These Terms of Use govern the use of the DYNA Force remote-data-access system. By accessing or using the System, the users acknowledge and agree to these Terms.
The System is being licensed, not sold. By using the System, the users expressly acknowledge no reasonable expectation of privacy regarding web activity conducted on the System, except as specifically provided by law and the DYNA Force System Manual.
The System is being licensed “as-is”. The users bear the risk of using it. DYWIDAG gives no warranties, guarantees, or conditions other than those specifically provided herein. To the extent permitted under applicable law, DYWIDAG excludes all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
The users agree to comply with the DYNA force operation and maintenance manual and the stay cable system maintenance manual. Any violation of these, or misuse of the system, constitutes a material breach which may result in immediate suspension of system access.
The users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. Passwords must be kept confidential and not disclosed to unauthorized individuals. The users must take reasonable steps to prevent unauthorized access, including not sharing or exposing their credentials to third parties. Any activity conducted under a user’s login is considered authorized unless the user promptly notifies DYWIDAG of unauthorized use. The users must immediately notify DYWIDAG if they suspect or become aware of unauthorized access or a compromised password. The users shall maintain the security of the devices used to access the System, including the use of firewalls, antivirus software, secure internet connections, and other appropriate safeguards
The monitoring data may be used for detecting, preventing, and responding to threats to the Bridge’s structural soundness. The data may be shared as appropriate and lawful, with internal teams, regulators, or law enforcement.
The users acknowledge that there are inherent limitations with the force measurement technologies used to provide the Service. No liability is accepted by DYWIDAG for any loss or damage arising from reliance on these results beyond the reasonable limits of the technologies employed. Independent verification and professional judgment are strongly recommended before undertaking any consequential actions based on these technologies.
The Company may modify, enhance, or replace the monitoring System at any time.
Material changes to these Terms or to monitoring practices will be communicated as required by policy or law. The users are strictly prohibited from, and shall not attempt to modify, alter, adapt, translate, decompile, disassemble, reverseengineer, or create derivative works based on the System; disable, bypass, interfere with, or otherwise compromise any monitoring, access control, or security features; or manipulate, falsify, or delete any logs or data generated by the System. Any attempt to modify or disrupt the operation of the System is strictly prohibited and may result in disciplinary action, loss of System access, and/or legal liability to the User.
Violations of these Terms or related policies may result in loss of System access and legal action if warranted.
Any disputes relating hereto are governed by, and construed in accordance with, the laws of the State of Illinois, without regard to the conflict of laws’ provisions of such State. Any legal suit, action, or proceeding relating to this Agreement may only be brought in the United States District Court for the Northern District of Illinois or any state court located in DuPage County, Illinois. Users irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
The User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Users’ violation of these Terms; misuse of the System; or violation of any applicable law or regulation.
If, despite the preceding disclaimer of warranty, the users have any basis for recovering damages, the users can recover from DYWIDAG and its suppliers only Direct Damages up to one month of the monitoring service fee paid to Dywidag. The users cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Company knew or should have known about the possibility of the damages.
However, the above limitations or exclusions may not apply to a particular user if its state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
The users acknowledge that the term “DYNA Force” is a registered trademark of Dywidag Systems International, USA, Inc., or its affiliates and shall only be used with appropriate attribution and consent of the Company
The users acknowledge that DYWIDAG has subcontracted the provision and maintenance of the System with the third-party provider Intelligent Instrument System, Inc. (“IIS”). IIS is the owner of the registered trademark "EM Sensor" which shall only be used with appropriate attribution and consent of IIS.