These terms and conditions outline the rules and regulations for the use of Dynoblox Corporation's Website.
312 Alexis Dr , Smyrna
Dynoblox Corporation is located at:
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH DYNOBLOX CORPORATION. PLEASE READ IT.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Dynoblox Corporation's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States of America. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Dynoblox Corporation and/or it’s licensors own the intellectual property rights for all material on Dynoblox Corporation. All intellectual property rights are reserved. You may view and/or print pages from https://www.dynoblox.cf for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Redistribute content from Dynoblox Corporation (unless content is specifically made for redistribution).
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
No use of Dynoblox Corporation’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS SET FORTH BELOW. If you do not reject this arbitration agreement, for a Claim subject to arbitration, neither you nor we will have the right to: (1) have a court or jury decide the Claim; (2) engage in information-gathering
(discovery) to the same extent as in court; (3) participate
in a class action in court or in arbitration; or (4) join or
consolidate a Claim with claims of any other person. The
right to appeal is more limited in arbitration than in court
and other rights in court may be unavailable or limited in
Claims Subject to Arbitration. A "Claim" subject to arbitration is
any claim, dispute or controversy between you and us (other than
an Excluded Claim or Proceeding as set forth below), whether
preexisting, present or future, which arises out of or relates
to the Account, these rules and regulations, any transaction
conducted with us in connection with the Account or these rules
and regulations, or our relationship. "Claim" has the broadest
possible meaning and includes initial claims, counterclaims,
cross-claims, third- party claims and federal, state, local
and administrative claims. It includes disputes based upon
contract, tort, consumer rights, fraud and other intentional torts,
constitution, statute, regulation, ordinance, common law and
equity and includes claims for money damages and injunctive
or declaratory relief. "Claim" also includes disputes concerning
communications involving telephones, cell phones, automatic
dialing systems, artificial or prerecorded voice messages, text
messages, emails or facsimile machines and alleged violations
of the Telephone Consumer Protection Act and other statutes
or regulations involving telemarketing. Upon the demand of you
or us, Claim(s) will be resolved by individual (not class or classwide) binding arbitration in accordance with the terms specified
in this arbitration agreement.
Special Definition of "We," "Us" and "Our." Solely for purposes
of this arbitration agreement, the terms "we," "us" and "our," in
addition to the meanings set forth in these rules and regulations,
also refer to SunTrust’s employees, officers, directors, parents,
controlling persons, subsidiaries, affiliates, successors and
assigns. "We," "us" and "our" also apply to third parties if you
assert a Claim against such third parties in connection with a
Claim you assert against us.
Excluded Claim or Proceeding. Notwithstanding the foregoing,
"Claim" does not include any dispute or controversy about the
validity, enforceability, coverage or scope of this arbitration
agreement or any part thereof (including, without limitation, the
Class Action Waiver set forth below this sentence, and/or the
last sentence of the Survival and Severability paragraph below);
all such disputes or controversies are for a court and not an
arbitrator to decide. However, any dispute or controversy that
concerns the validity or enforceability of the rules and regulations
as a whole is for the arbitrator, not a court, to decide. In addition,
the following claims or proceedings will not be subject to this
arbitration agreement: (1) any individual action brought by you or
us in small claims court or your state’s equivalent court, unless
such action is transferred, removed, or appealed to a different
court; (2) the exercising of any self-help rights, including set-off
as described in the paragraph below titled "Right of Offset and
Security Interest," or (3) any individual action in court by one
party that is limited to preventing the other party from using a selfhelp remedy and that does not involve a request for damages or
monetary relief of any kind. The institution and/or maintenance
of any such right, action or litigation shall not constitute a waiver
of the right of either of the parties to compel arbitration regarding
any other dispute subject to arbitration pursuant to this arbitration
agreement. Moreover, this arbitration agreement will not apply
to any Claims that are the subject of (a) a class action filed in
court that is pending as of the effective date of this arbitration
agreement in which you are alleged to be a member of the
putative class (however, you and we will continue to be bound
by any prior version of this arbitration agreement) or (b) a motion
to compel arbitration filed by us against you before the effective
date of this arbitration agreement pursuant to a prior version of
this arbitration agreement (however, you and we will continue to
be bound by any prior version of this arbitration agreement).
Federal Arbitration Act. Notwithstanding any choice of law or
other provision in these rules and regulations, the parties agree
and acknowledge that this agreement evidences a transaction
involving interstate commerce and that the Federal Arbitration
Act (Title 9 of the United States Code) ("FAA") shall govern its
interpretation and enforcement and proceedings pursuant thereto.
To the extent state law is applicable under the FAA, the law of the
state governing your account relationship with us shall apply.
Class Action Waiver. Notwithstanding any other provision
of these rules and regulations, if either you or we elect to
arbitrate a Claim, neither you nor we will have the right: (a) to
participate in a class action, private attorney general action or
other representative action in court or in arbitration, either as a
class representative or class member; or (b) to join or consolidate
Claims with claims of any other persons. No arbitrator shall have
authority to conduct any arbitration in violation of this provision.
