Terms & Conditions

​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.

General Provisions

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.

Intellectual Property Notice

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.

User Representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary
• You have the legal capacity and you agree to comply with these Terms of Service
• You are not under the age of 18
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation

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).

User Registration

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.

User Content

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.

Prohibited Activities

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:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses
• Use a buying agent or purchasing agent to make purchases on the Site
• Use the Site to advertise or offer to sell goods and services
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein
• Engage in unauthorized framing of or linking to the Site
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information, such as user passwords
• Make improper use of our support services or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Attempt to impersonate another user or person or use the username of another user
• Sell or otherwise transfer your profile
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
• Delete the copyright or other proprietary rights notice from any Content
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Or take any other unauthorized or prohibited action on the Site

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used, and shared when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Errors​ ​and​ ​Omissions

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.

Third Party Links

Links from the Website to other external sites, if any, are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. We do not control such websites and are not responsible for their content. Users further acknowledge that use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of use for those websites and not by Daybreak Commerce’s Terms of Use and Privacy Policy. All users do hereby agree to hold Daybreak Commerce harmless from any liability that may result from the use of links that may appear on the Website.

Affiliate Disclaimer

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.

Earnings​ ​Disclaimer

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). 

Warranties

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.

Indemnification and Limitation of Liability

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: 

• to the extent that the website is provided free of charge, for any direct loss;
• for any indirect, special, or consequential loss; or
• for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of business relationships, anticipated savings, loss of data, loss of goodwill, loss or corruption of information or data, wasted time, and for any other loss or damage of any kind

Unenforceable Provisions

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.

Governing Law and Choice of Venue

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.

Changes to these Terms

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.

Questions

If you have any questions about this policy, please contact us at info@daybreakcommerce.co.