Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site is prohibited.
- 1. Proprietary Rights and Use of Web Site Content.
- 1.1 All content included on or comprising the Dynex Products Web 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 copyrighted as a collective work under the U.S. and international copyright laws, and Dynex Products owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You acknowledge that the Web site is protected by copyright, trademark or other proprietary rights of Dynex Products or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web site. The Content is intended for the personal, noncommercial use of the users of the Web site.
- 1.2 The 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 Dynex Products and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
- 1.4 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Dynex Products or the owners of such Content or their authorized persons, if other than Dynex Products. You may upload to or download from the Web site any Content in the public domain for your own personal use or for noncommercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices that may be posted on such Content.
- 1.5 You grant to Dynex Products the right to edit, copy, publish, distribute, translate and otherwise use any material that you place on the Web site in perpetuity, in any medium, in which case such material may become Content of the Web site. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
- 2. Submission policy
- 2.1 By submitting comments, you agree that all feedback, ideas, suggestions or other communications ("Comments") provided is non-confidential and shall be and remain the exclusive property of Dynex Products. By submitting the Comments, you are assigning to Dynex Products all worldwide rights, titles and interests in all copyrights or other intellectual property rights you may have in the Comments. You grant Dynex Products an irrevocable and unrestricted license to use, display, reproduce, publish, modify, create derivative works from, and distribute such Comments without limitation and without obligation to compensate you in any way. For this reason, do not send us any comments that you do not wish to assign to us, including confidential information, creative materials, product ideas or original artwork.
- 3. No Endorsement; Third-Party Web Sites.
- 3.1 Dynex Products does not represent or endorse the accuracy or reliability of any material or Content displayed, uploaded, or distributed through the Web site by any user, information provider or any other third party. You acknowledge that any reliance upon such material or Content shall be at your sole risk.
- 4. Use of Web Site; Security.
- 4.1 The Dynex Products Web site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Web site are prohibited.
- 4.2 Users are prohibited from violating or attempting to violate the security of the Dynex Products Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Web site for unintended purposes or trying to change the behavior of the Web 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) sending unsolicited e-mail, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the Web site (impersonating DynexProducts.com) or to the Web site (impersonating as a legitimate user). Violations of system or network security may result in civil or criminal liability.
- 4.3 You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Dynex Products Web site or any activity being conducted on this site. You agree, further, not to 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 Dynex Products Web site other than the search engine and search agents provided by Dynex Products or generally publicly available browsers.
- 5. Indemnity.
- 5.1 You hereby agree to indemnify, defend and hold Dynex Products, and all officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "Indemnified Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any claim arising out of any misuse or alleged misuse of the Web site by you. Dynex Products reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dynex Products' defense of such claim.
- 6. Termination of Web Site Use.
- 6.1 Dynex Products reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web site at any time for any reason without prior notice or liability.
- 6.2 Dynex Products may change, suspend or discontinue all or any aspect of the Web site at any time, including the availability of any Web site feature or content, without prior notice or liability.
- 7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
- 7.1 NEITHER Dynex PRODUCTS, ANY OF ITS AFFILIATES OR SUBSIDIARIES NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES Dynex PRODUCTS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SITE OR THE CONTENT. THE WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF Dynex PRODUCTS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE OR ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
- 7.2 NEITHER Dynex PRODUCTS, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 7.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Dynex PRODUCTS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- 8. Third-Party Rights.
- 8.1 The provisions of paragraphs 1, 2, 6, and 8 are for the benefit of Dynex Products, Third Party Content providers and their respective employees, affiliates, subsidiaries agents and contractors; and each such party will have the right to enforce such provisions directly on its own behalf.
- 9. Miscellaneous.
- 10. Owner and Operator of the Dynex Products Web site.
- 10.1 Best Buy Stores, LP is the owner and operator of the Dynex Products Web site.
The Dynex Products Web site address is www.Dynexproducts.com. The mailing address for Dynex Products is 7601 Penn Avenue South, Richfield, MN 55423-3645.