Terms and Conditions

Revised: March 1st, 2024

TERMS OF USE
Dynamic Omni Channels, Inc.
We are Dynamic Omni Channels, Inc. (“Company.” “we.” •us.” “our”), a
company registered in the state of Florida. We operate the website
https://www.dynamicomnichannels.com (the “Site’), as well as any other related
products and services that refer or link to these legal terms (the “Legal Terms”)
(collectively, the “Services”).
You can contact us by email at or by mail to 94727 Corporate Lake Dr, Tampa, Florida
33634.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”), and Dynamic Omni Channels, Inc.,
concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are
using. The modified Legal Terms will become effective upon posting. By continuing to use
the Services after the effective date of any changes, you agree to be bound by the modified
terms. All persons are denied access to this site unless they have read and accept these
Terms of Use. We reserve the right to Deny access to our Site for any reason.
The Services are intended for users who are at least 18 years old. Persons under the age of
18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended lor distribution to or
use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
OUR INTELLECTUAL PROPERTY.
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code. databases, functionality software, website designs, audio, video,
text, photographs, and graph cs in the Services (collectively, the “Content”) as well as the
trademarks. service marks and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other
Intellectual property rights and unfair competition laws) and treaties In the United States
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and around the world.
The Content and Marks are provided in or through the services “AS IS’ for your internal
business purpose only.
USE OF OUR SERVICES
Subject to your compliance with these Legal Terms, including the “PROHIBITED
ACTIVITIES• section below, we grant you a non-exclusive, non-transferable, revocable
license to
 access the Services and
 download or print a copy of any portion of the Content
to which you have properly gained access.
solely for your internal business purpose.
Except as set out 1n this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied reproduced, aggregated, republished, uploaded,
posted, publicly displayed encoded. translated, transmitted. distributed sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms please address your request to the Company. If we
ever grant you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must Identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or Is visible
on posting, reproducing or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
MY breach of these intellectual Property Rights will constitute a material breach of our
Legal Tenns and your right to use our Services w i l l terminate immediately.
SUBMISSIONS
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment suggestion, idea, feedback,
or other information about the Services (“Submissions”), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise. without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through
any part of the Services you:
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 confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and
will not post, send, publish, upload, or transmit through the Services any
Submission that is illegal, harassing. hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
 to the extent permissible by applicable law, waive any and all moral rights to any
such Submission;
 warrant that any such Submission are original to you or that you have the necessary
rights and licenses to submit such Submissions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions: and
 warrant and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your Submissions and you expressly agree to reimburse us
for any and all losses that we may suffer because of your breach of (a) this section. (b) any
third party’s intellectual property rights, or (c) applicable law.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you
submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as necessary; (3) you
have the legal capacity and you agree to comply with these Legal Terms: (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6) you will
not use the Services for any illegal or unauthorized, purpose; and (7) your use of the
Services will not violate any applicable law or regulation,
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or future
use of the Services (or any portion thereof).
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve
the right to remove. reclaim, or change a username you select if we determine, in our sole
discretion. that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make
the Service available. The Services may not be used In connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services. you agree not to
 Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database. or directory without
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written permission From us.
 Trick. defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
 Circumvent, disable, or otherwise interfere with security related features of the
Services, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Services and/or the Content
contained therein.
 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
 Use any information obtained from the Services in order to harass. abuse or harm
another person.
 Make improper use of our support services or submit false reports of abuse or
misconduct
 Use the Services in a manner inconsistent with any applicable laws or regulations.
 Engage in unauthorized framing of or linking to the Services.
 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the Services.
 Engage in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering and
extraction tools.
 Delete the copyright or other proprietary rights notice from any Content
 Attempt to impersonate another user or person or use the username of another user.
 Upload or transmit (No attempt to upload or to transmit) any material that acts as a
passive or active information collection to transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels. web
bugs, cookies, or other similar devices (sometimes referred to as “spyware• or
•passive collection mechanisms• or “pcms”).
