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Thank you for visiting cwdynamic.com (the “Website”). This Website is owned and operated by CWdynamic, an Illinois corporation (the “Company”, “we”, “us”, and “our”). These Terms of Use (the “Terms”) and our Privacy Policy (incorporated herein by this reference) govern your access to and use of the Website and its features.
By using the Website, you agree to these Terms and our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, DO NOT USE THE WEBSITE.
Use
You agree to access and use the Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all applicable laws, statutes, rules, and regulations. By accessing the Website, you agree you will not:
Restrict or inhibit any other user from using and enjoying the Website;
Post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind;
Input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any information or system accessible via the Website;
Post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
Alter, damage, or delete any content, other than content created by that user, or otherwise interfere with the ability of other users to access the Website; or
Otherwise disrupt the normal operations of the Website.
Content
You agree that your use of the Website may result in interaction with other users, and you acknowledge that the Company does not control the messages, comments, information, or files posted by other users. Accordingly, we are not responsible for such content. Notwithstanding the foregoing, we reserve the right to prohibit conduct, communication, or content, or to edit, refuse to post, or remove any content, in whole or in part, at any time and for any reason.
Third Party Links
We may provide external links to other third-party websites for your convenience or information. We have no control over the content of these sites and make no representations or warranties about the terms of use, privacy practices, or accuracy of information on such sites. By providing external links, we do not endorse or adopt any information, articles, products, services, or other materials appearing on or provided by the linked site. We recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Intellectual Property and Feedback
Any and all intellectual property rights associated with the Website and its contents including, without limitation, text, graphics, designs, images, software, photographs, trademarks, logos, and videos (collectively, the “Intellectual Property”) are the sole property of the Company, its affiliates or third-party licensors. The Intellectual Property is protected by copyright and other laws in both the United States and other countries. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of the Company, its affiliates or other entities that have granted the Company the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of the Company. You are not permitted to copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without our or the appropriate third party’s prior written permission. Except as expressly provided herein, we do not grant to you any express or implied rights to our or any third party’s Intellectual Property.
You assign to the Company all rights, title and interest in any feedback, innovations or suggestions sent by you to the Company regarding the attributes, performance or features of the Website (“Feedback”). If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, and modify the Feedback without restriction.
User Accounts
You may be required to create a user account to utilize certain portions of the Website. If you are under the age of 18, we require that you inform your parent or guardian and have their consent to create a user account.
You are solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the Website and/or your user account. If you elect to set up a user account on the Website, you are responsible for taking all reasonable steps to ensure that no unauthorized person obtains access to your account or password and you agree not to share your user account credentials with any unauthorized users. You agree to bear all responsibility for the confidentiality of your password and all use of the Website with your user account. You agree not to engage in any misrepresentation, including impersonation, with respect to your role, responsibilities, or identity when creating a user account and accessing the Website.
Tracking
The Website may include technology enabling us to track the location of your device. By accepting these Terms, you consent to the use of this location tracking technology. In addition, you acknowledge that when you access or use the Website, we may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Website, including the location of your mobile device. All information we collect through or in connection with the Website, including through the “Contact” form, information you submit to any of our forums, or by signing up for a user account, is subject to our Privacy Policy and these Terms. By accepting these Terms, you consent to the use of this information, subject to our compliance with these Terms and our Privacy Policy.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST PROFITS, LOST GOODWILL, COST OF COVER OR OTHER SPECIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR FROM THE USE OF ANY CONTENT ON THE WEBSITE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY AND REMEDIES PROVIDED HEREIN. THIS DISCLAIMER SHALL APPLY WHETHER OR NOT WE HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE.
You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and neither the information nor the Website would be provided to you absent such limitations of liability.
Disclaimer
The Website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of all of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, and to the fullest extent permitted by law, neither the Company nor any Company affiliates or providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time-bombs or other harmful components.
Miscellaneous
The courts of the State of Illinois in the United States of America will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant state or country. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Illinois. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms of Use
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website.
Contact Us
If you have any questions about these Terms of Use, please contact us:
By email: [email protected]
By mail: CWdynamic, 11 Douglas Ave. Suite 266, Elgin, IL 60120
