ARTdynamix®/Dream Warrior Group reserves the right to modify these Terms, or change or remove features of ARTdynamix®/Dream Warrior Group Websites. Your continued use of ARTdynamix®/Dream Warrior Group Websites after the date of the modification shall be deemed acceptance of the modified Terms. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the ARTdynamix®/Dream Warrior Group Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
You agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, the relationship between Consultant and the Customer, and any disputes upon termination of the relationship, including claims for violation of any local, state or federal law, statute, regulation or ordinance or common law. The arbitration shall be before JAMS/ENDISPUTE (“JAMS”), or its successors, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Any party hereto may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party hereto. Notwithstanding the amount in dispute, the arbitration will be administered by and in accordance with the Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration and conducted at a location determined by the arbitrator within Los Angeles County, California. The arbitrator shall have the power to enter any award, including reasonable attorneys’ fees, that could be entered by a judge of the trial court of the State of California, and only such power, and shall follow the law. In the event the arbitrator does not follow the law, the arbitrator will have exceeded the scope of his or her authority and the parties may, at their option, file a motion to vacate the award in court. The parties agree to abide by and perform any award rendered by the arbitrator. Judgment on the award may be entered in any
court having jurisdiction thereof.
To the extent that ARTdynamix®/Dream Warrior Group provides for the download of proprietary ARTdynamix®/Dream Warrior Group software or open source software from ARTdynamix®/Dream Warrior Group’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either ARTdynamix®/Dream Warrior Group or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user license agreement. All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
ARTdynamix®/Dream Warrior Group reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of ARTdynamix®/Dream Warrior Group will be collectively referred to as “ARTdynamix®/Dream Warrior Group Marks.” No employee or other representative of ARTdynamix®/Dream Warrior Group is authorized to grant permission to use ARTdynamix®/Dream Warrior Group Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to ARTdynamix®/Dream Warrior Group Marks by a ARTdynamix®/Dream Warrior Group employee in the absence of a formal written agreement cannot be relied upon. The ARTdynamix®/Dream Warrior Group Marks are highly valued intellectual property, and therefore ARTdynamix®/Dream Warrior Group will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to ARTdynamix®/Dream Warrior Group Marks or which are likely to cause confusion with ARTdynamix®/Dream Warrior Group Marks. ARTdynamix®/Dream Warrior Group does not object to the use of the ARTdynamix®/Dream Warrior Groupk Marks (other than logos) to refer specifically to the products of ARTdynamix®/Dream Warrior Group. However, a purely referential use or nominative fair use of the ARTdynamix®/Dream Warrior Group Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use. In the United States, registered ARTdynamix®/Dream Warrior Group Marks should be designated by the symbol “TM”, while unregistered ARTdynamix®/Dream Warrior Group Marks should be identified by a “™” designation.
Linking to the ARTdynamix®/Dream Warrior Group Websites (including an internal or subsidiary page of any website comprising a part of the ARTdynamix®/Dream Warrior Group Websites) must be approved in writing by ARTdynamix®/Dream Warrior Group, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
• does not utilize content of a ARTdynamix®/Dream Warrior Group Website;
• does not utilize a ARTdynamix®/Dream Warrior Group logo;
• does not use framing of a ARTdynamix®/Dream Warrior Group Website;
• does not misrepresent an affiliation or other relationship with ARTdynamix®/Dream Warrior Group;
• does not misrepresent any possible endorsement by ARTdynamix®/Dream Warrior Group;
• does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
• is promptly modified to delete the hyperlink upon request by ARTdynamix®/Dream Warrior Group.
Except where otherwise specified, the contents of the ARTdynamix®/Dream Warrior Group Websites are subject to copyright. Copyright © 2021 ARTdynamix®/Dream Warrior Group, iNC All rights reserved. The contents of the ARTdynamix®/Dream Warrior Group Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the ARTdynamix®/Dream Warrior Group Websites, except as necessary to view the ARTdynamix®/Dream Warrior Group Websites.
Links on the ARTdynamix®/Dream Warrior Group Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the ARTdynamix®/Dream Warrior Group Websites. ARTdynamix®/Dream Warrior Group does not endorse or make any representations about such third party websites, and ARTdynamix®/Dream Warrior Group is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. ARTdynamix®/Dream Warrior Group does not control those websites, and ARTdynamix®/Dream Warrior Group is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
You agree to indemnify, defend and hold harmless ARTdynamix®/Dream Warrior Group, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the ARTdynamix®/Dream Warrior Group Websites or violation of these Terms. ARTdynamix®/Dream Warrior Group reserves the right 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 ARTdynamix®/Dream Warrior Group’s defense of such claim, and in no event may you agree to any settlement affecting ARTdynamix®/Dream Warrior Group without ARTdynamix®/Dream Warrior Group’s written consent.
When you visit the ARTdynamix®/Dream Warrior Group Websites or send e-mails to ARTdynamix®/Dream Warrior Group, you are communicating with ARTdynamix®/Dream Warrior Group electronically. We may respond to you by e-mail or by posting notices on the ARTdynamix®/Dream Warrior Group Websites. You agree that all such notices, disclosures and other communications that ARTdynamix®/Dream Warrior Group provides to you electronically satisfy any legal requirement that such communications be in writing.
