Acceptance of Terms
Access to the Site
Dynamic Closures may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. Dynamic Closures shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.
Use of Site Information
You are permitted to view, copy, download and print Materials from the Site, provided that:
- you use the Materials for informational, personal and non-commercial purposes only;
- you do not modify or alter the Materials in any way;
- you do not copy or distribute graphics from the Site separate from their accompanying text;
- you do not quote the Materials out of context; and
Dynamic Closures reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from Dynamic Closures. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
For permission to use third party materials appearing on the Site, please contact the owner of such materials.
No Additional Rights
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED, ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE USE OF THE INFORMATION AND FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WITHOUT LIMITING THE FOREGOING, Dynamic Closures MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; AND, (V) THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Liability
Dynamic Closures may make changes to the Materials, including without limitation, descriptions of any listed products at any time, without notice. The Materials on this Site may be out of date and Dynamic Closures makes no commitment to update such Materials.
The Site could include technical or other mistakes, inaccuracies or typographical errors. Dynamic Closures assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to services and products are provided "as is" without warranty of any kind, either express or implied.
IN NO EVENT SHALL Dynamic Closures, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF Dynamic Closures HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. Dynamic Closures IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN NO EVENT SHALL Dynamic Closures'S (OR ITS SUPPLIERS' OR LICENSORS') MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED $1 AU DOLLAR. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You acknowledge and agree that the inclusion of such External Links does not imply that Dynamic Closures endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that Dynamic Closures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.
The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that Dynamic Closures intends to announce such products, services or programs in your country. Dynamic Closures makes no representation that Materials on this Site are appropriate or available for use in locations outside of Australia and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
Choice of Language
Choice of Law and Jurisdiction
This Site (excluding links to External Sites) is controlled by Dynamic Closures from its offices in Melbourne, Victoria, Australia, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Dynamic Closures agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Victoria and the federal laws of Australia applicable therein. You and Dynamic Closures expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and Dynamic Closures also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Melbourne, Victoria with respect to such matters.
Copyright © 2005 Dynamic Closures Corporation. All rights reserved.
Last updated: September 1, 2011