Welcome to the Dynamo Delay website. Momentum Management LLC doing business as Dynamo Delay ("we", "our" or "us") operates this website and all associated domains. By using our website or services, you agree to be bound by these terms.
In order to access some features of the Website or to use certain Services, you may be required to register an account ("Account"). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy.
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for keeping confidential any password that you created and restricting access to your computer. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for our losses or the losses of our third-party content providers, merchants, advertisers, sponsors, service providers, and licensors (collectively, "Dynamo Delay Providers") due to such unauthorized use.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. We also reserve the right to refuse any order you place with us and to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
Your order will be charged in U.S. dollars. When you provide credit card information to us, you represent that you are the authorized user of the credit card. Once your order has been placed, you will receive a confirmation email. Please note that this is not a confirmation that your order has been accepted. We reserve the right not to accept your order for payment, shipping restrictions, or stock reasons.
Your credit or debit card will be charged at the point of dispatch and not before. In the event your order is cancelled, we will attempt to notify you and you will not be charged. If your payment method has already been charged for an order that is later canceled, we will issue you a refund.
Any promotion code issued to you cannot be transferred onto a new order. We do not offer cash or store credit alternatives. All orders and pre-orders are subject to availability. Products are for your own personal use and not for resale.
To ensure the secure delivery of your order, we do not ship orders to post office boxes. We will ship the products you purchase via the shipping method of our choice, on such terms and conditions that we may disclose to you at the time of your purchase.
We do not guarantee the services of any shipping service and delivery dates and times are not guaranteed. During busy times, such as holiday periods and periods of inclement weather, there can be additional processing and shipping delays.
If there is a problem with a delivery, including damage, loss, or late delivery, you agree to hold the shipping service liable. We recommend that you inspect your package for damage immediately upon arrival. At our discretion, we may choose to halt or alter the delivery of an order as a customer service measure or in cases where we suspect fraud.
We are confident that you will love your Dynamo Delay® products, and we stand behind every item we offer. In the event of a return or exchange, the following policy applies:
We do not intend the Website to be used by minors under the age of 18 and specifically prohibit the use of the Website by persons under the age of 18. By using the Website or ordering any products, you represent that you are 18 years of age or older.
The Website is for your personal use only and may not be used in connection with any commercial endeavors, including reselling of products, except those specifically endorsed or approved by us. Any use of the Website or Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, is prohibited.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding the accuracy, completeness, timeliness, reliability, or availability of any content, products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link does not constitute or imply our endorsement of the third party or its content. We reserve the right to disable links from or to third-party sites.
All materials contained on the Website, including graphics, photographs, product designs, text, and look and feel, and all trademarks (including Dynamo Delay® and its logo), copyrights, patents, and other intellectual property rights ("Proprietary Materials"), are owned or controlled by Dynamo Delay, our subsidiaries, affiliated companies, third-party licensors, and/or advertising partners. You may not modify, remove, publish, transmit, create derivative works from, or exploit any Proprietary Materials in whole or in part.
We have endeavored to be as accurate as possible in describing our products; however, there is no warranty that product descriptions or other content is accurate, complete, or error-free. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice.
We may modify or delete any information on the Website at any time. While we value your feedback, our policy does not allow us to accept creative ideas, suggestions, proposals, or product designs other than those we have specifically requested. If you send such materials, you hereby transfer all rights to us for use worldwide in perpetuity with no compensation.
If you believe that any content posted on the Services constitutes an infringement of your copyrights, written notifications should be sent to our Designated Agent by contacting us at 310.446.1632.
To be effective, the notification must include:
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY DYNAMO DELAY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE OPERATION OF THE WEBSITE, THAT USE WILL BE SECURE OR ERROR-FREE, OR THAT THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID IN THE 180 DAYS PRECEDING YOUR CLAIM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Website is intended solely for users within the United States of America. If you choose to access the Website from outside the United States, you do so at your own risk and are responsible for compliance with any applicable laws.
The Website is created and controlled in the State of California. The laws of the State of California will govern these Terms of Use. You consent to submit to the exclusive jurisdiction of the courts of the State of California for any litigation arising out of or relating to use of or purchases made through the Website.
Any controversy or claim arising out of or relating to this Agreement shall be determined by binding arbitration conducted by a single arbitrator in accordance with the JAMS Comprehensive Arbitration Rules and Procedures in Los Angeles, California. The arbitrator shall render a decision within twenty (20) days after the conclusion of hearings, issue a written opinion, and apply the substantive law of California or federal law as applicable. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall allocate costs and expenses to the parties in proportions reflecting their relative success on the merits.
You agree to indemnify and hold us, the Dynamo Delay Providers, our subsidiaries, affiliates, and our respective officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of your use of the Website or Services in violation of this Agreement.
If any provision of this Agreement is held invalid or unenforceable, such provision shall be ineffective to the extent of such invalidity without affecting the remaining provisions.
This Agreement represents the entire understanding between you and us and supersedes any prior statements or representations. By using the Website, you agree to be bound by this Agreement. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision.
We reserve the right to make changes to the Website, posted policies, and these Terms of Use at any time without notice.