Terms of Use

Thank you for visiting Dyna-Power Engineers. The Dyna-Power website (the “Site”) is comprised of various web pages operated by Dyna-Power Engineers, Inc. is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such terms.

Visiting the Site or sending emails to the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dyna-Power Engineers and Dyna-Power Engineers is not responsible for the contents of any Linked Site, including without limitation any link contain in a Linked Site, or any changes or updates to a Linked Site.

You are granted a non-exclusive, non-transferable, revocable license to access and use Dyna-Power.com strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Dyna-Power Engineers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dyna-Power Engineers or its suppliers and protected by copyright and other laws that protect the intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Dyna-Power.com content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dyna-Power Engineers and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Dyna-Power Engineers or our licensors excepts as expressly authorized by these Terms.

This Site may contain bulletin board services, chat areas, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use Communication Services only to post, send and receive messages. You agree that when using Communication Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all the necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage or infringe the operation of another’s computer; advertise or offer to buy or sell any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;  falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin of source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Service; violate any code of conduct or guidelines which may be applicable for any Communications Service; harvest or otherwise collect information about others, including email addresses; violate any applicable laws or regulations.

Dyna-Power Engineers, Inc. has no obligation to monitor the Communications Services. However, Dyna-Power Engineers reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  Dyna-Power Engineers reserves the right to terminate your access to any or all Communication Services at any time without notice for any reason whatsoever.

Dyna-Power Engineers reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material in whole or in part.

Dyna-Power does not claim ownership to materials provided to Dyna-Power Engineers or posted on any dyna-power.com web page (including feedback and suggestions) or post, upload, input or submit to Dyna-Power Engineer Site or our associated services (collectively “Submissions”). However by posting, uploading, inputting, providing or submitting your Submission, you are granting Dyna-Power Engineers, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including , without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.  Dyna-Power Engineers, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all rights necessary for you to post, upload, input, or submit the Submissions.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR INFORMATION HEREIN. DYNA-POWER ENGINEERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DYNA-POWER ENGINEERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  DYNA-POWER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DYNA-POWER ENGINEERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES.  THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DYNA-POWER ENGINEERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES/JURISDISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Dyna-Power Engineers reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dyna-Power Engineers as a result of this agreement or use of the Site.  Dyna-Power Engineer’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dyna-Power Engineer’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dyna-Power Engineers with respect to such use.  If any part of this agreement is determined  to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dyna-Power Engineers with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dyna-Power Engineers with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this agreement and all related documents be written in English.

Dyna-Power Engineers reserves the right, in its sole discretion, to change the Terms under which Dyna-power.com is offered.  The most current version of the Terms will supersede all previous versions.