 Interfere with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
 Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
 Attempt to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
 Copy or adapt the Services’ software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
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 Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Service
 Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
Services, or use or launch any unauthorized script or other software.
 Use a buying agent or purchasing agent to make purchases on the Services
 Make any unauthorized use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
 Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-9enerating endeavor or commercial
enterprise.
 Sell or otherwise transfer your profile.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in .If you access the
Services from any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws in Florida,
then through your continued use of the Services, you are transferring your data to US,
and you expressly consent to have your data transferred to and processed in Florida.
TERMS AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
{INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, JN
OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating e new account under your name, a fake or borrowed name, or
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the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive relief.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you or
any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be availability at all times. We may experience
hardware software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions delays, or errors. We reserve the right to change.
revise update suspend, discontinue, or otherwise modify the Services at any t me or for
any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or 1ncoovenlence caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of Florida applicable to agreements made and t o
be entirely performed within the State of Florida, without regard to its conflict of law
principles.
DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations the Dispute
{except those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association (“AAA”) and where appropriate, the
AAA’s Supplementary Proced.res for Consumer Related Disputes (“AAA Consumer
Rules”), both of which are available at the American Arbitration Association (AAA)
website. Your arbitration fees and your share of arbitrator compensation shall be
governed by the AM Consumer Rules and, where appropriate. limited by the AAA
Consumer Rules. The arbitration may be conducted in person, through the submission
of documents, by phone, or otherwise. The arbitrator will make a decision in writing
but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged in the
arbitration. Except where otherwise required by the applicable rules or applicable law,
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the arbitration will take place in Florida. Except as otherwise provided herein the
Parties may litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the state and federal courts located in Hillsborough
County, Florida, and the Parties hereby consent to and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services
be commenced more than two (2) years after the cause of action arose. If this provision
is found to be illegal or unenforceable, then neither Party win elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the fullest extent permitted by law (a) no arbitration shall be joined
with any other proceeding, (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c) t h e r e is
no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
CORRECTIONS.
There may be Information on the Services that contains typographical errors.
inaccuracies, or omissions, including descriptions, pricing availability, and various
other information. We reserve the right to correct any errors, i n a c c u r a c i e s , or
omissions and to change or update the information on the Services at any time, without
prior notice.
DISCLAIMER.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BEAT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL
WARRANTIES. EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE MPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
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COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF THIS
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
Will ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE. OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE Of THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY ANO ALL PERSONAL
INFORMATIONAND/ORFINANCIALINFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, ANO.’OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, ANO
WE Will NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES. OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY. INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE. LOSS OF DATA OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION. WILL AT ALL TIMES BE LIMITED TO
$1,000.00 USO. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES, IF THESE LAWSAPPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, ANO YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend. indemnify, and hold us harmless including our subsidiaries,
affiliates and all of our respective officers, agents, partners, and employees from and
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against any loss, damage, liability, claim or demand including reasonable attorney fees
and expenses, made by any third party due to or arising out of: (1) use of the Services,
(2) breach of these Legal Terms; (3) any breach of your representations and warranties
set forth m these Legal Terms, (4) your violation of the rights of a third party including
but not limited to intellectual property rights; or (5) any overt harmful act toward any
other user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to
cooperate at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, act on, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain in certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data you are solely
responsible for all data that you transmit or that relate to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for any
loss or corruption or any such data. and you hereby waive any right of action against us
arising from any such loss or corrupt on of such data.
ELECTRONIC COMMUNICATOINS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices disclosures, and other communications we provide to
you electronically, via email and on the Services. satisfy any legal requirement that
such communication be in writ ng. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or g r a n t i n g of credits
by any means other than electronic means.
CALIFORNIA USERS AND RESIDNTS
If any complaint with us is not satisfactorily resolved you can contact the Complaint
Assistance Unit of the Division or Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these Legal
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Terms shall not operate as a waiver or such right or provisions. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or liable for any loss
damage, delay, or failure to act caused by any cause beyond 01.1r reasonable control If
any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.