Acceptance of Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. DynaFlow Technologies, LLC ("DynaFlow") welcomes you. DynaFlow provides its service to you subject to this Terms of Use Agreement ("Terms of Use"). The DynaFlow Privacy Policy also forms part of these terms. DynaFlow reserves the right to update the Terms of Use at any time without notice to you. You can review the most current version of the Terms of Use by clicking on the "Terms of Use" link located at the bottom of our web pages.

Description of Services

DynaFlow, through its web property "www.dynaflow.com" (the "DynaFlow Website"), provides you with a variety of resources, including, without limitation, corporate information, news and information about DynaFlow, account and customer information, the ability to communicate electronically with DynaFlow, and access to products available on or through the DynaFlow Website (the "Services").

Changes to Terms and Conditions

DynaFlow may, from time-to-time, and at its sole discretion, modify these Terms of Use. DynaFlow reserves the right to impose charges for any features or services. The modified Terms of Use will be effective immediately upon posting. You agree to the new posted Terms of Use by continuing your use of the DynaFlow Website. You agree to review the Terms of Use periodically and your continued use of the DynaFlow Website following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the DynaFlow Website.

Privacy Policy

See the DynaFlow Privacy Policy on this website for information regarding the collection and use of your personal information and regarding any non-personal communication you post or transmit to DynaFlow. You consent to DynaFlow using such information and materials collected by the DynaFlow Website under the terms of the DynaFlow Privacy Policy.

Intellectual Property

All materials displayed on, or contained within, the DynaFlow Website, including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (collectively, the "Materials"), are the property of DynaFlow or its licensors and are protected by copyright, trademark and all other applicable intellectual property laws. The DynaFlow name, designs and related marks contained within the Materials are trademarks of DynaFlow. You acknowledge and agree that the DynaFlow Website and the Materials are the property of DynaFlow and its respective service providers or licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights or other intellectual property on the DynaFlow Website or in the Materials. The DynaFlow Website and the Materials are protected by copyright, both individually and as a collective work or compilation, by trademark and patent laws, and by other applicable laws.

DynaFlow hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of the DynaFlow Website) only for noncommercial and personal use and only in accordance with these Terms of Use. Any copies that you make of the Materials must retain all copyright and other notices. Use of the Materials, as set forth below, is only permitted with the express prior written consent of DynaFlow and/or its licensors. Except as expressly provided for in these Terms of Use, without DynaFlow's prior written consent, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any content on the DynaFlow Website, including, but not limited to, any Materials, to any third party; (ii) participate in the transfer or sale of any content on the DynaFlow Website, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the DynaFlow Website, including, but not limited to, the Materials. You are not permitted to use any of the trademarks of DynaFlow, or its respective licensors or service providers displayed on the DynaFlow Website, without the prior written consent of DynaFlow or the third party that owns the trademark. No portion of the content on the DynaFlow Website may be stored in a computer except for personal and non-commercial use.

Your Obligations

You may use the DynaFlow Website's features, offerings and content for lawful purposes only. By using the DynaFlow Website, you represent and warrant that: (i) you have the power and authority to accept these Terms of Use and to enter into this agreement with DynaFlow; (ii) you are capable of assuming, and do assume, any risks related to the use of the content and Materials on the DynaFlow Website; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the DynaFlow Website. If you do not agree with these Terms of Use or are in any way dissatisfied with the DynaFlow Website or the Materials, your exclusive remedy is to discontinue using the DynaFlow Website.

Inappropriate Material

You are prohibited from posting or transmitting any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane or otherwise objectionable, 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, or which, without DynaFlow's express prior approval, contains advertising or any solicitation with respect to products or services.

Any conduct by you that, in DynaFlow's discretion, restricts or inhibits any other user from using or enjoying the DynaFlow Website will not be permitted.

You shall not post, submit or otherwise make available on the DynaFlow Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting materials to the DynaFlow Website, or otherwise submitting materials to DynaFlow, you automatically grant, or warrant that the owner of such material has expressly granted DynaFlow the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

DynaFlow does not want to receive confidential information from any user and any information received will be deemed NOT to be confidential.

No Endorsement of Third Party Sites

The DynaFlow Website may contain links to or reference third party websites, resources and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. DynaFlow is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. DynaFlow also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the DynaFlow Website. Under no circumstances shall DynaFlow or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site's administrator or webmaster. Any links to Third Party Sites do not imply that DynaFlow is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of DynaFlow.

Disclaimers of Warranty

The content on DynaFlow Website is for informational purposes only. DynaFlow, and each of its licensors and service providers, assumes no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information contained on the DynaFlow Website provided by any third party, including, without limitation, the information obtained through any link, has been supplied without verification by us.

YOU EXPRESSLY AGREE THAT USE OF THE DynaFlow WEBSITE IS AT YOUR SOLE RISK. THE DynaFlow WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. DynaFlow, ITS LICENSORS AND SERVICE PROVIDERS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. DynaFlow, AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS, ASSUMES NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. DynaFlow RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE DynaFlow WEBSITE. DynaFlow MAY MAKE ANY OTHER CHANGES TO THE DynaFlow WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitations of Liability

DynaFlow AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE MATERIALS OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY MATERIALS ON THE DynaFlow WEBSITE (OR A THIRD PARTY WEBSITE LINKED TO THE DynaFlow WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF DynaFlow OR BY THE NEGLIGENCE OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Protecting Information

The DynaFlow Website has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. DynaFlow assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

Violations of Terms of Use

DynaFlow reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to temporarily or indefinitely block or restrict access from you or a particular Internet address to the DynaFlow Website, and terminate the Agreement, with or without advance notice.

Indemnification

You agree to indemnify, defend, and hold DynaFlow, and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers and attorneys, harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (i) your failure to comply with any of these Terms of Use; and (ii) your use of the DynaFlow Website. DynaFlow has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the DynaFlow Website.

Contact Information

You may contact us using the information below:

Email: info@DynaFlowAcceptance.com
Telephone: 877-DYNAFLOW
Fax: 407-745-3400

Write to us at:

DynaFlow Acceptance, LLC
2611 Technology Drive
Orlando, FL 32804

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use or your use of the DynaFlow Website reside in the courts located in the State of Texas. You further expressly agree to submit to the personal jurisdiction of the courts located in Harris County, Texas, for the purpose of litigating any such claim or action.

Miscellaneous

This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.

These Terms of Use and the DynaFlow Privacy Policy contained on this website, constitute the entire agreement between the DynaFlow and you with respect to your use of the DynaFlow Website, and supersede all previous written or oral agreements. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

BY USING THE DynaFlow WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.

Updated: August 3, 2010