Terms of Service for www.dynamoappraiser.com
This agreement was last modified on July 28, 2016.
This Terms of Service (Agreement) is a legal agreement between you (either an individual or a single entity) and the Author (Perfectly Normal Software LLC) of the Website (www.dynamoappraiser.com). The Website is designed to support and assist with the user support, management, and licensing of the Software Product (Dynamo MC).
By using or accessing the Website in any way, viewing, or browsing the Website, or by adding your own content to the Website, you are agreeing to be bound by these Terms of Service.
INTELLECTUAL PROPERTY
The Website and all of its original content are the sole property of the Author and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
TERMINATION
The Author reserves the right to terminate your access to the Website, without any advance notice.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not attempt to purposefully burden or gain unauthorized access to the Website in any way. You may not attempt to gain access to subscription features in Dynamo MC by obtaining credentials from another user or by otherwise hacking the Software Product.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites and online resources that are not owned or controlled by the author.
The author has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party websites and/or services. We advise you to read the entire terms and conditions and privacy policy of any website that you visit as a result of following a link that is posted on our Website.
CHANGES TO THIS AGREEMENT
The author reserves the right to modify these Terms of Service at any time. Your decision to continue to visit and make use of the Website after such changes have been made constitutes your formal acceptance of any new Terms of Service.
Updated terms can be found on the Website at https://www.dynamoappraiser.com/legal/tos.txt.
A link to the current Terms of Service will be available at https://www.dynamoappraiser.com/my-account.
We ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you discontinue using the Website immediately.
DATA COLLECTION AND USE
You hereby agree that the Author, its parent, subsidiaries, affiliates, and their respective successors and assigns, may collect, share, and use any information you provide while using the Website to provide support, marketing, or technical services.
You agree to receive emails from us for purposes related to account security, management, and billing, should you sign up for an account or subscription.
SUBSCRIPTION
Creating a user account on the Website is free.
The Software Product has export functionality which requires licensing to be unlocked. This Software Product can be licensed through one of the following methods:
1) Through the a la mode TOTAL Store
2) Through an authorized third party vendor using the Dynamo API
3) Through an active subscription on www.dynamoappraiser.com
Free trials will be available through trial subscriptions or free uses in all of the above licensing methods. After any free trials have expired, the Software Product will require a payment arrangement in order to export results. This will be available through either a subscription or pay-per-use basis. All subscription plans are to be used by a single individual.
REFUND POLICY
The Software Product is intended to be fully evaluated prior to purchase. Since all licensing methods have free trials available, this software product has a no refund policy. However, a refund may be provided at the discretion of the author, a la mode's TOTAL store, and/or authorized third party vendors using the Dynamo API in keeping with their individual refund policies.
LIMITED WARRANTY
NO WARRANTIES
The Author expressly disclaims any warranty for the Website. The Website and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Website remains with you.
NO LIABILITY FOR DAMAGES
In no event shall the author be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Website or Software Product, or any results derived from this Software Product, even if the Author is aware of the possibility of such damages and known defects.
IDENMIFICATION
You agree to defend the Author, its parent, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the Indemnified Parties) against any and all claims, demands and/or actions and indemnify and hold the Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys fees), resulting from any breach or violation of this Agreement, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this Agreement. We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
GENERAL CLAUSES
No failure or omission to carry out or observe any term of this Agreement will give rise to a claim by you against the Author or result in a breach of this Agreement by the Author if such failure or omission arises by reason of delay or inability to perform caused by technology failure, communications failure, war, whether declared or not, civil rebellion, strike, fire, storm or other severe action of the elements, accident, government or statutory restriction or from other similar causes which are unavoidable or beyond the reasonable control of the Author.
A provision of or a right created under this Agreement may not be waived or varied except in writing signed by the party or parties to be bound by the waiver or variation. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
GOVERNING LAW AND JURISDICTION
This Agreement will be construed in accordance with and will be governed by the laws in force in the State of Wisconsin, United States of America. You irrevocably submit to and accept the exclusive jurisdiction of the Courts of the State of Wisconsin, United States of America.
CONTACT US
If you have any questions about this Agreement, please contact us at info@dynamoappraiser.com.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.