Terms of Service
DyMar is on a mission to make a better place. We hope you love our products and services — from Residential Subdivision design to waste water management to our ecological solutions for companies and entities to the next great idea that we haven’t even thought of yet — as much as we love creating them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms and Conditions, don’t use our services.
Terms of Service
These Terms govern your access to and use of the products and services we provide through or for
For some of our other products, services, and programs additional or separate terms may apply.
Please read these Terms carefully before accessing or using our services. By accessing or using any part of our services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish. You also agree that we may automatically change, update, or add on to our services, and this Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our services. If you use our services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
2. Your Account
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates, or to let you know about legal inquiries or complaints we receive so you can make informed choices in response.
We may limit your access to our Services until we’re able to verify your account information, like your email address.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
4. Fees and Payments
a. Automatic Fees
Fees for Paid Services. Some of our Services are offered for a fee, (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, we’ll bill or charge you in the automatically renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, paid services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for paid services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to paid services without notice to you.
Automatic Payments. To ensure uninterrupted service, recurring paid services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable fee as well as any Taxes. If you’ve purchased access to multiple services, you may have multiple renewal dates.
To review dates and manage accounts for any Paid Services, please consult the respective Service’s support team.
You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for services that were previously free, or remove or update features or functionality that were previously included in the fees.
No-Show Policy. We may have a “no-show policy” for some Paid Services that require your participation. For instance, this may mean that if you don’t show up or are late for a scheduled session, you’ll still be charged and won’t be entitled to a refund.
Refunds. We may have a refund policy for some of our paid services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds, and all payments are final.
b. Website Owners
Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), at specific price points and intervals, or simply collect payments. We’re not involved in subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Automatic Renewal. Any recurring payments you make to a website owner are automatically renewed. This means that unless you or the website owner cancels your subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original period.
Refunds. If you’d like to request a refund, please contact the website owner. If you have a complaint please contact the website owner, you can contact us.
We love hearing from you and are always looking to improve our client relationships. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
6. General Representation and Warranty
Our mission is to make it Better by Design, and our Services are created to give you control and ownership. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement.
- Will comply with all applicable laws and regulations (including but not limited to, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).
- Will not be for any unlawful purposes, or in furtherance of illegal activities.
- Will not infringe or misappropriate the intellectual property rights of DyMar or any third party.
- Will not disclose the personal information of others.
- Will not be used to send spam or bulk unsolicited messages.
- Will not interfere with, disrupt, or attack any service or network.
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code.
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the services or any related technology.
- Will not involve renting, leasing, loaning, selling, or reselling the services or related data without our consent.
8. Specific Terms
a. Our Websites and Accounts
License. By uploading or sharing content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the content solely for the purpose of providing and improving our products and services and promoting DyMar. This license also allows us to make any publicly-posted content available to select third parties so that these third parties can analyze and distribute the content through their services. You also give other users permission to share your content on other websites and add their own content to it, so long as they use only a portion of your post and they give you credit as the original author by linking back to your website.
Removing Content. If we or you delete content, we’ll use reasonable efforts to remove it from public view, but you acknowledge that cached versions of the content or references to the content may not be immediately unavailable.
Prohibited Uses. Your Content and conduct must not violate any of DyMar’s policies or terms and conditions.
Advertisements. We may display advertisements on our website.
Attribution. We may display attribution text or links or attribute the creator of various items. For more details about these attributions, and under which circumstances (if any) you may alter or remove them, please contact us.
We may terminate your access to our services without notice to you if we determine (in our sole discretion) that your use violates this agreement, or regulatory authority requires it.
Fees and Negative Balances. In some cases, you pay us fees relating to the services you use.
If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we’re obligated to pay or collect any fees relating to your activities or your use of our services, you’re responsible for those losses and fees, and we may collect payment for those losses and fees.
Tax Calculations. You’re responsible for payment of all applicable Taxes relating to your activities and your use of the services we may provide. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices. While some services allow you to include sales taxes in transactions, you shouldn’t rely solely on these features. We work to keep our documents and tools up to date, but tax laws change rapidly; and we can’t guarantee that tax calculations you receive through or in connection with our services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge.
If we’re obligated to pay or collect taxes on your activities or your use of our services, you’re responsible for these taxes, and we may collect payment for them from you.
We may not be involved in these relationships but may facilitate transactions or communication.
We may refuse, condition, or suspend any transaction or account if we believe you have violated this agreement or that your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
Unless a refund is required, there are no refunds and all transactions are final.
You’re solely responsible for compliance with all applicable rules and regulations, including domestic and international and customs regulations and any regulations imposed for services rendered.
9. Copyright Infringement and Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any content violates copyright, please send us a notice.
10. Intellectual Property
The Agreement doesn’t transfer any intellectual property or third-party intellectual property to you, and all right, title, and interest in and to such property remains solely with DyMar. DyMar’s and all trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks. Other trademarks, service marks, graphics, and logos used in connection with our services may be the trademarks of other third parties. Using our services doesn’t grant you any right or license to reproduce or otherwise use any third-party trademarks.
11. Third-Party Services
While using our services, you may enable, use, or purchase services, products, software, embeds, or applications provided or manufactured by a third party or yourself.
If you use any Third-Party Services, you understand that:
- Third-Party Services aren’t vetted, endorsed, or controlled by DyMar.
- Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party and is governed by the Third Party’s terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
We may update, change, or discontinue any aspect of our services at any time. Since we’re constantly updating our services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of DyMar, or if DyMar posts a revised version. Your continued use of our services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our services.
Our services are provided “as is.” DyMar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DyMar, nor its suppliers and licensors, makes any warranty that our services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services at your own discretion and risk.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our services will be governed by the laws of the state of Connecticut, U.S.A. The proper venue for any disputes arising out of or relating to the agreement and any access to or use of our services that are not otherwise subject to arbitration will be the state and federal courts located in Connecticut.
17. Limitation of Liability
In no event will DyMar, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or any fees paid by you to under the Agreement. DyMar shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless DyMar, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the services, content, and any other activities conducted through your use of this website.
19. US Economic Sanctions
You may not use the services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific service) constitutes the Terms and Conditions Agreement between DyMar and you concerning our services as it pertains to the website. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
DyMar may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.