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Terms and Conditions

TERMS OF USE

The following terms of use (“Terms” or “Agreement”) govern your use of www.dynamogirl.com (the “Website”).  By accessing, viewing, or using the content, material, or services available on or through this Website, you, the user (“You” or “Your” or “User”) indicate that You have read and understand these Terms, that you agree to them and intend to be legally bound by them.  

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS FOR USE OF THIS SITE.  THE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST USE OF THE SITE. IF YOU DO NOT AGREE WITH AND WILL ABIDE BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. 

1. Informational Purposes Only. The information on this Website is for informational purposes only. Without limiting anything else in these Terms or otherwise, DYNAMO GIRL LLC (“DYNAMO”) is not responsible for any errors or omissions in the Website or Materials.  Certain products may be purchased on the Website.  Customer hereby acknowledges all conditions of purchase, shipping and returns.   DYNAMO attempts to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up-to-date veracity of any information on this Website. We may make changes about product availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

2. Proprietary Rights. The material included herein, including the Website design, text, graphics, and the selection and arrangement thereof are copyrighted © by DYNAMO. ALL RIGHTS RESERVED. DYNAMO GIRL™ and “I am a girl and I believe that my body is strong, my mind is bright and my heart is true™” other trademarks and all page headers, custom graphics, and custom icons are service marks and trademarks of DYNAMO, and or its affiliates. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. The Website and all materials on the Website, including, but not limited to, images, illustrations, posts, audio clips and video clips (the "Materials") are the property of DYNAMO and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by DYNAMO or its affiliates and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Website (or any other website owned or operated by DYNAMO or its subsidiaries or affiliates) without DYNAMO’s prior written permission. However, you may print, in hard copy portions of the Website, with the sole intent of placing an order with DYNAMO, reviewing the programs, User Content or for educational purposes. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without DYNAMO’s prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of DYNAMO or third parties.

3. Unauthorized Activities.  Any user who violates these Terms and conditions may be suspended from using this Website, or may be permanently banned from further use.  You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Website or for modifying another Website so as to falsely imply that it is associated with DYNAMO; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Website who has requested not to be contacted; or (e) attempting to gain unauthorized access to DYNAMO’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website.

4. Materials Submitted to the Website. The Website may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Website (“User Content”). Upon your submission of User Content or other material or information to DYNAMO, you grant DYNAMO a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. By submitting User Content, you hereby waive any rights to claim a violation of your intellectual property rights.  All submissions of User Content shall become the sole and exclusive property of DYNAMO.  DYNAMO reserves the right to restrict the submission of User Content and remove any content it deems, in its sole discretion, inappropriate or contrary to DYNAMO’s Website intent, image or other reason.  The Website may create chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.  Any information submitted by you on the Website shall be deemed User Content. DYNAMO expressly disclaims any liability that may arise from the provision of any information whatsoever to or in these forums and any User Content therein. You, the User, do hereby agree to hold DYNAMO harmless regarding any liability that may arise from the provision of any information to these forums. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that DYNAMO may have at law or in equity, if DYNAMO reasonably determines that you have violated or are likely to violate the foregoing prohibitions, DYNAMO may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. DYNAMO will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing DYNAMO or its affiliates to disclose the identity of anyone posting such materials.

5. Third Party Websites and Content. DYNAMO does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party Websites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. DYNAMO does not endorse any product, service, or treatment provided on a third party website or advertised on the Website.  

6. Privacy Statement.  DYNAMO may use your IP address to help diagnose problems with our server, and to administer our web site. Your IP address is used to gather broad demographic information. DYNAMO may use cookies for other purposes as set forth below. DYNAMO’a Website registration form requires users to give us contact information (such as names and email addresses), unique identifiers (such as a user name and password), and financial information (like account or credit card numbers). DYNAMO may use customer contact information from the registration form to send the user information about our company. The customer’s contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Financial information that is collected is used to bill the user for products and services. Unique identifiers are collected to verify the user’s identity and for use as account numbers in our record system.

