You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Dynamic reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Dynamic apologizes for any inconvenience this may cause you.
When you visit the Website or send e-mails to Dynamic, you are communicating electronically. You consent to receive communications from Dynamic electronically. Dynamic will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Dynamic e-mails you consent to receiving products, promotions and other advertisements from Dynamic or its partners.
If you are not completely satisfied with your Website purchase, you may return it with your receipt within 30 days from the date of purchase to:
Dynamic Drinkware, LLC
3555 Moser Street
Oshkosh, WI 54901
The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.
Dynamic has made every effort to display as accurately as possible the colors of the Products that appear on the Website. However, as the actual colors you see will depend on your monitor, Dynamic cannot guarantee that your monitor's display of any color will be accurate.
When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. We encourage you to use "strong" passwords that use a combination of lower case and upper case letters, numbers and symbols. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to: (a) immediately notify Dynamic of any unauthorized use of your username or password or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Dynamic will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
When you submit content to Dynamic that is covered by intellectual property rights, like images, photos and videos ("Content"), you specifically give Dynamic the following permission: you grant Dynamic an irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify and display any Content that you submit. You represent and warrant that you own or otherwise control all of the rights to the Content; that the Content is accurate; that use of the Content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Dynamic for all claims, expenses and other costs resulting from Content you supply. Dynamic has the right, but not the obligation, to monitor and edit or remove any activity or Content. Dynamic takes no responsibility and assumes no liability for any Content submitted by you or any third party. To the extent contained within or associated with the Content, you grant and consent to Dynamic permission to use, and to alter without restriction your name, portrait, photograph and/or other likeness in any and all manner of media, whether for commercial or non-commercial purposes, whether now known or hereafter existing, in perpetuity. You agree that the Content may be combined with other images, text, film, audio, graphics and audio-visual works, and cropped, edited, altered or modified.
Dynamic owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, 'Content') are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses, rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Dynamic or its suppliers. All software used on this Website is the property of Dynamic or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
Dynamic DrinkwareTM, DigiCupsTM, Protected Ink®, and Player Cups® along with other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Dynamic in the U.S. and/or other countries. Dynamic's trademarks and trade dress may not be used in connection with any product or service that is not manufactured, owned or operated by Dynamic or in any manner that, in the sole discretion of Dynamic, may cause confusion among customers, or in any manner that, in the sole discretion of Dynamic, disparages or discredits Dynamic. All other trademarks not owned by Dynamic that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dynamic. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Dynamic.
Dynamic grants you a limited license to access and make personal use of the Website to browse and/ or purchase Products, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dynamic. This license does not grant any rights to any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other non-commercial users of the Website. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Dynamic reserves all rights not expressly granted herein.
Dynamic expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Dynamic trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Dynamic is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Dynamic.
Dynamic may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Dynamic has no control over such sites and resources, you acknowledge and agree that Dynamic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dynamic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. Dynamic is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.
Except for those warranties expressly provided herein, you hereby acknowledge and agree that Dynamic (including officers, employees, agents, directors, affiliates and subsidiaries and independent contractors of Dynamic) has not made any other warranties, express or implied, concerning the Website or the Products. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DYNAMIC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DYNAMIC DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL DYNAMIC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF DYNAMIC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT DYNAMIC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
DYNAMIC MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Notwithstanding anything to the contrary contained herein, Dynamic's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Dynamic for the PRODUCTS.
You agree to indemnify and hold Dynamic, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this Website.
You agree that Dynamic may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that Dynamic may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Dynamic will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Dynamic shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Dynamic. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Dynamic, breach of this Agreement by users, and any other events reasonably beyond the control of Dynamic.
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Wisconsin for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in Wisconsin shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
Dynamic hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about, evaluating or acquiring Dynamic services or products, provided (i) you mark such copy "© 2017 Dynamic Drinkware, LLC. All rights reserved."; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Website may contain email services, bulletin board services, forums, communities, product design, and/or other message, communication, or design facilities designed to enable you to communicate with others and/or alter product appearance (collectively "Communication and Design Services"). You agree to use the Communication and Design Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication and Design Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication and Design Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication and Design Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; (vii)embarrass, defame or otherwise cause injury to the brand or reputation of Dynamic and licensors presented on the Website and/or Dynamic products; or (iv) violate any applicable laws or regulations. Dynamic has no obligation to monitor the Website or Communication and Design Services. However, Dynamic reserves the right to review materials posted to the Website and the Communication and Design Services and to remove and/or edit any materials in its sole discretion. Dynamic reserves the right to terminate your access to the Website and the Communication and Design Services at any time, without notice, for any reason whatsoever. Dynamic reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dynamic's sole discretion.
Dynamic®, the Dynamic logo, and any other marks used on the Website are trademarks of Dynamic or their respective owners. Such marks may not be used without the prior written consent of Dynamic. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
Copyright Notice. This Website is protected by copyright. © 2017 Dynamic Drinkware, LLC. All rights reserved.
*Note - You are hereby advised that if you have an idea that has not been protected by patent, trademark or copyright registration or similar means and believe it is proprietary and should be kept confidential, then you should not submit the idea.
You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any Dynamic server or the network(s) connected to any Dynamic server, or interfere with any other person's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any Dynamic server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.
Any links to third party websites are provided for your convenience only, and Dynamic makes no recommendation or endorsement as to such websites or the products or services offered thereon.
You may link to the Dynamic Website, unless notified otherwise in writing by Dynamic. However, you may not frame the Website in a manner that may cause confusion to Dynamic customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.
You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Dynamic respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide the following information to Dynamic:
Send information to:
Dynamic Drinkware, LLC
3555 Moser Street
Oshkosh, WI 54901
In any action to enforce this Agreement, the prevailing party will be entitled to recover from the non-prevailing party its legal expenses, including reasonable attorneys' fees, costs and expenses in addition to any other relief to which the party is entitled. Any cause of action brought by you against Dynamic or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. Dynamic may freely assign its rights and obligations under this Agreement.
By using the Website or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
If any part of this Website is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
Any failure by Dynamic to enforce or exercise any provision of this Website or related rights will not constitute a waiver of that right or provision.
The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2017 Dynamic Drinkware, LLC. All rights reserved.