This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and Adept Dynamics LLC (“Adept Dynamics”). These Terms govern your use of Adept Dynamic’s website AdeptDynamics.com the “Site”) and technology consultancy services and solutions made available through the Site (together with the Site, the “Services”). The Services are licensed, not sold, to you.
1. License Grant
Subject to these Terms, Adept Dynamics grants you a limited, non-exclusive, and non-transferable license to use the website for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms.
2. Modification to these Terms and the Services
Additionally, subject to restrictions in any other agreement between you and Adept Dynamics, Adept Dynamics reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, suspending Adept Dynamics’s technology consultancy and stops delivery of services from Adept Dynamic’s two collaborative practices) whether temporarily or permanently at any time for any reason. You agree that Adept Dynamics shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site in order to continue to use the Services.
By providing your contact information, you consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.
4. Adept Dynamics Account
You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, you are required to create an Adept Dynamics account (an “Account”).
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Adept Dynamics cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
While access to the Site is free, we do charge for our Services, including, without limitation, Adept Dynamic’s technology consultancy services and solutions. When paid by you, these payments are governed by the service agreement between you (or your company) and Adept Dynamics.
Adept Dynamics will charge, and you authorize Adept Dynamics to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Adept Dynamics may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
Adept Dynamics reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. Regardless of the cause, Adept Dynamics reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
6. License Restrictions
You shall not:
use the Site or Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services; use the Site or Services for any illegal purpose, or in violation of any local, state, national, or international law; copy any portion of the Site or Services, except as expressly permitted by this license; modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site or Services; reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or Services or any part thereof; remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site or Services, including any copy thereof; rent, lease, lend, sell, sublicense otherwise make available the Site or Services, or any features or functionality of the Site or Services, to any third party for any commercial reason; remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site or Services; directly or indirectly take any action that imposes or may impose (as determined by Adept Dynamics in its sole discretion) an unreasonable or disproportionately large load on Adepts Dynamics or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on the Site or Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Site or Services; or misrepresent your identity, impersonate any person, or use or attempt to use another account.
If for any reason, Adept Dynamics determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Site or Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
7. Reservation of Rights
You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms.
Adept Dynamics and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Through the Services, or via other users, Adept Dynamics may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.
9. Collection and Use of Your Information
10. Geographic Restrictions
The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
11. Third-Party Materials
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Adept Dynamics is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Adept Dynamics does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
12. Term and Termination
The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or Adept Dynamics as set forth in this section. You and Adept Dynamics may terminate the agreement in accordance with the terms of the applicable services agreement between you and Adept Dynamics . We may suspend or cancel your account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. Adept Dynamics will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your documents for files from our Services. If after such notice you fail to take the steps we ask of you, Adept Dynamics reserves the right to remove your account information along with any account settings from our servers with NO liability or further notice to you. Upon termination of your account. your license to use Adept Dynamics’s Services terminates.
13. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ADEPT DYNAMICS LLC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL ADEPT DYNAMICS LLC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, ADEPT DYNAMICS LLC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Adept Dynamics and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
17. Governing Law
18. Entire Agreement
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.
If you have any questions regarding these Terms, please contact us at the information below:
Head of Communications and Brand
Adept Dynamics LLC
3708 Wycliff Ave.
Dallas, Texas 75219
Or send us an email to support@AdeptDynamics.com.
Last Update: September 16, 2022