Terms of Use

Terms of Use

Dynamic Designs NW LLC

Overview

These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and Dynamic Designs NW LLC (“Dynamic Designs NW LLC” or “we”).  The Terms of Use govern your access to and use of the Dynamic Designs NW LLC website at https://www.DynamicDesignsNW.com and the social media pages linked there, including any content, functionality, and services offered on or through it (collectively, the “Site”).

By using the Site, you agree to be bound and abide by these Terms of Use.  Dynamic Designs NW LLC may terminate your ability to use the Site without notice if you do not comply with the Terms of Use.  If you do not agree to these Terms of Use, you must not access or use the Site.

Dynamic Designs NW LLC reserves the right to make changes to the Site and to the Terms of Use at any time.  All changes are effective immediately when posted.  Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Information Dynamic Designs NW LLC collects on this Site is subject to our Privacy Notice posted on the Site at https://www.DynamicDesignsNW.com/privacy-policy/.  By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice.  The Privacy Notice is incorporated into and governed by these Terms of Use.  To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.  Terms like “Information” that are in these Terms of Use but not defined here are defined in the Privacy Notice.

  1. Intellectual Property

The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Dynamic Designs NW LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The Dynamic Designs NW LLC name and related logos are trademarks and service marks (“Marks”) of Dynamic Designs NW LLC.  Dynamic Designs NW LLC’s Marks may not be used without advance written permission of Dynamic Designs NW LLC, including in connection with any product or service that is not Dynamic Designs NW LLC’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Dynamic Designs NW LLC.  Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Dynamic Designs NW LLC as described in Section 14.

  1. Limited License and Prohibited Uses

Dynamic Designs NW LLC grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site.  Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Dynamic Designs NW LLC is strictly prohibited.  You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain.  You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms of Use.  You agree that you will not:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
  • Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
  • Send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Terms of Use.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • Impersonate or attempt to impersonate Dynamic Designs NW LLC, an Dynamic Designs NW LLC employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Dynamic Designs NW LLC, may harm Dynamic Designs NW LLC or users of the Site or expose them to liability.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Dynamic Designs NW LLC’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

This Site is not intended for children under 13 years of age.  Dynamic Designs NW LLC does not knowingly collect information from children under 13.  If you are under 13, do not use this Site or provide any information about yourself to Dynamic Designs NW LLC, including your name, address, telephone number, or email address.

  1. Disclaimer and Limitation of Liability

WHILE DYNAMIC DESIGNS NW LLC ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS.  DYNAMIC DESIGNS NW LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED.  TO THE EXTENT PERMITTED BY LAW, DYNAMIC DESIGNS NW LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INTELLECTUAL PROPERTY INFRINGEMENT.  DYNAMIC DESIGNS NW LLC, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES.  YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE.  FROM TIME TO TIME, DYNAMIC DESIGNS NW LLC MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE SITE OR THE ENTIRE SITE FOR ANY REASON.  DYNAMIC DESIGNS NW LLC WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

  1. Third Party Content

This Site may include content provided by third parties.  All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials.  Those materials do not necessarily reflect the opinion of Dynamic Designs NW LLC.  Dynamic Designs NW LLC is not responsible for the content or accuracy of any materials provided by any third parties.

  1. Links to Other Web Sites

Dynamic Designs NW LLC provides links to external web sites for the convenience of Site users.  The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind.  Dynamic Designs NW LLC does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them.  If you decide to access the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites; provided; however, that Dynamic Designs NW LLC’s terms regarding social media, below in Section 8, also govern your use and access of the Dynamic Designs NW LLC social media pages.

  1. Social Media

The Dynamic Designs NW LLC Facebook page, Instagram account, Twitter account, and other social media channels that may be utilized by Dynamic Designs NW LLC (collectively, “social media channels”) are platforms for the Dynamic Designs NW LLC community to connect with one another and the Dynamic Designs NW LLC team.  Your Use of Dynamic Designs NW LLC social media channels is subject to these Terms of Use, to the extent permitted by the social media platforms, Dynamic Designs NW LLC’s Privacy Notice (https://DynamicDesignsNW.com/privacy-policy/), and the terms of use and policies of the social media platform from which you accessed these Terms of Use.

Dynamic Designs NW LLC reserves all rights relating to its social media channels, including but not limited to: (1) adding, removing, or editing content, (2) blocking or suspending users who fail to follow these Terms of Use, and (3) terminating any of our social media channels in our sole discretion.  Discussion in connection with medical or health topics should not be construed as medical advice, and no reliance should be placed on this information.  Dynamic Designs NW LLC does not warrant that the information on its social media channels is accurate, complete, or current.

Dynamic Designs NW LLC does not create, control, support, or endorse any opinions or statements expressed by those other than Dynamic Designs NW LLC on its social media channels, and it will not be responsible for any such content uploaded.  Further, if Dynamic Designs NW LLC follows another user’s account, “likes” another page, re-tweets, “favorites,” shares, or otherwise re-posts another user’s content, such conduct does not constitute an endorsement.

Any content submitted by users of Dynamic Designs NW LLC’s social media channels is considered non-confidential and non-proprietary and will not place any obligations on Dynamic Designs NW LLC as a result.  By providing any contribution to the social media channels, you grant Dynamic Designs NW LLC, its affiliates, and its service providers, and each of their and our licensees, successors, and assigns the irrevocable, royalty-free right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose.  You represent that by submitting content you are not violating the rights of any third-party, including, but not limited to, copyright or trademark rights.

You represent and warrant that:

  • You own or control all rights in and to the content submitted and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
  • All of your content does and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any content you submit or contribute, and you, not Dynamic Designs NW LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Dynamic Designs NW LLC is not responsible or liable to you or to any third party for the content or accuracy of any content posted by you or any other user of our social media platforms.

If you have concerns, complaints, or suggestions about your experience with Dynamic Designs NW LLC products, our trained representatives, not our social media channels, are the best individuals to assist you.  Our team can be contacted at info@DynamicDesignsNW.com.

  1. Indemnification

You agree to defend, indemnify and hold harmless Dynamic Designs NW LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your content, any use of the Site Content, and services and products other than as expressly authorized in these Terms of Use.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

No waiver by Dynamic Designs NW LLC of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition.  Any failure of Dynamic Designs NW LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Dynamic Designs NW LLC with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

  1. Applicable Law

The laws of the State of Oregon will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.  Venue for enforcement of arbitration awards will be in the state and federal courts located in Multnomah County, Oregon.

  1. Binding Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect.  The decision of arbitration shall be final and conclusive upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.  The arbitration proceedings shall be held in Multnomah County, Oregon.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis.  Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

  1. Communications and Contact Information

Dynamic Designs NW LLC may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information.  If you no longer wish to receive communications from Dynamic Designs NW LLC, you can click on the “unsubscribe link” provided in such communications or contact us at the email included below.

For all other feedback, comments, requests for technical support and other communications relating to the Site, these Terms of Use and the Privacy Notice, please contact us at info@DynamicDesignsNW.com.

EFFECTIVE DATE: August 8, 2020