Last modified: September 16, 2021
All Materials are provided "as-is" and "as-available," and Dynaboard (its licensors, and its suppliers) expressly disclaim any and all warranties AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. The Materials may contain errors or other problems. Your use of the Website and use or reliance upon any of the Materials on the Website is solely at your own risk. In no event will Dynaboard, its affiliates, agents, licensors or suppliers be liable to you or anyone else for any decision made or action taken by you in reliance on such Materials or the Website. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, correctness, completeness, suitability or applicability of any information or other Materials to a particular situation.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You hereby release and forever discharge the Dynaboard (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Restrictions on Use
You are permitted to view, download and print individual pages of the Website for personal and non-commercial purposes only. Your use of the Website must not alter the original content of the Website.
You may not reverse engineer, decompile, or disassemble any Dynaboard Website, software, technology or service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or is permitted by the terms of any "open source" license that governs the use of the software.
All trademarks, service marks, trade names, logos, graphics, articles and other Materials, are protected by United States and foreign copyright, trademark and other applicable laws. All trademarks, service marks, trade names, and logos displayed on the Website are proprietary to Dynaboard or its affiliates or the respective third-party owner.
Except for the limited rights expressly granted above, nothing herein or contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials without the written permission of Dynaboard or such other third-party that may own the trademark displayed on the Website.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DYNABOARD OR ITS AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF DYNABOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification; Hold Harmless
You agree to indemnify and hold Dynaboard, and affiliates, agents, licensors and suppliers, harmless from any claims, losses, costs, damages, liabilities and expenses, including attorney's fees, arising out of your use or misuse of the Website, violation of these Terms, or violations of applicable laws or regulations. Dynaboard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with its defense of these claims. You agree not to settle any matter without the prior written consent of Dynaboard. Dynaboard will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Modification of the Terms
Dynaboard reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. When we do, we will also revise the "effective date" on the Terms. Please check these Terms periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
The Website is operated and controlled by the Dynaboard in the United States. If it is illegal or prohibited in your country of origin to access or use the Website, then you should not do so. Those who choose to access this Website outside the United States access it on their own initiative and are responsible for compliance with all local laws and regulations.
Password Protected Areas
Access to certain portions of the Website may be password protected. Passwords should be kept strictly confidential and should not be shared with any other persons. Dynaboard reserves the right to terminate at any time any user's access to password protected portions of this Website.
These Terms, and any disputes relating to these Terms or your use of the Website or Materials, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Any disputes relating to the above shall be resolved solely in the state or federal courts located in San Francisco County, California.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without consent, but may be assigned by Dynaboard to an affiliate or successor without restriction. These Terms are binding on your successors and permitted assigns.
Any questions, concerns or complaints regarding these Terms should be sent to firstname.lastname@example.org or mailed to Dynaboard, 548 Market Street, Unit 58073, San Francisco, CA 94104 to the attention of Dynaboard Website TOU.