Terms of Service
This is the entire agreement between Dynamics User Group (DUG) and the users of our website. These Terms of Service must be accepted by all visitors to any of our websites.
You agree that DUG reserves the right to change any of the content of our websites. We may do so at any time without providing our users any prior notice. This means we may make updates to our content, to our layout, or to any of the data, information, or layouts that we elect to use on our websites.
You agree that DUG has the right at any time, for any reason, to restrict or terminate access to our websites. We do not have to provide any prior notice of this restriction or termination of any user’s ability to use this account.
DUG takes the accuracy of the information presented on our sites seriously. Despite our best efforts, there may be times when information may contain errors. You agree that by using our sites that all the content is presented “as is” and “as available”.
DUG makes no warranty, express or implied about the content of our sites. In addition, we make no guarantees or warranties as to the merchantability or fitness for any purpose of any information or materials on this site. We try to ensure that none of the content of this site infringes on any copyrights. In the event that this information is placed on our site by a third party, we are not liable for any potential copyright violations.
We do our best to ensure that our sites are fully secure. You agree that DUG’s websites do not and cannot warrant that the security is 100% guaranteed. We cannot be held responsible for any information that is sent via electronic communication or via any of our websites that may contain viruses or contain harmful elements.
DUG’s limits on liability include indirect liability, inconsequential liability, punitive liability, special damages, and incidental damages that you may incur from using our sites. This includes any damages that may arise as a result of our site being inaccessible.
You agree that DUG owns the copyrights as well as intellectual property rights and proprietary rights to all of the content, logos, photographs, diagrams (content) of our websites and that any rights not granted to DUG are reserved. You agree to not use any of the website content in any manner without our express written consent.
You must create and log into an account to use some features of DUG’s websites. To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by e-mailing firstname.lastname@example.org.
You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account has been compromised. You agree to notify the company immediately if you suspect your account has been compromised. You agree to select a secure password for your account and keep it secret. DUG may restrict, suspend, or close your account according to its policy for handling copyright-related takedown requests, or if DUG reasonably believes that you’ve broken any rule in these terms.
Nothing in these terms gives DUG ownership rights in intellectual property that you share within DUG’s websites, such as your account information, posts, or other content you submit. Nothing in these terms gives you any ownership rights in DUG’s intellectual property, either.
Between you and DUG, you remain solely responsible for content you submit. You agree not to wrongly imply that content you submit is sponsored or approved by DUG. These terms do not obligate DUG to store, maintain, or provide copies of content you submit, and to change it, according to these terms.
Content you submit belongs to you, and you decide what permission to give others for it. But at a minimum, you license DUG to provide content that you submit to other users of DUG’s websites. That special license allows DUG to copy, publish, and analyze content you submit.
When content you submit is removed, whether by you or by DUG, DUG’s special license ends when the last copy disappears from DUG’s backups, caches, and other systems. Other licenses you apply to content you submit, such as Creative Commons licenses, may continue after your content is removed. Those licenses may give others, or DUG itself, the right to share your content through its websites again. Others who receive content you submit may violate the terms on which you license your content. You agree that DUG will not be liable to you for those violations or their consequences.
Gear-Up Merchandise Store
By visiting our site and/ or purchasing something from us on our Gear-Up merchandise store, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – CONDITIONS FOR USE Your access to use DUG’s websites is subject to the following conditions: (1) you must be at least thirteen (13) years old, (2) you may no longer use the websites if the company contacts you directly to say that you may not, and (3) you must participate on all websites in accordance with these Terms of Service.
