TERMS AND CONDITIONS OF USE
Acceptance of the Terms and Conditions of Use
Please read the following terms and conditions of use carefully before using this website and before reviewing or purchasing products, as they affect your rights as they relate to use of the website and of the products advertised therein.
These Terms and Conditions of Use are entered into by and between You and Dynamis Ventures Inc. (“Dynamis Ventures,” “Company,” “we,” or “us”). The following terms and conditions govern your access to and use of www.silverbackdip.com (the “Website”), including any content, functionality, and services offered on or through the Website.
Changes to the Terms and Conditions of Use
We may revise and update these Terms and Conditions of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and they apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
This Website (www.silverbackdip.com) is operated by Dynamis Ventures Inc. The mailing address for Dynamis Ventures is 5107 Lena Road, Unit 111, Bradenton, Florida 34211.
The Website and its entire contents, features, and functionality, including, but not limited to, text, graphics, software, and code, are copyrighted as a collective work under the United States and other copyright laws, and they are the sole property of Dynamis Ventures. The collective work may include works, trademarks, and other intellectual property that are licensed to Dynamis Ventures by third parties and used with permission. Copyright 2020, Dynamis Ventures. ALL RIGHTS RESERVED.
These Terms and Conditions of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website unless prior written authorization is obtained from Dynamis Ventures, except as follows:
- Permission is granted to electronically copy and print hard copy portions of this Website for the sole and exclusive purpose of placing an order with Dynamis Ventures or purchasing Dynamis Ventures products.
- You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use or to place an order with Dynamis Ventures or to purchase Dynamis Ventures products.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to Marketing@dynamisventuresinc.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws.
All trademarks, service marks, trade dress, and trade names of Dynamis Ventures used in the Website, including the SILVERBACK mark, are common law marks or registered marks of Dynamis Ventures or its corporate parent(s) or affiliate(s). You must not use such marks without the prior written permission of the Company. Any other trademarks, product names, and company names or logos used on this Website are the property of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that, as determined by us, may harm the Company or users of the Website, including by exposing them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions of Use.
In an attempt to provide increased value to our visitors, Dynamis Ventures may link to sites operated by third parties. However, even if the third party is affiliated with Dynamis Ventures, Dynamis Ventures has no control over these linked sites, all of which have separate privacy and data collection practices independent of the Website’s. These linked sites are only for your convenience, and therefore you access them at your own risk. Nonetheless, Dynamis Ventures seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site but also for sites it links to (including if a specific link does not work).
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, EXCEPT TO THE EXTENT SPECIFICALLY STATED IN THE WRITTEN MATERIALS ENCLOSED WITH ANY PRODUCT ADVERTISED ON THE WEBSITE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, EXCEPT TO THE EXTENT SPECIFICALLY STATED IN THE WRITTEN MATERIALS ENCLOSED WITH ANY PRODUCT ADVERTISED ON THIS WEBSITE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE PERFORMANCE OF THE PRODUCTS ADVERTISED ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Errors and Reliance on the Website
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Dynamis Ventures reserves the right to correct any information, errors, or omissions and to change or update information at any time without prior notice. However, any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You agree to indemnify, defend, and hold harmless Dynamis Ventures, its directors, officers, employees, agents, contractors, licensors, licensees, affiliates, and suppliers, and successors and assigns of each (collectively, the “Service Providers”) from and against any claims, liabilities, judgements, awards, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these Terms and Conditions of Use or any activity (including negligent or wrongful conduct) by you or any other person accessing the Website or sites to which the Website is linked using your Internet account.
Dynamis Ventures may deliver notice to you by means of a general notice on the Website, email, or by other reliable method to any address you have provided to Dynamis Ventures.
Choice of Law and Dispute Resolution; Arbitration
Your use of this Website and all disputes between you and Dynamis Ventures directly or indirectly arising out of or relating to these Terms and Conditions of Use, the Website, representation or statements made by Dynamis Ventures, or Dynamis Ventures products advertised on this Website shall be governed and construed in all respects by the laws of the State of Florida, United States of America, without regard to the choice-of-law provisions of the laws of the State of Florida or any other jurisdiction, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods or other law.
Any dispute, legal suit, action, or proceeding arising out of or relating to these Terms and Conditions of Use, the Website, representations or statements made by Dynamis Ventures, or Dynamis Ventures products advertised on this Website shall be subject to binding arbitration to take place in Tampa, Florida, pursuant to the rules of the American Arbitration Association. To the extent that the foregoing arbitration provision may be held void or unenforceable, the exclusive forum and venue for all such disputes shall be the state and federal courts for Manatee County, Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions of Use in your country of residence or any other relevant country.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, THE WEBSITE, representations or statements made by Dynamis Ventures, or Dynamis Ventures products advertised on this website MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
The Company’s failure to insist upon or enforce strict performance of any provision or these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Dynamis Ventures may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you.
If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect.
These Terms and Conditions of Use are applicable to you upon your accessing and using the Website. They, or any part of them, may be terminated by Dynamis Ventures without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, Choice of Law and Dispute Resolution, and License shall survive any termination.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website;
- Send emails or other communications with certain content, or links to certain content, on this Website; and
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, via framing, deep linking, or in-line linking; and
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Use of Site and Linked Websites, Including Social Media
Harassment in any manner or form on or through the Website or sites, including social media sites, to which the Website links, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Dynamis Ventures or other licensee’s employee, host, or representative, as well as other members or visitors on the Website or sites to which the Website links, is prohibited. You may not upload to, distribute through, or otherwise publish through the Website or any sites to which the Website links any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, that may constitute or encourage a criminal offense, violate the rights or any party, or that may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or the sites to which the Website links or use the Website or the sites to which the Website links to solicit others to join or become members of any other commercial online service or other organization.
Dynamis Ventures does not and cannot review all communications and material posted to or created by users accessing the Website or sites to which the Website links, including social media, and is not in any manner responsible for the content of these communications and materials. You acknowledge that, to the extent Dynamis Ventures may provide you with the ability to view and/or distribute user-generated content on the Website and/or sites, including social media sites, to which the Website links, Dynamis Ventures is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on such site(s). However, Dynamis Ventures reserves the right to block or remove communications or materials over which it has control that it determines, in its sole discretion, to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of a third party; or (d) offensive or otherwise unacceptable. You should be skeptical about information posted or provided by others and use any such information at your own risk. Dynamis Ventures is not responsible for and does not endorse the opinions, advice, suggestions, or recommendations posted or sent by users of the Website or other sites, including social media sites, to which the Website links, and specifically disclaims any liability in connection therewith.
Submission of Confidential Information; License
Please do not submit, post, or send confidential, proprietary, or trade secret information through this Website or through any other sites, including social media sites, to which this Website links. Any information, suggestions, ideas, or comments submitted through this Website or any other sites, including social media sites to which this Website links will be deemed non-confidential to the extent permitted by law. If you elect to submit information through this Website, including social media sites to which it links, you grant Dynamis Ventures an irrevocable, perpetual, and unrestricted license to use, modify, reproduce, distribute, display, and transmit such information for any purpose whatsoever, including for Dynamis Ventures’ marketing and advertising.