Terms of Use and Privacy Agreement

Description of Dynamite Forum Website

DynamiteForum.com (“Site”) is a subscriber-based website offered to active and current Dynamite Specialty Products Distributors (“Distributors”) only. Our goal is to provide product use information for Distributors in the form of our articles and user forum entries. The Site contains a public section that explains requirements for subscription and it offers personal testimonials from Distributors. The main part of the Site is accessible to Distributors only who have registered and remain a current member of the Site's services.

User Acceptance of Site usage

Users of the Distributor sections of this site must accept and agree to be bound by the Terms of the Use Agreement including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations. Please read through this Agreement carefully. Dynamite Forum may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. Your continued use of the Site following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable law, you must discontinue use of the Dynamite Forum Services (“Forum”) immediately.

Privacy Policy

This privacy policy discloses the privacy practices for Dynamite Forum.com. This privacy policy applies solely to information collected by this web site. It will notify you of the following:

  1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.

How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

We use the Google Analytics service to monitor and improve the performance and service of this site. Google Analytics mainly uses first-party cookies to report on user interactions on Google Analytics customers’ websites. These cookies are used to store non-personally identifiable information. Browsers do not share first-party cookies across domains.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Eligibility for Site Registration and Account Security

All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password or your account access to anyone. You agree not to use the account, username, email address or password of another subscriber at any time. You agree to notify Dynamite Forum immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination of Use

This Agreement remains in full force and effect while you use the Dynamite Forum Site. You may terminate your account/subscription on the Site at any time, for any reason, by emailing [email protected]. Dynamite Forum may terminate any account/subscription on the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your use account or access to the Dynamite Forum Services is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.

Fees

You acknowledge that Dynamite Forum reserves the right to charge subscription fees for any portion of the Dynamite Forum Services. Dynamite Forum will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event your do not wish to pay the modified fee. If you continue to use the Dynamite Forum Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee of the balance of your subscription. If Dynamite Forum suspends or terminates your account and/or access to the Dynamite forum Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

Purchasing Subscription Service or other Services or Products

If you subscribe to the Site or purchase any service or product on the Site, ("Site Product"), you may be required to provide personal information, including credit card and billing information ("Personal Financial Information"), to an independent third party company (or companies) selected by, but not affiliated with, Dynamite Forum (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy (ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

Dynamite Forum makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Dynamite Forum provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Dynamite Forum will in no way be responsible or liable to you for any such breach.

Dynamite Forum will not store any record of Personal Financial Information related to purchases or other transactions you make through the Dynamite Forum Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

Dynamite Forum Content

Dynamite Forum content contains and will contain statements related to third party products specifically but not limited to Dynamite Specialty Products. Due to the Sites forum format, some material posted upon the site may imply claims of certain products. It is Dynamite Forum’s position to disclaim any curative or preventative claims that can be deemed explicit or implied within the Site. The opinions and philosophies expressed in Dynamite Forum are those of independent Distributors that relate to Dynamite® Specialty Products (and other products), and do not necessarily reflect the opinions and philosophies of Dynamite® Specialty Products. These statements and products have not been evaluated by the FDA, and are not intended to diagnose, treat, cure, or prevent any disease, but rather as dietary information and supplements intended solely for nutritional support.

The Site offers users the ability to post messages on a forum which is available to subscribers of the Site. You acknowledge that messages posted on such Forums are intended for Distributors only, and Dynamite Forum cannot guarantee the security of any information you disclose through the Forum; you make such disclosures at your own risk. Dynamite Forum is not responsible for the content or accuracy of any information posted on the Forum, and shall not be responsible for any decisions made based on such information. Dynamite Forum reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to the Forum and to restrict or remove your User Content from the Forum for any reason at any time.

The Dynamite Forum Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of Dynamite Forum("Dynamite Forum Content"). Dynamite Forum Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Dynamite Forum, Dynamite Forum owns and retains all rights in the Dynamite Forum Content and the Dynamite Forum Services. Dynamite Forum hereby grants you a limited, revocable, nonsublicensable license to access and display the Dynamite Forum Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Dynamite Forum Services. The Dynamite Forum Services may also contain Content of users, Distributors, and other Dynamite Forum licensors. Except as provided in this Agreement or as explicitly allowed on the Dynamite Forum Services, you may not copy, download, screen capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Dynamite Forum Services.

Except as explicitly and expressly permitted by Dynamite Forum, you are strictly prohibited from creating works or materials (including but not limited to any paper or website published articles, Facebook, or other social media services). This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web - based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from Dynamite Forum. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Dynamite Forum in writing at: [email protected].

Use of Dynamite Forum Services

The Dynamite Forum Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from Dynamite Forum. Dynamite Forum reserves the right to remove any content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Dynamite Forum Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the Dynamite Forum Services. You understand that Dynamite Forum does not control the User Content posted by users via the Dynamite Forum Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Dynamite Forum assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Dynamite Forum Services, please report this immediately to Dynamite Forum by emailing [email protected] Dynamite Forum assumes no responsibility for monitoring the Dynamite Forum Services for inappropriate Content or conduct. If at any time, Dynamite Forum chooses in its sole discretion to monitor the Dynamite Forum Services, Dynamite Forum nonetheless assumes no responsibility for Content other than Dynamite Forum Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

Dynamite Forum reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Dynamite Forum in its sole discretion. You acknowledge Dynamite Forum reserves the right to investigate and take appropriate legal action against anyone who, in Dynamite Forum’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Dynamite Forum may access, preserve or disclose information you provide to the Site, including User Content, when Dynamite Forum has a good faith belief that such access, preservation or disclosure is necessary in order to protect or defend the legal rights or property of Dynamite Forum

Other

The failure of Dynamite Forum to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices Dynamite Forum may be required by Applicable Law to send to you will be effective upon Dynamite Forum sending an e-mail message to the e-mail address you have on file with Dynamite Forum or publishing such notices on the informational page(s) of Dynamite Forum Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dynamite Forum as a result of this Agreement or your use of the Dynamite Forum Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits Dynamite Forum’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Dynamite Forum Services or information provided to or gathered by us in connection with such use.

Please send any non support questions, recommendation, or comments to either [email protected] or send via USPS to Dynamite Forum, PO BOX 777, Selah, WA 98942