Last updated June 6, 2016
This Policy applies to dyndata.net. It regulates the processing of information relating to you and grants both of us various rights with respect to your personal data. It describes what type of information we collect, how we use that information, and to whom we can provide that information. It also informs you of how to notify us to stop using your information. We are located in the United States of America. You may be located in a country that has laws which are more restrictive about the collection and use of your personal information. However, by using our website, you agree to waive the more restrictive laws and agree to be governed by the laws of the United States of America.
We collect general types of information about you when you visit and use our website such as personal information, demographic information, behavioral information, quiz answers and indirect information. Sometimes we collect combinations of these types of information.
Personal information is information that can be used to identify you or any other individual to whom the information may relate. This is information which you are prompted to provide to us. Such information may include your name, address, telephone number(s), and email address or other unique information about you which you provide to us during the registration process, or though the course of communicating with us about the services provided on our website.
Demographic information is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, telephone number(s) (including mobile phone number(s) and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests.
Behavioral information is information pertaining to how you use our website, the areas of our website that you visit, what services you access, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited.
No Information Collected from Children. We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at Dynamic Data Strategies, 1730 S Federal Highway #385, Delray Beach, FL 33483 if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.
Removing Cookies. You have the ability to accept, decline or remove cookies, at any time, by modifying your browser settings. Please see //cookiecentral.com for more information.
Web Beacons. We use electronic images known as Web beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our website, measure and improve the effectiveness of advertisements and track delivery of advertising. Web beacons collect only a limited set of information including a cookie number, time and date of page view, as well as a description of the page on which the Web beacon resides. We may also use Web beacons in email messages sent to you.
Disabling Web Beacons. Because Web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
IP Addresses. Your Internet Protocol ("IP") is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). We automatically collect your IP address. We may use this information for research on our users' demographics, interests, and behavior, to better understand and serve you. This information may include the URL that you just came from (whether this URL is on the website or not), which URL you next go to (whether this URL is on the website or not) and your computer browser information. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify you. Your IP address can reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites.
Providing Services. We use the information we gather on our website to provide you with the services you have requested. This includes emailing you our newsletters and third party advertising on or throughout website.
Improving Our Website. We use the information we gather to respond to any inquires you make, operate and improve the functionality of our website, and deliver the services advertised on our website. Our services include the display of personalized products, content, and advertising, relating to your experience and interests.
Sharing Information. We may also make your name, email address, mailing address, telephone number, and/or demographic information available to carefully selected business partners, vendors and other third party organizations to provide you with information about products, services and special offers we think may interest you or to improve our products, services and advertising. Many of our users find this a valuable and time-saving service.
We disclose your information to third parties throughout the world, or combined personal, demographic, behavioral or indirect information, in the following ways:
Product and Service Delivery. We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our website, analyze our data, provide marketing assistance and provide customer service.
Website Functionality. We share your information with third parties who help us in the delivery of our services.
Anonymous information. We share aggregated anonymous information about you, combined with other persons using our website with third parties, so that they can understand the kinds of visitors that come to our website, and how those visitors use our website. This includes demographic information and behavioral information.
Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
Advertisers. Advertising agencies, advertising networks, and other companies who place ads on our website, may use their own cookies, Web beacons, and other technology, to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.
We endeavor to safeguard and protect your information. When you submit information on our website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
California Civil Code Section 1798.83 permits customers of Company who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to: Dynamic Data Strategies, 1730 S Federal Highway #385, Delray Beach, FL 33483.
If you wish to no longer receive emails from dyndata.net, you may use the unsubscribe link at the footer of all email messages or contact us at email@example.com.
Dynamic Data Strategies
1730 S Federal Highway #385
Delray Beach, FL 33483
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Dynamic Data Strategies, and/or any involved third party relating to your account or information you provide. Dynamic Data Strategies agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Dynamic Data Strategies. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. Sections 1-16, as amended.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and Dynamic Data Strategies both retain the right to pursue, in a small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. Dynamic Data Strategies will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Dynamic Data Strategies, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Dynamic Data Strategies, 1730 S Federal Highway #385, Delray Beach, FL 33483. You agree to negotiate with Dynamic Data Strategies in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Dynamic Data Strategies' receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and Dynamic Data Strategies agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Dynamic Data Strategies agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
Arbitration Fees. Dynamic Data Strategies shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although Dynamic Data Strategies may have a right to an award of attorneys' fees and expenses under some laws if it prevails, Dynamic Data Strategies agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator's ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with Dynamic Data Strategies, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and Dynamic Data Strategies and shall not be modified except in writing by Dynamic Data Strategies.
Amendments. Dynamic Data Strategies reserves the right to amend this arbitration provision at any time. Your continued use of any Dynamic Data Strategies Website, purchase of a Dynamic Data Strategies product, or use or attempted use of a Dynamic Data Strategies product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Dynamic Data Strategies will provide you notice and an opportunity to opt-out. Your continued use of any Dynamic Data Strategies Website, purchase of a Dynamic Data Strategies product, or use or attempted use of a Dynamic Data Strategies product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST ACCESSED THE SITE BY WRITING TO Dynamic Data Strategies, 1730 S Federal Highway #385, Delray Beach, FL 33483. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED AND DATED WRITTEN NOTICE THAT DETAILS SUCH OPT-OUT.
Effective Date: 12/21/17
BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF NOT, PLEASE DO NOT USE OR ACCESS OUR WEBSITE.
