PPCDynamite Terms of Use
THE TERMS AND CONDITIONS
SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON
THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN
YOU AND PPCDYNAMITE ("WE" or "US") AND GOVERN YOUR ACCESS TO,
AND USE OF THE PPCDYNAMITE WEBSITE LOCATED AT
WWW.PPCDYNAMITE.COM (THE "SITE") AND THE SERVICES PROVIDED ON
THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT
ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY
INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE
AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR
AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
PPCDYNAMITE MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS
SITE, AT ANY TIME WITHOUT NOTICE, AND CAN CHANGE THESE TERMS
AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON
THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES
HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN
IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD
CHECK THE TERMS OF USE POSTED ON THE SITE PERIODICALLY FOR
UPDATES AND CHANGES.
General Use
Restrictions.
PPCDYNAMITE provides
content and other services through the Site. All information,
documents, products and services provided on and through the
Site, including content, trademarks, logos, graphics and
images (together, the "Materials") are provided to you by
PPCDYNAMITE and are the copyrighted work of PPCDYNAMITE or
PPCDYNAMITE`s licensors or contributors.
PPCDYNAMITE
grants you a limited, personal, non-exclusive and
non-transferable license to use the the services and the Site
solely for your personal use or internal business use. You
agree that you will only use this Site and the services for
lawful uses. You acknowledge and agree that you have no right
to modify, edit, copy, reproduce, create derivative works of,
alter, enhance or in any way exploit any of the Materials in
any manner. This limited license terminates automatically,
without notice to you, if you breach any of these Terms. Upon
termination of this limited license, you agree to immediately
destroy any downloaded or printed Materials. Except as stated
herein, you acknowledge that you have no right, title or
interest in or to the Site or any Materials on any legal
basis.
You are prohibited from
taking any action to circumvent or attempt to circumvent the
security and access control provisions of the Site and the
Services. Such prohibited conduct includes, without
limitation, any efforts to (a) test the security measures on
the Site and/or attempt to identify system vulnerabilities,
(b) impersonate any other user of the Site and/or the Services
or forge any of the header information in any posting or
tamper with the TCP/IP packet header, (c) modify, reverse
engineer, disassemble, decompile or otherwise attempt or allow
others to attempt to discover the underlying computer code for
the Site and/or the Services, or (d) overwhelm or disable the
Site or the Services or interfere with the access and use of
the Site and/or the Services by any other user. If
PPCDYNAMITE
becomes aware of any of the foregoing activities,
PPCDYNAMITE may
investigate and may respond, and when appropriate, may work
with law enforcement authorities in such investigations and
for the purpose of prosecuting offenders. Your continued use
of the Site and the Services is expressly conditioned on your
compliance with the preceding prohibitions and with the
obligations and restrictions. Without limiting the generality
of foregoing, you acknowledge that
PPCDYNAMITE
expressly prohibits and you agree not to:
-
Use the Services
and/or the Site to violate any applicable law or regulation,
including, without limitation, the infringement of any
copyright, trademark, trade secret or other intellectual
property right of others, or violate the privacy or
publicity rights of any other person.
-
Harass, stalk, or
otherwise subject any other user of the Site and/or Services
to unwanted and/or inappropriate contact.
-
Take any action that
imposes an unreasonable or disproportionately large burden
on Site's infrastructure.
-
Frame or link to the
Site of any of the content or information available from the
Site unless
PPCDYNAMITE
expressly consents to such linking and/or framing.
-
Intentionally expose
the Site and/or Service to any computer virus or any other
program or code intended to disrupt or disable to operations
of the Site and/or Service.
-
Use any robot, spider
or other program or device to retrieve or index any portion
of the
PPCDYNAMITE;
-
Harvest or otherwise
collect information about other users for any purpose other
than use of the Site and/or Services as expressly permitted
herein.
The foregoing list of
prohibitions is illustrative and is not intended to be
complete or exclusive.
PPCDYNAMITE
reserves the right to terminate our relationship with you
under these Terms and prohibit your access to the Site and/or
Services.
