Terms & Conditions

Last updated: October 3, 2023

Terms and Conditions of Use for Daybreak Commerce, LLC.

Important Note: ​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 or purchase of any products including online courses. 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. 

 

Terms of Site Use and Product Purchaser Agreement

All programs, products, and services are owned and provided by Daybreak Commerce, LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them.

 

General Provisions

This website is owned and operated by Daybreak Commerce, LLC a Tennessee-based limited liability company.

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.

 

Your Product / Course Use and Consent

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not access the Offering, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not access the Offering uder any circumstance. If we discover that you have done so in violation these rules, we will terminate your account. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

 

Intellectual Property Notice

All trademarks, service marks, graphics, images, designs, and text (the “Intellectual Property”) 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.

You may use Our Intellectual Property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution, or use any Intellectual Property within the Offering that is attributed to a third-party.

 

Digital Product / Online Course Intellectual Property

LIMITED LICENSE

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Daybreak Commerce, LLC.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, written material, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. You acknowledge that if You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You may:

  • Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
  • Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
  • Use Our trademarks and copyrighted materials with Our prior written consent and proper credit and marking, namely, citing ©Jenna Kutcher, LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™ in accordance with the below.

You may not:

  • Re-sell or trade Your access to the Offering.
  • Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
  • Reprint or republish any of the Offering, in part or in whole.
  • Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
  • Reproduce and alter, edit, remix, or in any way create a derivative of any part or whole of the Offering for distribution as Your own work.
  • Claim ownership or use over any of Our Intellectual Property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and other content; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
  • Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

REQUEST FOR PERMISSION TO USE CONTENT

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting and receiving written permission prior to commencing use of the same by emailing Us at support@daybreakcommerce.com.

 

Civil and Criminal Penalties

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Knox County, Tennessee by opting into or purchasing any Offering or accessing its related communications and/or materials.

 

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

 

Model Release

You warrant and represent that You own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials free and clear of any and all third-party claims. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.


Notification of Use

We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.

 

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 Knox County, 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.