We reserve the right to modify the Terms at any time without prior notice to you. We ask that you read these Terms carefully each time you use our Website. All changes to these Terms will be effective from the date posted forward. By using our Website after any change, you accept all new or revised provisions in any revised posted Terms.
2. Services We Provide. We provide you with access to a rich collection of resources, including without limitation various content related to promotions, giveaways, deals, sweepstakes, forums, offers, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (collectively, "Services"). You also understand and agree that the Services may include advertisements and that these advertisements are necessary for us to provide the Services. You also understand and agree that the Services may include certain communications such as service announcements, administrative messages, alerts and informational email newsletters. These communications are considered part of your membership and you will not be able to opt out of receiving them unless you terminate your membership. Unless explicitly stated otherwise, any new features that augments or enhances the current Services, including the release of new properties, shall be subject to these Terms. You understand and agree that the Services is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Our Website is intended for use in the United States only. If you access the site from outside the US, you agree that you are doing so at your own risk and initiative and are responsible for compliance with all applicable laws, regulations and rules. We are not liable for any consequences of use outside the US.
Please be aware that Service includes adult or mature content. You must be at least 18 years of age to access and view such areas.
2. Access to our Services and Password Protection. To access our Services you may be required to register as a member and use a unique login that includes an email address and a password. Only one user can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access to the restricted portions of our Website. By registering for and using our Services, you agree to keep your password confidential and accept responsibility for the confidentiality and use of your password. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason with or without notice.
3. Changes to Our Website. You agree and understand that our Website including, all content and sponsored content may be modified or discontinued at any time, in our sole discretion, without prior notice. All changes are subject to these Terms.
4. Ownership of Intellectual Property. All text, graphics interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (collectively “Content”) published on the Website is protected by applicable intellectual property laws and is owned or licensed by us or our licensors. You may not modify, create a derivative work, display, distribute, or exploit, in whole or in part, any of the Content or software contained on, or comprising, our Website without seeking prior written permission from us. You are restricted from using any automated or manual device or process to copy, monitor, index or data mine the Website. Our Website, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of ours and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. Nothing in these Terms shall be deemed to grant to you any license or right in or to any other proprietary right of ours pertaining to the products sold on and through our Website.
5. License to Use and Copy. We grant you a limited license to make personal use of content on our Website. This license does not include: (a) any resale or commercial use of content on our Website; (b) the collection and use of any product listing or description on our Website; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Website.
6. Restrictions on Your Use of our Website. Without limiting the generality of any other provisions of these Terms, you agree you shall not: (i) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of our Website or Content; (ii) remove any copyright, trademark or other proprietary rights notice contained in or on our Website; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Website; (iv) transmit or upload to our Website any software or code containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade the performance of our Website or any computer utilized to access our Website; (v) use our Website to intentionally or unintentionally, violate any applicable local, state, federal or international law; or (vi) collect or store personal or non-personal data about others in connection with our Website.
7. Accessibility. At times, the site may be inaccessible or inoperable due to but not limited to equipment or communications malfunctions, periodic maintenance, or causes beyond our control or which are not foreseeable by us. We shall not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
8. Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUT WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Limitation on Liability. IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION
10. Indemnification. You agree to indemnify and hold us harmless including our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, lawsuit or demand of any third party due to, arising out of or related to (i) your access to or use of our Website , or (ii) your violation of these Terms.
11. Disclaimer of Advertisements and Links to Third Party Website. We display advertisements from third parties on our Website. These advertisements may be in the form of a sponsored content article, banner, link, pop-under or pop-up ads, email marketing. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked website. We are paid only for the display and distribution of the advertisement and the display or link does not represent or imply that we endorse such products, services or Website. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE OR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS OR WEBSITE.
12. Confidential Binding Arbitration. You agree that by entering into these Terms, you and we are each waiving the right to trial by jury and the ability to participate in a class action.
12.1. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE AND THE PRODUCTS ADVERTISED THEREON (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM ADVERTISING ON OUR WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS.
12.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 8605 Santa Monica Blvd #77649 Los Angeles, CA 90069-4109. It must be addressed to the attention of Legal Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
12.3. All arbitrations required by these Terms will be conducted under the rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
12.4. Each of us will pay our own share of administrative, hearing, and arbitrator’s fees and costs for the arbitration but not the fees, expenses, and costs of our respective lawyers, experts, or witnesses in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it can apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
12.5. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR WEBSITE INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE, SERVICES, ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE OR SERVICE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES. THIS SECTION 11 WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.
13. Applicable law. By visiting our Website, you agree that the laws of California without regard to principles of conflict of laws will govern these Terms and any dispute of any sort that might arise between you and us. You also agree to arbitrate any disputes in Santa Monica, California.
15. Digital Millennium Copyright Act Compliance. It is our policy to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA"). Pursuant to the DMCA, Dynamic Data has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Dynamic Data site, please notify our designated agent by postal mail at:Dynamic Data
We will review your claim and respond as we deem appropriate, which may include temporary or permanent removal of the allegedly infringing Content from our Website. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
16. Termination. If you violate these Terms, or otherwise create legal exposure or risk for us, we can stop providing all or part of our Services to you. You may be notified by email or at the next time you attempt to access your membership account, or your access may be stopped without notice. You may also delete your account in full by contacting us at the Contact link at the bottom of the Website.
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