1. Privacy Policy. This Privacy Policy (this“Privacy Policy”) of DAMN GOOD DAY, LLC, a Florida limited liability company (“Company,” “we,” “us,”and “our”), explains how we collect and use your PersonalInformation (as defined below) when you access or interact with our websites, including those in the domain DamnGoodDay.com (the “Website”),and the choices you can make about that Personal Information. Please carefully review this Privacy Policy. By using our Website, you acknowledge that you accept this Privacy Policy. If you do not accept this Privacy Policy, you may not access the Website.
A. This Privacy Policy governs your access toand use of DamnGoodDay.com, including any content, functionality and servicesoffered on or through our Website, whether as a guest or a registered user. Whenaccessing the Website, the Company will learn certain information about you,both automatically and through voluntary actions you may take, during yourvisit. This Privacy Policy applies to information we collect on the Website andin email, text, or other electronic messages between you and the Website. Forpurposes of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable natural person, such as first and last name, address, email address, company and department, and other types of contact information. An identifiable natural person is a person who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
B. By visiting this Website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this Privacy Policy. Visitors to the Website may use many of the Website’s features without providing any Personal Information, however in some instances we may request that our Website visitor provide certain Personal Information to facilitate further communications. In such instances we collect, use, disclose, and transfer and store Personal Information to the extent necessary for certain business purposes as detailed in this Privacy Policy..
C. We reserve the right to change thisPrivacy Policy from time to time without notice. If we make changes to thisPrivacy Policy, we will post the revised Privacy Policy on the Website. Youacknowledge and agree that it is your responsibility to review this PrivacyPolicy periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions..
2. Information We Collect About You. When accessing or interacting with ourWebsite, you may be asked to provide us with certain Personal Information. For example, in order to access certain portions of our Website or request information about our products, you may be asked to provide your contact information (e.g., name, institution/company and department, phone number, email address, zip or postal code, etc.). We do not collect, store, or transmit credit card or payment information.
A. Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, freebies, resources, webinar registrations, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information. From time-to-time, we may use the Personal Information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information. From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.
B. Information We Collect Through Automatic Data Collection Technology. As you navigate through our Website, we may use automatic data collection technologies including GoogleAnalytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type. The information we collect automatically is used for statistical data and will not include Personal Information. We use this data to improve your experience on our Website and/or to facilitate our efforts to market our products and services. To the extent that you voluntarily provide Personal Information to us, our systems will associate the automatically collected information with your Personal Information.
3. Automatic Data Collection Technologies. The technologies we use for this automatic data collection may include:
A. Cookies (or Browser Cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of ourWebsite or certain aspects of our Website may not function properly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.
B. Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, you may be unable to access certain parts of our Website or certain aspects of our Website may not function properly.
C. Web Beacons. Pages of the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to, among other things, count visitors who have visited those pages and for other related Website statistics.The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. TheCompany reserves the right to use these pixels in compliance with the policies of the various social media sites.
D. We do not collect any Personal Information automatically, but we may tie the non-Personal Information described above toPersonal Information about you that we have collected from other sources or that you provide to us. With respect to any third-party technologies used ourWebsite, it is important to note that we do not control the tracking technologies those third parties use nor do we control how such third parties will use the information they obtain from those tracking technologies. These third-party technologies may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use ourWebsite. The information collected by these third-party technologies may be associated with your Personal Information or about your online activities overtime and across different websites and other online services. These third-party technologies may use this information to provide you with interest-based(behavioral) advertising or other targeted content.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.
4. Third Party Use Of Cookies. Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities overtime and across different websites and other online services. Such third-parties may use this information to provide you with interest-based(behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
5. Links to Third Party Websites.Our Website may contain links to third-party websites, or may give you access to applications, software, or products provided by third parties. Please understand that those third-party websites and products may have different terms of use and privacy policies, and we do not control and are not responsible for the content of such websites or the privacy practices of such third parties. We are also not responsible for the terms of use you may be required to agree to in order to use such third-party websites and products. As such, you should review any applicable third-party terms of use and privacy policies prior to using those third-party websites and products.
