Last Updated: December 2020
Acceptance of the Terms of Use
Please read through the Terms of Use prior to using (BirdCronin.com) provided by Dynatronics Corporation (otherwise referred to as “Dynatronics”, “us”, “we”, “our”). The Terms of Use governs your use of the Website and is a legal agreement between you and Dynatronics. By using the Website, you agree to the following terms and conditions. If you do not agree to the Terms of Use, then you will not be allowed to access the Website. Likewise, your access or use of the Website shall be deemed as your acceptance of these Terms of Use.
Changes to the Terms of Use
Dynatronics reserves the right to modify or update these Terms of Use at any time without providing prior notice. Dynatronics will post any updates or modifications to the Website. Changes to the terms will go into effect immediately after they are posted to the Website. You are responsible for knowing and acting in accordance with any modifications of the Terms of Use. Dynatronics recommends you review these Terms of Use frequently. Your continued use of the Website after an update to the Terms of Use constitutes your agreement to the update.
Accessing the Website
Dynatronics is not liable for any damages that may result from your access or inability to access the Website. Dynatronics reserves the right to withdraw and amend the Website at any time, without providing notice.
Online Purchases and Other Terms and Conditions
All purchases for goods through the Website, or resulting from visits made by you are governed by the Terms of Sale, which are incorporated into these Terms of Use.
Intellectual Property
Dynatronics is the owner or authorized user of all trademarks, copyrights, patents, database rights, or other intellectual property unless stated otherwise. The company name Dynatronics Corporation, the company logo, the name and logo of Dynatronics subsidiaries, and all related names, logos, product and service names are trademarks of the company or its licensors. You are not to use such marks without the express written permission of Dynatronics. All other names, logos, product and service names are trademarks of their respective owners.
You may use material on this website to display, download, or print portions of this website for your own personal noncommercial use. You are not allowed to modify copies of material from this site. Additionally, you are not allowed to delete or alter any proprietary rights notices from copies of materials from this Website.
Infringement Notification
Dynatronics respects the intellectual property rights of others, and requires people who use the Website to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement please notify legal@dynatronics.com, whose contact information is listed below. In the case of a claimed infringement please provide the following information: (1) your address, phone number, and email; (2) a description of the copyrighted work you claim has been infringed; (3) the location of the infringing material; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) an electronic signature of a person authorized to act on behalf of the owner of the copyrighted material, (6) a statement by you under the penalty of perjury that the information you have provided above in your notice is accurate and you are the owner of the copyright or are authorized to act on the owner’s behalf.
Prohibited Uses
You must use the Website in accordance with the Terms of Use and only for lawful purposes. You agree not to use the Website:
- In any way that violates applicable federal, state, local, or international law or regulation;
- In a manner that could disable, overburden, damage, impair the site, or interfere with any other party’s ability to use the Website; and/or,
- In an attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, its servers, or databases.
Reliance on Information Posted
The information posted on the Website is solely for informational purposes. Dynatronics does not warrantee the accuracy or completeness of the information. We will not be held liable or responsible for any reliance on the information provided on this website.
Changes to the Website
Dynatronics may update the content of the Website from time to time, but we do not guarantee information on the website will be the most up to date. We are not obligated to update such material.
Links from the Website
This Website may provide links to or reference other external websites. Dynatronics is not responsible and has no control over the content on external websites. Links to external websites do not constitute an endorsement or association between Dynatronics and the external website, its content, product, advertising, or other materials. Any links provided on this website are provided for the convenience to the user of Dynatronics’ Website.
User Information
Over the course of your use of the Website you may be asked to provide personal information to us. Your personal information and data is subject to Dynatronics’ Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy of the information you provide to us. Dynatronics Privacy Policy is hereby incorporated into the Terms of Use of the Website.
Restrictions or Termination of Use
Dynatronics reserves the ability to restrict, suspend, or terminate your access to the Website or your ability to avail to any of the services of the Website, if we believe you have violated the Terms of Use at any time.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED”AS IS’ AND YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. DYNATRONICS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMIATION WARRANTIES OF MERCHANTABILITY OR WARRANTY FOR A PARTICULAR PURPOSE. DYNATRONICS SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS IN ACCESS TO THE WEBSITE OR ANY RELIANCE ON ACCESS TO INFORMATION OR SERVICES CONTAINED ON THE WEBSITE. DYNATRONICS DOES NOT WARRANT THE WEBSITE WILL BE FREE FROM VIRUSES, ALTHOUGH DYNATRONICS DOES TAKE REASONABLE STEPS TO SECURE THE WEBSITE.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, DYNATRONICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSIGNS BE HELD LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARRISING OUT OF OR IN CONNECTION TO THE USE OF THE WEBSITE OR THIRD PARTY LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOST TIME, MONEY, DATA, PROFITS, REVENUE, OR GOODWILL, WHETHER SUCH LOSS, COST, OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, EVEN IF DYNATRONICS IS EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEGDE AND AGREE THAT DYNATRONICS COULD NOT MAKE THIS WEBSITE AND ITS CONTENT FREE OF CHARGE FOR YOU WITHOUT ITS LIABILITY BEING LIMITED AS SET FORTH ABOVE. IF ANY OF THESE LIMITATIONS OF LIABILITY ARE FOUND TO BE UNENFORCABLE, THE AGGREGATE LIABILITY OF DYNATRONICS SHALL NOT EXCEDE (either $100 or the amount paid to Dynatronics).
Indemnity
You agree to defend, indemnify, and hold harmless Dynatronics, and its respective officers, directors, employees, contractors, agents, successors, and assigns from and against all claims, actions, demands, liabilities, losses, damages, cost, and expenses including reasonable attorney fees resulting from your violation of the Terms of Use or misuse of the Website.
Geographic Restrictions
Dynatronics is the owner of the Website and is based in the United States. We provide this website only for people located within the United States. People who choose to access the Website from outside of the United States do so on their own initiative and are responsible for compliance with all applicable local laws.
Governing Law and Jurisdiction
These Terms of Use and the Privacy Policy shall be construed and interpreted in accordance with the laws of the state of New York without giving effect to any choice of law provision or rule. However, we retain the right to bring suit in any action or proceeding against you for breach of the Terms of Use in your country of residence. You waive any and all objections to the exercise of jurisdiction over you and to venue in such courts.
Waiver and Severability
Dynatronics failure to enforce or act on any provision of the Terms of Use shall not be construed as a waiver of that provision or any provision of the Terms of Use. No waiver by Dynatronics of any term or provision of the Terms of Use shall be deemed a continuing waiver of the term or provision.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the provision shall be eliminated or limited in a way that will not affect the validity of the other provisions.
Integration Clause
The entire Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Dynatronics regarding the Website and supersedes all previous communications, understandings, negotiations, or agreements whether oral or written.