(Provided, however, that the Class Action Waiver does not apply
to any lawsuit or administrative proceeding filed against us by a
state or federal government agency even when such agency is
seeking relief on behalf of a class of borrowers including you.
This means that we will not have the right to compel arbitration of
any claim brought by such an agency).
Arbitration Procedures. If you or we elect to arbitrate a Claim,
the electing party must notify the other party in writing. This notice
can be given after the beginning of a lawsuit and can be given in
papers filed in the lawsuit. Otherwise, your notice must be sent
to Dynoblox Corporation Legal Department, Attn: General Counsel-Arbitration Election, 312 Alexis Dr, Smyrna, TN 37167-5569, and our notice must be sent
to the most recent address for you in our files. Any arbitration
hearing that you attend must take place in a venue reasonably
convenient to you. If a party files a lawsuit in court asserting
Claim(s) that are subject to arbitration and the other party files
a motion to compel arbitration with the court which is granted,
it will be the responsibility of the party prosecuting the Claim(s)
to commence the arbitration proceeding with an arbitration
administrator in accordance with this arbitration agreement and
the administrator’s rules and procedures. Even if all parties have
opted to litigate a Claim in court, you or we may elect arbitration
with respect to any Claim made by a new party or any Claim later
asserted by a party in that or any related or unrelated lawsuit
(including a Claim initially asserted on an individual basis but
modified to be asserted on a class, representative or multi-party
basis). Nothing in that litigation shall constitute a waiver of any
rights under this arbitration agreement.
A single arbitrator will be appointed by the administrator and,
unless you and us agree otherwise, must be a practicing
attorney with ten or more years of experience or a retired judge.
The arbitrator will not be bound by judicial rules of procedure
and evidence that would apply in a court, nor by state or local
laws that relate to arbitration provisions or proceedings. The
arbitrator will honor and enforce statutes of limitation and claims
of privilege recognized under applicable law. In determining
liability or awarding damages or other relief, the arbitrator will
follow the applicable substantive law, consistent with these rules
and regulations and the FAA, that would apply if the matter had
been brought in court. The arbitrator may award any damages
or other relief or remedies that would apply under applicable law
to an individual action brought in court. For Claim(s) that total
less than $75,000 and at your written request, we will pay all
filing, hearing and/or other fees charged by the administrator
and arbitrator to you for Claim(s) asserted by you in arbitration
after you have paid an amount equivalent to the fee, if any, for
filing such Claim(s) in state or federal court (whichever is less)
in the judicial district in which you reside. If you have already
paid a filing fee for asserting the Claim(s) in court, you will not be
required to pay that amount again. In addition, the administrator
may have a procedure whereby you can seek a waiver of fees
charged to you by the administrator and arbitrator. We will always
pay any fees or expenses that we are required to pay by law or
the administrator’s rules or that we are required to pay for this
arbitration agreement to be enforced. The arbitrator will have the authority to award attorneys and expert witness fees and costs
to the extent permitted by either these rules and regulations, the
administrator’s rules or applicable law. The arbitrator shall award
you your reasonable attorneys’ and expert witness fees and
costs (a) if and to the extent you prevail on Claim(s) you assert
against us in an individual arbitration commenced by you, or (b)
to the extent required under applicable law for this arbitration
agreement to be enforced. The arbitrator shall write a brief
explanation of the grounds for the decision. A judgment on the
award may be entered by any court having jurisdiction.
Survival and Severability. This arbitration agreement shall
survive the closing of your Account and the termination of any
relationship between us, including the termination of these rules
and regulations. If any part of this arbitration agreement, is deemed
or found to be unenforceable for any reason, the remainder shall
be enforceable, except that: (a) The parties to these rules and
regulations acknowledge that the Class Action Waiver is material
and essential to the arbitration of any disputes between the parties
and is non-severable from this arbitration agreement. If the Class
Action Waiver is limited, voided or found unenforceable as to any
Claim(s), then the parties’ arbitration agreement (except for this
sentence) shall be null and void with respect to such Claim(s) (but
not as to any other Claim(s) that have been or are later brought),
subject to the right to appeal the limitation or invalidation of the Class
Action Waiver. The parties acknowledge and agree that under no
circumstances will a class action be arbitrated; and (b) If a Claim
is brought seeking public injunctive relief and a court determines
that the restrictions in the paragraph titled "Class Action Waiver"
or elsewhere in this agreement prohibiting the arbitrator from
awarding relief on behalf of third parties are unenforceable with
respect to such Claim (and that determination becomes final after
all appeals have been exhausted), the Claim for public injunctive
relief will be determined in court and any individual Claims seeking
monetary relief will be arbitrated. In such a case the parties will
request that the court stay the Claim for public injunctive relief
until the arbitration award pertaining to individual relief has been
entered in court. In no event will a Claim for public injunctive relief
Effect of Arbitration Award. The arbitrator’s award shall be final
and binding on all parties, except for any right of appeal provided
by the FAA. However, if the amount of the Claim exceeds
$150,000 or involves a request for injunctive or declaratory
relief that could foreseeably involve a cost or benefit to either
party exceeding $150,000, any party can, within thirty (30) days
after the entry of the award by the arbitrator, appeal the award
to a three- arbitrator panel administered by the Administrator.
