Welcome to the Dynatrac Products website (www.dynatrac.com). By using the website and its related services, products, and software (collectively, the "Site"), you agree to be bound by these terms ("Terms and Conditions of Use"). You also accept the Terms and Conditions of Use when you create an account, sign in as a guest, or log in to the Site. Additional or separate terms may apply to your interactions with other Dynatrac Products websites and Dynatrac Products stores, and to your use of individual services or features available on the Site. To the extent that the provisions of any additional terms conflict with these Terms and Conditions of Use, the provisions of the additional terms will govern. References to "Dynatrac Products," "our," "we," or "us" may refer to Dynatrac Products, dynatrac.com, Dynatrac Products Stores, and their affiliates, subsidiaries, and designees. We may make changes to the Site and the Terms and Conditions of Use. It is your responsibility to review the Terms and Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the Site.
Intended for Users Over 13
We provide the Site for use by individuals 13 years of age and older. If you are under the age of 13, you may use the Site only with the assistance of a parent or guardian.
Sales Tax on Drop Ship Orders
Any customers located in California that place a drop ship order from an out of state dealer will be charged Calfiornia state sales tax.
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Dynatrac Products owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may use the Site and the Content only for noncommercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any Site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.
Unless we separately give you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
The Dynatrac Products logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Dynatrac Products and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Reviews, Comments, Communications, and Other User-Generated Content
You may interact with the Site and Dynatrac Products in numerous ways, which includes now or may include in the future Reviews and Ratings, Videos, Questions and Answers, Community Forums, Blogs and e-mail communication. You hereby grant Dynatrac Products a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.
When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY DYNATRAC PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Third-Party Websites
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may only use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Dynatrac Products, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms and Conditions of Use. You may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.
The laws of the State of California will govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.