Payment and
Refunds.
You will pay all fees or
charges to your account based on
PPCDYNAMITE's
fees, charges, and billing terms in effect as shown on the
payment page. If you are unsatisfied with the Services for any
reason and notify us during applicable refund period,
PPCDYNAMITE will
provide you with a refund in accordance with our Money Back
Guarantee.
After that, you will not be able to further
use the software.
This Site may be linked
to other sites that are not
after that you will not be able to further
use the software. Sites.
after that you will not be able to further
use the software. is providing these
links to you only as a convenience, and
after that you will not be able to further
use the software. is not responsible
for the content or links displayed on such sites.
Unauthorized
Activities.
Unauthorized use of any
Materials or Third Party Content contained on this Site may
violate certain laws and regulations. You shall indemnify and
hold PPCDYNAMITE and its officers, directors, employees,
affiliates, agents, licensors, and business partners harmless
from and against any and all costs, damages, liabilities, and
expenses (including attorneys' fees)
PPCDYNAMITE or
any other indemnified party suffers in relation to, arising
from, or for the purpose of avoiding, any claim or demand from
a third party that your use of the Site or the use of the Site
by any person using your user name and/or password violates
any applicable law or regulation, or the rights of any third
party.
Copyright
Notice.
All information and
screens appearing on this Site including documents, services,
site design, text, graphics, logos, images and icons, as well
as the selection and arrangement thereof, are the sole
property of
PPCDYNAMITE,
unless otherwise specified. All rights not expressly granted
herein are reserved. Except as otherwise required by
applicable law, any reproduction, distribution, modification,
retransmission, or publication of any copyrighted material is
strictly prohibited without the express written consent of the
copyright owner.
Disclaimer of
Warranties.
YOUR USE OF THIS SITE,
THE MATERIALS AND/OR THE SERVICES IS AT YOUR OWN RISK AND YOU
ASSUME ALL RISKS OF USING THIS SITE, THE MATERIALS AND/OR THE
SERVICES.
PPCDYNAMITE DOES
NOT GUARANTEE THAT YOU WILL ACHIEVE ANY ECONOMIC RETURN OR
BENEFIT FROM THE USE OF THE MATERIALS.
PPCDYNAMITE, FOR
ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR
STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN
CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS OR
THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION
OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT
LIMITATION, THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS
OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SITE, THE SERVICES, THE MATERIALS,
THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED
ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”
AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND AND
PPCDYNAMITE
DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS.
Limitation of
Liability.
PPCDYNAMITE
AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES
RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY
MATERIAL ON THE SITE OR RELIANCE ON THE INFORMATION AND/OR
MATERIAL PRESENTED ON THE SITE SHALL NOT EXCEED FIFTY DOLLARS
($50.00). IN NO EVENT SHALL
PPCDYNAMITE BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING,
EVEN IF
PPCDYNAMITE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
General.
If you violate these
Terms,
PPCDYNAMITE may
terminate your access to the Site or Services without notice.
PPCDYNAMITE
prefers to advise you of your inappropriate behaviour and
recommend any necessary corrective action. However, certain
violations of these Terms, as determined by
PPCDYNAMITE, will
result in immediate termination of your access to the Site or
Restricted Areas.
PPCDYNAMITE has
the right to terminate your account for any reason. New Jersey
law and controlling U.S. federal law, without regard to the
choice or conflicts of law provisions, will govern these
Terms. Any disputes relating to these Terms or the Site will
be heard in the courts located in New Jersey. If any of these
Terms is found to be inconsistent with applicable to law, then
such term shall be interpreted to reflect the intentions of
the parties, and no other terms will be modified.
PPCDYNAMITE'
failure to enforce any of these Terms is not a waiver of such
term. The Terms are the entire agreement between you and
PPCDYNAMITE and
supersede all prior or contemporaneous agreements and
understandings between you and
PPCDYNAMITE with
respect to the subject matter hereof. These Terms may not be
modified except pursuant to a written amendment that is
executed by an officer of
PPCDYNAMITE.
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