7. Links and Information. This Website may contain links to other websites. DYNAMO is not responsible for the privacy practices or the content of such websites and disclaims any liability for any damages that may result from the use of such sites. From time to time, users have the opportunity to participate in special programs and will be able to opt in to programs that will transfer their information to other services. This will occur only with prior permission from the user. The Website uses an order form for customers to request information, products, and services. DYNAMO collects visitor’s unique identifiers and financial information (like their account or credit card numbers). Financial information that is collected is used to bill the User for products and services. Unique identifiers are collected from web site visitors to verify the User’s identity and for use as account numbers in our record system. DYNAMO expressly disclaims any liability that may arise from the provision of any information whatsoever to this site. You, the user, do hereby agree to hold DYNAMO harmless regarding any liability that may arise from the provision of any information on this site or gained through this site. By using this site, you also represent and warrant that you have read, understood and agree to the terms stated in the Agreement which is incorporated herein by reference. Pursuant to the Agreement, you agree that all information provided to DYNAMO, shall become the property of DYNAMO, subject to any exclusions so stated herein.

8. USER ACCOUNTS: To access certain portions and pages of the Website, you may be asked to register with DYNAMO on the Website by providing certain personal information.  DYNAMO WILL NOT REQUEST YOUR SOCIAL SECURITY NUMBER. You will be given a unique login account name and password for your use on the Website, which will permit you to register for classes, pay for classes and purchase certain products.   You must immediately notify DYNAMO if you become aware of any loss, theft, or unauthorized use of the username and password. DYNAMO reserves the right to delete or change either or both of the username or password of any registered user at any time and for any reason. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. DYNAMO reserves the right to view, monitor, and record activity on the Website without notice or further permission from Users, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Website. DYNAMO will comply with all court orders involving requests for such information.

9. Security.     The Website has security measures in place to protect the loss, misuse and alteration of the information under our control. This includes a customer record manager and other technical systems. DYNAMO is not responsible, however, for any loss or misuse of any information you may submit to this site. You do hereby agree to hold DYNAMO harmless regarding any damages that may result from the use of this site. The submission of information to this site is done solely at the user’s own risk.

10.       Supplementary Information:

A.        Choice/Opt-Out. The Website provides users the opportunity to opt-out of receiving communications from us and our partners. (Please see below for further details). This site gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service. Simply email us at Info@dynamogirl.com.

B.        Cookies, and DYNAMO’s Use Thereof. DYNAMO may, in its sole discretion, collect anonymous information through cookies. A cookie is a small piece of data containing a unique identification number that is sent to your browser from a web server, and is stored on your computer’s hard drive. The unique ID number identifies your browser to DYNAMO’s computers whenever you visit. Cookies do not enable anyone to access personally identifiable information that you have not already given us.  DYNAMO relies on cookies to preserve the DYNAMO identity you have created while logged on. If you choose to not accept cookies, you may not be able to participate as a registered, signed-in member. By using this Website, You agree to be bound by the Terms contained herein in full.

C.        DYNAMO’s use of member information.  DYNAMO may analyze information provided directly by You, or obtained through cookies or third parties to direct services and content based on Your interests. DYNAMO reserves the right to collect market research data in order to generate sales to corporate clients.


                D.    Information logged by DYNAMO. When you surf the Internet, your browser automatically transmits information to the sites you visit throughout every visit. We collect this information to help improve our services and moderate the site. All the information that is automatically submitted by your browser is considered anonymous. DYNAMO also logs information you submit through registration, forms for optional programs, surveys and other entries, cookie data and communications transmitted through DYNAMO applications. Only authorized DYNAMO staff has access to your information in its entirety.

E.        What is DYNAMO’s information retention policy? To preserve the integrity of our databases, standard procedure calls for us to retain information submitted by members for an indefinite length of time. DYNAMO understands your submissions as consent to store all your information in one place for this indefinite length of time, if we so wish. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), we will nullify member information by erasing it from our database. We will also respond to written member requests to nullify account information. If you wish to make such a request, which requires that we verify your identity, or if you have any questions regarding this policy, contact DYNAMO at Info@dynamogirl.com.  Also, by using this Website, you do hereby represent and warrant that you understand and agree that all information submitted by you to DYNAMO becomes the property of DYNAMO and may be used at the sole discretion of DYNAMO in accordance with this Privacy Policy and the User Agreement.