SECTION 13 – PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) using or trying to use another’s account without their specific permission, including to impersonate others; or (m) to purchase, sell, or otherwise trade in usernames or other unique identifiers; or (n) to send advertisements, chain letters, or other solicitations or gather addresses or other personal data for commercial mailing lists or databases, including e-mail; or (o) to falsely imply that you’re affiliated with or endorsed by the company; or (p) to hyperlink to images or other non-hyper-text content on other webpages; or (q) to show any part of the website on other websites with <iframe>; or (r) to remove any marks showing proprietary ownership from materials you download; or (s) to strain infrastructure of the site with an unreasonable volume of requests, or requests designed to impose an unreasonable load on underlying information systems. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – ENFORCEMENT DUG may investigate and prosecute violations of these terms to the fullest legal extent. DUG may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms. The company reserves the right to change, redact, and delete content on the forum for any reason. If you believe someone has submitted content on any of DUG’s website in violation of these terms, contact us immediately at email@example.com.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Dynamics User Group, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You accept all risk of using DUG’s websites and content. DUG may hyperlink to and integrate services run by others. DUG does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.
SECTION 16 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Dynamics User Group and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
We have a no return policy on all Gear-Up merchandise store items. Please contact us at firstname.lastname@example.org if merchandise items received are damaged or printed incorrectly. Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and attempt to resolve. Unfortunately, we cannot issue refunds on discounted items or gift cards.
New Features, Tools, Updates or Changes Notice
Any new features or tools which are added to our websites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without notification. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Information We Collect
Dynamic User Group (DUG) understands how important your privacy is to you and we want to ensure that you are comfortable and understand that we take pride in protecting your privacy. This document will explain to you exactly what information we collect when you visit our site and when you place an inquiry on our site. It also explains how we use that information and how you can change how we use it.
If you place an inquiry, register for an event, or sign up for membership or any of the DUG programs we may collect certain personal information from you including your name, address, telephone number, employer name, job title, and email address. This information is considered personally identifiable. This information is protected by the use of a secure web server and is protected by other internal systems that we have in effect.
Information We Collect through Gear-Up Merchandise store
Gear-Up merchandise store Personal Information via Shopify: name, billing address, shipping address, payment information (including credit card numbers, PayPal account information, email address, and phone number, version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the site. Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. Purpose of collection: to load the site accurately for you, and to perform analytics on site usage to optimize our site. When you place an order through our site via Shopify, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your Rights’ section below.
Your Rights for shopping on the Gear-Up Merchandise store
GDPR: If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact us at the information below. Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see https://help.shopify.com/en/manual/your-account/privacy/GDPR
CCPA: If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
Disclosing your information
There are certain cases when we will disclose your personal information. They include (but are not limited to) cases where we are requested to do so by law through a governmental agency, a court order, or if we believe that it is required to be in compliance with any law, enforce our site policies, or protect ours or others rights, property, or safety. We may also need to disclose this information if we believe that you may cause danger to yourself or to others.
Sharing Your Personal Data
Your personal data will be treated as strictly confidential and will be shared with our event partners and sponsors and only to the extent necessary to carry out the services for which we contract such partners and sponsors. Examples include but are not limited to providing contact information to event sponsors, event vendors, and used for mailing conference-related materials.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Each browser that is available has options that allow you to refuse to accept cookies. The help files that are associated with your browser will provide full instructions on how to facilitate this block.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our site. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We set up an email list for the convenience of our visitors. This email list often provides you with advanced notification regarding DynamicsCon event news, Dynamics User Group advertisement and messaging, and other news.
If you are on DUG’s email list and wish to be removed from it you may do so by emailing us at email@example.com. We will remove you as quickly as possible. We ask you to bear with us as this may require a reset of our server. You may receive one or more additional emails before you are removed from the list.
Regular Mailing List
We may also maintain a postal mailing list. You may also remove your name from our postal mailing list by contacting us using the information below. Please include your mailing label with all written requests to ensure that we can locate your information. You may receive one more mailing from us before you are removed from our mailing list.
Please note that email is not data encrypted. Lack of data encryption means that your emails are not considered a secure means of transmitting personal information. We will never ask for sensitive personally identifiable information via email.
If you go to other websites from links on our page(s) they will have different privacy policies, and terms of service. Please understand that DUG is not responsible for the content of any of these other sites. It is up to you as the visitor to that site to ensure that you review their terms of service as well as their privacy policies.
Changes to this policy
Dynamics User Group
PO Box 628104
Middleton, WI 53562
Updated: August 4, 2022