our Dynamix PRO engine, we will provide you with a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our Dynamix PRO engine arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion without notice or explanation.

8.2    You may cancel your account on our Dynamix PRO engine [using your account control panel on the Dynamix PRO engine].

  1. Your content: license

9.1    In these terms and conditions, “your content” means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our Dynamix PRO engine for storage or publication on, processing by, or transmission via, our Dynamix PRO engine.

9.2     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.3    You may edit your content to the extent permitted using the editing functionality made available on our Dynamix PRO engine.

9.4    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

10.1    You warrant and represent that your content will comply with these terms and conditions.

10.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libelous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)    be blasphemous;

(j)    be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)    depict violence in an explicit, graphic or gratuitous manner;

(m)    be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

[additional list items]

  1. Limited warranties

11.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our Dynamix PRO engine;

(b)    that the material on the Dynamix PRO engine is up to date; or

(c)    that the Dynamix PRO engine or any service on the Dynamix PRO engine will remain available.

11.2    We reserve the right to discontinue or alter any or all of our Dynamix PRO engine services, and to stop publishing our Dynamix PRO engine, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Dynamix PRO engine services, or if we stop publishing the Dynamix PRO engine.

11.3    To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Dynamix PRO engine and the use of our Dynamix PRO engine.

  1. Limitations and exclusions of liability

12.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3    To the extent that our Dynamix PRO engine and the information and services on our Dynamix PRO engine are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Dynamix PRO engine or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

13.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our Dynamix PRO engine;

(c)    permanently prohibit you from accessing our Dynamix PRO engine;

(d)    block computers using your IP address from accessing our Dynamix PRO engine;

(e)    contact any or all of your internet service providers and request that they block your access to our Dynamix PRO engine;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our Dynamix PRO engine.

 

13.2    Where we suspend or prohibit or block your access to our Dynamix PRO engine or a part of our Dynamix PRO engine, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

  1. Variation

14.1    We may revise these terms and conditions from time to time.

14.2    The revised terms and conditions shall apply to the use of our Dynamix PRO engine from the date of publication of the revised terms and conditions on the Dynamix PRO engine, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Dynamix PRO engine, and you must stop using the Dynamix PRO engine.

  1. Assignment

15.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

16.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

17.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2    The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

18.1    Subject to Section 12.1, these terms and conditions[, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our Dynamix PRO engine and shall supersede all previous agreements between you and us in relation to your use of our Dynamix PRO engine.

  1. Law and jurisdiction

19.1    These terms and conditions shall be governed by and construed in accordance with United States federal, state and local law.

19.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the United States federal, state and local courts.

  1. Our details

20.1    This Dynamix PRO engine is owned and operated by System Dynamix, Inc.

20.2    Our principal place of business is at 122 East Main Street, Ste. 243, Lakeland, FL  33801.

20.3    You can contact us:

(a)    by mail, using the postal address given above;

(b)    using our Dynamix PRO engine contact form;

(c)    by telephone, on 1-866-579-7836; or

(d)    by email, using support@mydynamixpro.com.

 

Refund Policy

Dynamix Sites

Due to the nature of the Online Marketing and Web Promotion Service Industry, System Dynamix cannot offer guarantees for a majority of its System Dynamix’ “Dynamix Sites” Services and, as such, all payments are nonrefundable. System Dynamix does not guarantee sales or traffic.

The web is very unpredictable and dynamic. For this reason, Services are provided on a best-efforts basis. In no event will System Dynamix will be liable for any damages, for any cause, arising from provided services, including any lost profit, lost savings, or other incidental or consequential damages, even if another party has advised System Dynamix of the possibility of such damages, or for any claim. Partners who receive completed services will not be eligible for a refund in any manner. This includes all media, including but not limited to, optimizations, press releases, link building, search engine visibility, or any other System Dynamix’ “Dynamix Sites” Services, consultations and/or monthly maintenance services. There is no refund on work performed once completed.

System Dynamix’ “Dynamix Sites” Services do not include the paid submission fees that some search engines charge for inclusion. We are not affiliated with these submission services in any way. You may opt to pay these fees directly to the search engine for inclusion.

Dynamix PRO

Due to the nature of developing software, mobile websites, video email templates require System Dynamix to allocate certain monies stated above to complete such action, therefore System Dynamix has a no refund policy. System Dynamix automatically sends access to the system (User ID & Passcode) via email at Point-Of-Sale. In the event the access credentials do not appear in Partner’s email, it is the responsibility of the Partner to obtain my User ID and Passcode by contacting support@mydynamixpro.com. Due to the items listed above, financial hardships, medical issues, not accessing or utilizing System Dynamix’ technology and/or leaving a current position/company/industry does not constitute reason(s) for a refund of any amount.

I certify that I am the authorized holder and signer of the credit card/debit card used. I certify that all information is complete and accurate. I hereby authorize collection of the payment for all charges as indicated. Charges may not exceed the amount listed. I understand that charges stated as “MONTHLY” are monthly recurring charges and will be automatically billed to the provided credit card each month. If additional charges are going to be authorized a new form will have to be completed. I also understand that due to the nature of developing software, mobile websites, video email templates requires System Dynamix to allocate certain monies stated above to complete such action, therefore System Dynamix has a no refund policy

Data Security

System Dynamix, Inc automatically locks access to any Partnership account if the account is inactive for 60 days (i.e. You have not logged on to the account in 60 days). All landing pages, auto-responders, text messaging and all automated functions of the account will remain active and working properly. YOU WILL STILL BE CHARGED FOR THE ACCOUNT. This is to protect your account from unknown access. To gain access to the account simply email support@mydynamixpro.com or call 1-866-579-7836 to get new secured passcode.

 Yes!  I authorize System Dynamix to charge my credit card or deposit checks payable for services.  My check also represents that I understand that the initial investment (charged immediately) plus all monthly subscriptions (charged every 30 days from the date of this contract) will be charged to the credit card given below unless otherwise stated in writing by me at least 3 days prior to the next billing cycle. By checking, I acknowledge that I have received the products and services listed above and understand that all sales are final. I also acknowledge my understanding that ***System Dynamix will be the name of company billed to my credit card.***