F.         DYNAMO security of collected information. Your DYNAMO Profile is password-protected so that only you and authorized DYNAMO employees have access to your account information. In order to maintain this protection, do not give your password to anyone. If someone who says they are DYNAMO staff asks for any personal account information, including your password, contact Info@dynamogirl.com to confirm this is a legitimate inquiry, as it is highly unlikely after the initial sign-up period that we would contact you for additional information. In addition, if you share a computer, you should sign out of your DYNAMO account and close the browser window before someone else logs on. This will protect your information on public terminals. DYNAMO takes every effort to ensure that your information is secure on its system. Extremely sensitive information, like credit card numbers, are always transmitted in encrypted form. Only authorized DYNAMO employees can access this information (and only if it is relevant to their job duties). DYNAMO has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing web security and making sure that every DYNAMO employee is aware of our security practices. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, DYNAMO cannot guarantee the security of any information you transmit to us, and you do so at your own risk. If you have any further questions on this issue, refer to the terms of the User Agreement. DYNAMO expressly disclaims any liability that may arise should any other individuals obtain the information you submit to this site.

G.        With whom does DYNAMO share information? When you submit information to DYNAMO, it is generally collected, processed and maintained solely by us. Sometimes we may allow partner companies to collect information about members from us or directly from you (through their web site). DYNAMO reserves the right to disclose user information from both private and public areas of the site at our discretion to anyone or no one at all, if required by law, or if given reason to believe, at our sole discretion, that someone is causing injury to or interference with the rights of DYNAMO members or the general public, or with DYNAMO’s rights of property. Please be advised, however, that all information submitted by you to DYNAMO becomes the property of DYNAMO. By submitting this information, you do hereby agree to allow DYNAMO to use such information at its sole discretion pursuant to the terms of the User Agreement.  Specifically, we may also share certain information about you with those of our vendors who are responsible for handling your account or performing other necessary services that you require. Although we may share sensitive financial information (i.e., credit card numbers, banking information), security information (e.g., account passwords) and personal communications (e.g., personal e-mail messages or message board postings) with such vendors where necessary and appropriate, we will not share such information with other third parties, except in response to formal requests (e.g., subpoena or court order) made in connection with litigation or arbitration proceedings directly relating to the services we provide.

H.        DYNAMO’s opt-in/out policy.  During registration you may agree to receive correspondence from either DYNAMO or its partners. If you purchase anything through DYNAMO, we may occasionally contact you with information about special events, sales, and activities. You always have the option to ask DYNAMO not to contact you with this information again. If you receive unsolicited email from, or apparently from, the DYNAMO domain, please contact us at Info@dynamogirl.com.

I.          How can DYNAMO members edit their information?
DYNAMO believes in giving you the ability to access and edit your personal information. You user account can be edited and updated by accessing the “account” section of the Website. There you can view, update and correct your account information. You may edit your profile at any time — all you need is your user name and password. Any changes/requests for further information should be directed to Info@dynamogirl.com.  So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter. For example, since children under 18 are not allowed to register as DYNAMO members, we need to take reasonable measures to preserve the accuracy of our members’ ages. Our databases automatically update any personal information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remain in our databases and become the property of DYNAMO upon submission. Keep this in mind if you decide to communicate personal information through any of these applications.

J.         DYNAMO and the protection of children’s privacy
DYNAMO is intended for people 18 or over. Our registration process is intentionally designed to identify children under 18 years of age without parental or guardian consent.


            K.        Note to parents: If your child is under 18 and has become a DYNAMO member using a false age, or without your consent, please notify us at Info@dynamogirl.com so that we can immediately close the account and nullify all personally identifiable information collected from them.