6. Google Analytics. We use a tool called “Google Analytics” to collect information about the use of our Website and to study the browsing behavior of visitors to our Website. This is a website analytics service provided by Alphabet Inc. (“Google”). Google Analytics collects information on anonymous basis, such as the number of visitors to this site, their country, region and city of origin, the type of browser and operating system they are using, the date, time and duration of visits, the pages consulted, and what other websites they visited prior to coming to our Website. We use the information we get from Google Analytics to improve our Website. GoogleAnalytics collects only the IP address assigned to you on the date you visit our Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Website, the cookie cannot be used by anyone but Google.Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the GoogleAnalytics Terms of Use (as amended) and the Google Privacy Policy. You may opt‐out of Google Analytics by installing the Google Analytics opt‐out browser add‐on or by configuring your browser settings to block the use of cookies.
7. Protection of User Information. We employ reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors. Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk.Some of the information you may enter on our Website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email. TheCompany may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our Website, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
8. Email Information. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our Website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
9. Email Policies. We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in Section 11.We will maintain the information you send via e-mail in accordance with applicable federal law. In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by using the “unsubscribe”link at the bottom of all emails, if and when available, or by contacting us using the contact information provided in Section 18.
10. Use of YourPersonal Information. We may use Personal Information we collect for the following business purposes:
· To improve and market our business, products and services;
· To respond to general inquiries regarding our business or products;
· To provide you with news, marketing and event communications about our business and products;
· To verify your identity;
· To comply with legal obligations, including the prevention, detection and/or investigation of fraud, abuse, security incidents and any harmful activity; and
· To ensure the adequate performance of any contract we may have with you.
11. Disclosure of Your Information. As a general rule, we do not sell, rent, lease or otherwise transfer any PersonalInformation collected either automatically or through your voluntary action. We may disclose your Personal Information to our subsidiaries, affiliates, and our contractors, service providers and other partners (including without limitation, hosting and platform providers), who support our Website or our business or who process payments on our behalf. We may also share your PersonalInformation with service providers who provide data analysis services, customer relationship management solutions, and B2B marketing automation solutions so that we can effectively manage our relationship with you as a customer and inform you about our products that may be of interest to you. We may disclose your Personal Information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company. We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business. We may disclose information when legally compelled to do so, in other words, when we,in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.
12. Storage and Retention of Personal Information. We may transfer, store, and process your PersonalInformation with service providers based in the United States. If you visit ourWebsite from outside the United States, your Personal Information will be transferred to the United States. You acknowledge that United States laws may differ from, and not offer the same level of data protection as, the laws applicable to your country of residence. We take reasonable physical, electronic, and administrative safeguards to help protect the PersonalInformation we collect from unauthorized or inappropriate access or use. We generally retain Personal Information for as long as needed for the specific business purpose(s) for which it was collected. In some cases, we may be required to retain Personal Information for a longer period of time based on laws or regulations that apply to our business or for other necessary business purposes.
13. Access and Control of Your Personal Information. You have the right to request access to your Personal Information we have on file by contacting us using the contact information provided in Section18. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending you a copy of your Personal Information electronically within sixty (60) days of our receipt of your request. In addition, we will promptly comply with any request you make to update, correct, or delete yourPersonal Information or suspend processing of your Personal Information, subject to and in accordance with our rights and obligations under applicable law. Please contact us using the contact information provided in Section18 with any such requests. If you are not satisfied with the way that we manage your Personal Information, you have the right to make a complaint to the applicable data protection authorities.
14. CustomerForums. If you use a customer forum on the Website, you should be aware that any personally identifiable information you submit there can be read, collected or used by other visitors of these forums and could be used to send you unsolicited messages. We are not responsible for the information you choose to submit in these forums.
15. Children Under The Age Of 13. The Website is not intended for children under 13 years of age. No one under age 13may provide any information to or on the Website. We do not knowingly collectPersonal Information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us using the contact information provided in Section 18.
16. Do Not Track. Our Website does not support Do Not Track at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.
17. Special Notice to California Residents. Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of PersonalInformation shared. We do not share any information about you to third parties for marketing purposes; however, to make such a request, please contact us using the contact information provided in Section 18 and provide us with your name, address, and email address. We will respond to you within thirty(30) days of receiving such a request.