All ARTdynamix®/Dream Warrior Group products and publications are commercial in nature. The software, publications and software documentation available on the ARTdynamix®/Dream Warrior Group Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable.
Information on the ARTdynamix®/Dream Warrior Group Websites is not promised or guaranteed to be correct, current or complete, and the ARTdynamix®/Dream Warrior Group Websites may contain technical inaccuracies or typographical errors. ARTdynamix®/Dream Warrior Group assumes no responsibility (and expressly disclaims responsibility) for updating the ARTdynamix®/Dream Warrior Group Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the ARTdynamix®/Dream Warrior Group Websites. ARTdynamix®/Dream Warrior Group provides no assurances that any reported problems will be resolved by ARTdynamix®/Dream Warrior Group, even if ARTdynamix®/Dream Warrior Group elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE DREAM WARRIOR GROUP WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. DREAM WARRIOR GROUP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DREAM WARRIOR GROUP MAKES NO WARRANTY THAT THE DREAM WARRIOR GROUP WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE DREAM WARRIOR GROUP WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
IN NO EVENT WILL DREAM WARRIOR GROUP / ARTdynamix(TM) BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE DREAM WARRIOR GROUP'S WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF DREAM WARRIOR GROUP HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that ARTdynamix®/Dream Warrior Group may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ARTdynamix®/Dream Warrior Group’s liability shall be the minimum permitted under such applicable law.
ARTdynamix®/Dream Warrior Group respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on a ARTdynamix®/Dream Warrior Group Website in a way that constitutes copyright infringement, please send a notice to our copyright agent providing the following information:
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity
• A description of where the material that you claim is infringing is located, such as the URL where it is posted
• Your name, address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
• ARTdynamix®/Dream Warrior Group's copyright agent for notice of claims of copyright infringement can be reached as follows. Note: This contact information is solely for reporting copyright infringement.
Dream Warrior Group, Inc
19725 Sherman Way #305
Winnetka, CA 91306
This Acceptable Use Policy (“AUP”) governs the usage of products and services of ARTdynamix®/Dream Warrior Group or of any third party which are subscribed to or obtained through ARTdynamix®. This AUP is incorporated by reference into each contract ARTdynamix®/Dream Warrior Group or any such third party enters into with you for the use of such Services. ARTdynamix®/Dream Warrior Group may modify this AUP at any time without notice.
ARTdynamix®/Dream Warrior Group uses industry standard means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively your obligation to maintain and control passwords to your web site(s), and you exclusively are responsible for all activities that occur in connection with your user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by you or authorized users. You agree to immediately notify ARTdynamix®/Dream Warrior Group of any unauthorized uses of the Services or any other breaches of security.
The uses of ARTdynamix®/Dream Warrior Group Services set forth in this section herein below are prohibited. Engaging in any prohibited use as set forth herein by you or by any affiliate (as determined in the sole discretion of ARTdynamix®/Dream Warrior Group) constitutes a material breach of these terms and will subject your account to immediate termination without notice and without any refund.
You may not use the Services to collect sensitive information from other users, including but not limited to credit card information and social security numbers, without enabling all the security features in the ARTdynamix®/Dream Warrior Group application that allow you to do so (SSL, PGP and data encryption).
Spamming is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. ARTdynamix®/Dream Warrior Group requires that all email messages contain an automated opt out. We do not allow purchased lists. You are required to follow all rules in the Can Spam Act (additional information at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business). ARTdynamix®/Dream Warrior Group reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list.
You may not utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
You may not utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
Profanity or profane subject matter in the site content and in the domain name are prohibited.
You may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. ARTdynamix®/Dream Warrior Group is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Use of the Services for creating or sending Internet viruses, worms or trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for you to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
ARTdynamix®/Dream Warrior Group does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ARTdynamix®/Dream Warrior Group is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
The use of the Services to engage in any activity that is determined by ARTdynamix®/Dream Warrior Group, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC"). ARTdynamix®/Dream Warrior Group will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language.
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF SERVICES WITHOUT PRIOR NOTICE.
Engaging in any activity that, in ARTdynamix®/Dream Warrior Group sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, ARTdynamix®/Dream Warrior Group business, operations, reputation, goodwill, or the ability of ARTdynamix®/Dream Warrior Group's subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these terms. In addition, our failure to cooperate with ARTdynamix®/Dream Warrior Group in correcting or preventing violations of these terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of you constitutes a violation of these terms by you.
We are PCI compliant. Using our system does not relieve the customer from fulfilling its own requirements under PCI DSS.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the ARTdynamix® system, network or website should be sent ONLY to our designated agent.
NOTE: The following information is provided solely for notifying ARTdynamix®/Dream Warrior Group that your copyrighted material may have been infringed.
Written notification of any claimed infringement must be submitted in writing to the following Designated Agent:
Dream Warrior Group
ATTN: Legal Department
19725 Sherman Way
Winnetka, CA 91306