The panel shall reconsider anew any aspect of the initial award
requested by the appealing party. The decision of the panel shall
be by majority vote. Reference in this arbitration provision to "the
arbitrator" shall mean the panel if an appeal of the arbitrator’s
decision has been taken. The costs of such an appeal will be
borne in accordance with the above paragraph titled "Arbitration
Procedures." Any final decision of the appeal panel is subject to
judicial review only as provided under the FAA. No arbitration
award involving the parties will have any preclusive effect as
to issues or claims in any dispute involving anyone who is not
a party to the arbitration, nor will an arbitration award in prior
disputes involving other parties have preclusive effect in an
arbitration between the parties to this agreement.
Notice and Cure; Special Payment. Prior to initiating a Claim,
you may give us a written Claim Notice describing the basis of
your Claim and the amount you would accept in resolution of the
Claim, and a reasonable opportunity, not less than thirty (30) days,
to resolve the Claim. Such a Claim Notice must be sent to us by certified mail, return receipt requested, at Dynoblox Corporation Legal Department, Attn: General Counsel-Arbitration Election, 312 Alexis Dr, Smyrna, TN 37167-5569. This is the sole and only method by which you can submit
a Claim Notice. If (i) you submit a Claim Notice in accordance
with this Paragraph on your own behalf (and not on behalf of any
other party); (ii) you cooperate with us by promptly providing the
information we reasonably request; (iii) we refuse to provide you
with the relief you request; and (iv) the matter then proceeds to
arbitration and the arbitrator subsequently determines that you
were entitled to such relief (or greater relief), you will be entitled to
a minimum award of at least $7,500 (not including any arbitration
fees and attorneys’ fees and costs to which you will also be
entitled). We encourage you to address all Claims you have in a
single Claim Notice and/or a single arbitration. Accordingly, this
$7,500 minimum award is a single award that applies to all Claims
you have asserted or could have asserted in the arbitration, and
multiple awards of $7,500 are not contemplated.
Right to Reject Arbitration Agreement. You may reject this
arbitration agreement and therefore not be subject to being
required to resolve any claim, dispute or controversy by arbitration.
To reject this arbitration agreement, you and only you personally,
must send us written notice of your decision so that we receive
it at the address listed below within forty-five (45) days of the
opening of your Account. Such notice must include a statement
that you wish to reject the arbitration agreement section of these
rules and regulations along with your name, address, Account
name, Account number and your signature and must be mailed to
the Dynoblox Corporation Legal Department, Attn: Arbitration Rejection,
312 Alexis Dr. This is
the sole and only method by which you can reject this arbitration
agreement and any attempt to reject this arbitration agreement by
any other person or through any other method or form of notice,
including the filing of a lawsuit, will be ineffective. You agree that
your rejection of this arbitration agreement shall not be imputed
to any other person or entity or be deemed to be a rejection of
this arbitration agreement by any person or entity other than you.
Nor shall your rejection of this arbitration agreement eliminate
the obligation of other persons or entities who wish to reject this
arbitration agreement to personally comply with the notice and
time requirements of this paragraph. Rejection of this arbitration
agreement will not affect any remaining terms of these rules and
regulations and will not result in any adverse consequence to
you or your Account. You agree that our business records will
be final and conclusive with respect to whether you rejected
this arbitration agreement in a timely and proper fashion. This
arbitration agreement provision will apply to you and us and
to your Account unless you reject it by providing proper and
timely notice as stated herein.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY
MATTERS NOT SUBMITTED TO ARBITRATION, YOU
AND THE COMPANY HEREBY KNOWINGLY, VOLUNTARILY,
INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT
TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION
ARISING OUT OF THESE RULES AND REGULATIONS,
RELATING TO THE ACCOUNT, OR ANY OTHER DISPUTE
OR CONTROVERSY BETWEEN YOU AND US OR ANY
OF THE COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS,
PARENTS, CONTROLLING PERSONS, SUBSIDIARIES,
AFFILIATES, SUCCESSORS AND ASSIGNS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, YOU
AND THE COMPANY HEREBY AGREE THAT ANY LITIGATION ARISING
OUT OF THESE RULES AND REGULATIONS, RELATING TO
THE ACCOUNT, OR ANY OTHER DISPUTE OR CONTROVERSY
BETWEEN YOU AND US OR ANY OF THE COMPANY’S EMPLOYEES,
OFFICERS, DIRECTORS, PARENTS, CONTROLLING
PERSONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND
ASSIGNS WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL
NOT PROCEED AS PART OF A CLASS ACTION, COLLECTIVE
ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE ACTION AND YOU AND THE COMPANY HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY
AND IRREVOCABLY WAIVE ANY RIGHT TO PROCEED IN A
CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY
GENERAL ACTION OR OTHER REPRESENTATIVE ACTION OR
TO SERVE AS A CLASS REPRESENTATIVE.
Address: 312 Alexis Dr, Smyrna, TN 37167-5569
Email: [email protected]