18. Contact Us. If you have any questions, comments, or notices regarding this Privacy Policy, you may contact us by emailing us at support@damngoodday.com
Version Control
Version 1: Effective March 24, 2020
Version 2: Effective December 15, 2022
This User Agreement (this“User Agreement”) of DAMN GOOD DAY, LLC, a Florida limitedl iability company (“Company,” “we,” “us,”and “our”),governs your access to and use our websites, including those in the domain DamnGoodDay.com (the “Website”), including any content, functionality and services offered on or through our Website, whether as a guest or a registered user. When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. By visiting this Website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this UserAgreement. If you do not accept this User Agreement, you may not access the Website.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions contained herein.
1. Privacy Policy. In conjunction with thisUser Agreement, please also carefully review our Privacy Policy (the “Privacy Policy”), which also applies to your use of the Website.
2. General Disclaimers.
A. The information contained on this Website and the products offered hereby is for education purposes only. Such information is designed to help you understand the specific material covered. It is not an attempt to render tax, legal, or business advice.
B. This is not a business opportunity. How you use the information is entirely up to you. While every effort has been made to accurately represent the information along with the opinions and insights of the Company, any claims made or examples given, although believed to be accurate, should not be relied on in any way in making a decision whether or not to purchase
C. Any testimonials and/or examples used herein are exceptional results, in no way apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results.
D. The income or financial examples given herein are in no way meant as a representation of actual or possible earnings, nor are they meant as an inducement, promise, guarantee or prediction of income of any kind. No income claims, promises, predictions or guarantees are made of any kind. Any reference to specific income or dollar amounts are NOT done so to imply that you should expect to have, or will experience, similar success.
E. The Company has no way of knowing how much money (if any) you can or will make with the information provided hereby. As a result, the Company is in no way promising, predicting, implying or even hinting that you will make any money from your personal and professional endeavors derived from the information provided hereby.
F. Results generated in the examples utilized herein have come from (i) intimate and unique knowledge of the respective businesses set forth in such examples, (ii) a compelling call to action, (iii) a truly unique selling proposition, (iv) implementation of applicable parts of the respective information provided hereby, and (v)repeated trial and effort. If you are unwilling or unable to perform all of the above, do not purchase this product. Even if you perform all of the above, it is no guarantee of results of any kind. Every business or marketing venture involves some degree of risk and your success and/or failure will depend entirely upon your background, dedication, desire and motivation, as well as other factors known, unknown, and beyond your control.
3. Responsible Use and Conduct
A. By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”),you agree to use these Resources only for the purposes intended as permitted by(a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:
i. In order to access ourResources, you may be required to provide certain information about yourself(such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
ii. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
iii. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
iv. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
v. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
vi. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
vii. We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
a. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
b. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
c. Contains any type of unauthorized or unsolicited advertising.
d. Impersonates any person or entity related to the Company and its affiliates, its employees or representatives.
viii. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. Posting anything derogatory or negative on the internet that mentions the word scam or anything that reflects on our company’s brand image in a negative way for marketing purposes can result in us requesting you alter your advertising. If you do not comply further actions may include but are not limited to an immediate termination of your affiliate partner status with our company and you forfeiting any pending commissions.
ix. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of the Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit.This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by this User Agreement.
x. You agree to indemnify and hold the Company harmless and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement.In such event, you shall provide us with such cooperation as is reasonably requested by us. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website, with the delay or inability to use this Website, or for any information, materials, software, products and services obtained through this Website or otherwise arising out of the use of this Website for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked website.
4. No Warranties.
A. The Website is provided by the Company on an “as is”and “as available” basis. To the maximum extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, or materials included on the Website. TheCompany, or any of its respective affiliates, or products offered thereby, make no representations or warranties in relation to this Website or the information and materials provided herein. The Company makes no representation about the suitability of the information, software, materials, products or services contained or discussed on this Website for any purpose. All such information, software, materials, products or services are provided"as is" to the fullest extent permissible by law without warranty of any kind and all warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, are expressly disclaimed.
B. Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that (i) this Website will be constantly available, or available at all; or (ii) the information on this Website is complete, true, accurate or non-misleading. We do not warrant that access to or use of our Website will be uninterrupted or error-free or that defects in the Website will be corrected. Except to the extent prohibited by applicable law, in no event will the Company or its officers, directors, employees, agents or other representatives be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to or use of the Website, Website-related services or any information, content, or materials included on the Website. You assume total responsibility and risk for your use of our Website, Website-related services, and linked Websites. We do not warrant that files available for download will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security. Any claims arising in connection with your use of the Website or any products purchased through the Website must be brought within one (1) year of the date of the event giving rise to such action occurred.
5. Refunds. The Company’s products, courses, and programs have different refund policies please see the programs below and how the refund policy applies for each product.
A. Network Podcasting.
i. We offer a conditional “100% money back satisfaction guarantee” within 30 days. If after going through and completing 100% of modules in The Network Podcasting, you’re not satisfied with the content and you don’t believe that the training and techniques inside this course have the potential to help your business, then simply send an email to support@damngoodday.com and explain to us why you are unsatisfied and why you didn’t think it was worth the money you invested. The Company will then offer you a refund at its discretion, based on such explanation.
ii. Our refund policy was not created so that people could take advantage of an integrity-based honor system by buying our courses and then asking for refunds afterwards because although they had no issues with our course’s content and the value received for the dollars they invested, they simply are asking for a refund so they can get their money back to spend it on something else. We do not operate that kind of refund policy and we do retain the right to ask questions about any and all refund requests and we reserve the right to approve or deny them on a case by case basis.
iii. No affiliate will be granted a refund if they have received or earned affiliate commissions from the product they are wishing to get a refund on. Example: You can’t buy Network Podcasting, promote it, earn commissions from it, and then ask for a refund.
6. Links to Third Party Websites. Our Website may contain links to third-party websites, or may give you access to applications, software, or products provided by third parties. Please understand that those third-party websites and products may have different terms of use and privacy policies, and we do not control and are not responsible for the content of such websites or the privacy practices of such third parties. We are also not responsible for the terms of use you may be required to agree to in order to use such third-party websites and products. As such, you should review any applicable third-party terms of use and privacy policies prior to using those third-party websites and products.
7. Security and Restrictions. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c)accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You agree not to use the Website:
· In any way that violates any applicable federal, state, local or international law or regulation;
· To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
· Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
· Use any robot, spider or other automatic device, processor means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; or
· Use any device, software or routine that interferes or otherwise engage in any other activity intended to interfere with the proper working of the Website.
8. Copyrights and Trademarks. All content and materials available on this Website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of the Company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by the Company. All intellectual property rights are reserved unless granted in an express written license.
9. License. The Company grants you a limited license to access and make personal use of the Website subject to this User Agreement. The Website and any part of it may not be reproduced, copied, framed, or otherwise exploited for any commercial purpose without the express prior written consent of the Company.
10. Termination of Use. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information and any leads, referrals, and future commissions generated as a result of such termination.
11. Miscellaneous. This Agreement is governed by the laws of the State of Florida applicable to agreements entered into and wholly to be performed therein. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Miami-Dade County, Florida for the resolution of all disputes arising out of use of thisWebsite. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Website. You represent and warrant that you will comply with all laws and regulations that apply to your access and use of the Website and any Website-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account (to the extent one is created) and any contents generated by you on the Website, block your access to the Website, and block IP addresses. You agree to indemnify, defend, and hold harmless us and our affiliates, and our respective officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation by you of this User Agreement. No waiver by us of any term or condition set forth in this User Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these this User Agreement will not be construed as a waiver of any right.
12. Invalidity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
13. Contact Us. If you have any questions, comments, or notices regarding this Privacy Policy, you may contact us by emailing us at support@damngoodday.com
Version Control
Version 1: Effective March 24, 2020
Version 2: Effective December 15, 2022
Damn Good Day is dedicated to helping you achieve peak happiness & performance by providing recipes & tutorials on all things that affect our human existence.
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