These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to use of this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
This website is owned and operated by Daybreak Commerce, LLC. Our principal place of business is located at 336 Blalock Drive, Sevierville, TN 37862.
You must be at least 18 years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
All trademarks, service marks, graphics, images, designs, and text are the sole property of Daybreak Commerce, LLC or the properly attributed party. Any modification of our materials or use of our intellectual property (whole or in part) is illegal and may be prosecuted to the fullest extent of the law. This may include seeking damages or financial penalties and/or an injunction to discontinue the unauthorized use of our intellectual property.
By using the Site, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We reserve the right to restrict access to areas of this website, or indeed this entire website, at our sole discretion.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We may disable your user ID and password at our sole discretion without notice or explanation.
In these terms and conditions, your “user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Daybreak Commerce a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Daybreak Commerce or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website. Notwithstanding Daybreak Commerce’s rights under these terms and conditions in relation to user content, we do not undertake the responsibility to monitor the submission of such content to, or the publication of such content on, this website.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
There may be information on the Website that contains typographical errors, inaccuracies, or omissions including descriptions, pricing, availability, and other various information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the Website at any time, without prior notice.
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
You agree and understand that individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our service(s) with different backgrounds, budgets, motivation, and other factors that are outside of our control. Therefore, we cannot guarantee your success merely upon access or purchase of our service(s) or related material(s).
This website is provided “as is” without any representations or warranties, express or implied. Daybreak Commerce makes no representations or warranties in relation to this website or the information and materials provided on this website. We do not warrant that this website will be constantly available, or available at all, or that the information on this website is complete, true, or accurate. In no event shall Daybreak Commerce be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of information available from the Website.
You agree to indemnify and hold harmless Daybreak Commerce as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of any breach by your of any provision of these Terms or arising from the use of our Offering(s).
We will not be held responsible or liable to you in any way for the content of, or use of, this website:
Failure by Daybreak Commerce to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
The Terms of Service and the relationship between you and Daybreak Commerce shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Sevier, Tennessee.
Daybreak Commerce may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
If you have any questions about this policy, please contact us at firstname.lastname@example.org.