L.        Notification of Changes:  DYNAMO’s security and privacy policy are periodically reviewed and enhanced as necessary. This policy might change as DYNAMO updates and expands its services. DYNAMO will contact you via email and post notification if there are any material changes in its privacy practices. DYNAMO also encourages you to also check out the privacy policy periodically. By using the site, you do hereby represent and warrant that you have read, understood and agree to all the terms of this Privacy Policy and User Agreement. Each time you use the site, you agree to all the terms set forth by DYNAMO in both its Privacy Policy and User Agreement and any other policies published by DYNAMO on the site.   If you do not understand any of the terms or conditions of any of DYNAMO’s policies, you may inquire regarding the same via email at Info@dynamogirl.com.

11. Disclaimer. DYNAMO and its officers, directors, shareholders, employees, agents, assigns subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content, Material, links, advertisements or other items contained within the Website. DYNAMO reserves the right to immediately remove any User Content or Material for any reason or for no reason. DYNAMO cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion. THE WEBSITE, THE MATERIALS, USER CONENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. DYNAMO AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WEBSITE, THE MATERIALS, USER CONTENT, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.

12.       LIMITATIONS OF LIABILITY. NEITHER DYNAMO, NOR ANY AFFILIATE, ASSUMES ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEBSITE. IN NO EVENT WILL DYNAMO THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE (THE "DYNAMO PARTIES") BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

THIS WEBSITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE DYNAMO PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY MATERIALS OR USER CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

13. Indemnification. You shall indemnify DYNAMO and its members, shareholders managers, directors, officers, employees, agents, contractors and licensors (“DYNAMO Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Materials, User Content, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to DYNAMO), or any breach by you of these Terms and shall indemnify and hold DYNAMO Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or incurred in connection with such Claims.

14. Notice. For notice of any violation, breach or claim arising out of the use of this Website, please send to DYNAMO at Info@dynamogirl.com, a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

15Notice and Take Down Procedures. If you believe any Materials on the Website infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact DYNAMO and provide the following information: (i) A clear statement identifying the works, or other materials believed to be infringed; (ii) A statement from the copyright holder or authorized representative that the Materials are believed to be infringing; (iii) Sufficient information about the location of the allegedly infringing Materials so that DYNAMO can find and verify its existence; (iv) Your name, telephone number and e-mail address; (v) A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf; (vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

DYNAMO’s agent for claims of copyright infringement on the Website can be reached as follows: 

            Cabot J. Marks, Esq.

485 Madison Avenue, Suite 1300

New York, New York 10022
             (ref: Dynamo Copyright Infringement) 

 

 

 

16. Changes to these Terms. DYNAMO reserves the right at any time to modify, alter or update these Terms. Your use of the Website following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Website before the change was made. You should visit this page from time-to-time to review the then current Terms and Conditions as they are binding upon You. 

17.       Termination.  DYNAMO or You may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. However, You are personally responsible for any orders that you place or charges that you incur prior to termination. DYNAMO reserves the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms, for providing DYNAMO with untrue or inaccurate information about yourself, for infringement upon DYNAMO’s proprietary rights, or for any other reason whatsoever or for no reason.

18. Governing Law and Jurisdiction. By accessing this Website, you agree, and supersede any and all prior agreements, express and implied between you and DYNAMO, that you consent to the express jurisdiction of the Courts of the State of New York, County of New York.  The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties under this Agreement shall be governed by the internal laws of the State of New York, without regard to conflicts of law rules.  The parties hereto agree that the state and federal courts sitting in the State of New York and County of New York shall be the proper forums for any legal controversy arising out of or in connection with this Agreement, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts for such purposes and to venue therein.  

19.       WAIVER OF JURY TRIAL.         EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

 

 

20. Miscellaneous. The Website is not intended for children under the age of 18. The Website is controlled and operated from within the United States. Without limiting anything else, DYNAMO makes no representation that the Website, Website Materials, User Materials, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of DYNAMO to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” The invalidity or unenforceability of any provision or provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision(s) of the Terms and Conditions, which shall remain in full force and effect.