DaySmart Website Terms of Use
These Terms Were Last Updated: January 2024
1. Acceptance of the Terms of Use:
These Terms of Use, together with any documents or other Policies these Terms may expressly incorporate by reference (collectively “Terms”), cover your interaction with, use of, and access to the Websites and Services (defined below) maintained and/or provided by DaySmart Sofware, LLC, a Delaware limited liability company, or any of its affiliated entities. Our affiliates include, without limitation, StormSource LLC, an Arizona limited liability company; Appointment-Plus Software (India) Private Limited, a private limited company organized under the laws of India; Vetter Software, Inc, a California corporation; Dash Platform, LLC, a Delaware limited liability company; TeamUp Sports, Inc., a Delaware corporation; Team Up Sports Limited, a private limited company organized under the laws of England and Wales; R.C. Systems, Inc., a Michigan corporation; and See Jane Run, Inc. (d/b/a Sawyer), a Delaware corporation (collectively and together with DaySmart Software, LLC, “DaySmart”, “we”, “us”, or “our”). Our Websites and Services include, without limitation, the following domains: https://www.daysmart.com, https://www.goteamup.com, and https://www.hisawyer.com; and any other domain maintained by DaySmart (collectively with the Services, the “Website”). These Terms apply whether you are a DaySmart customer, end-user of our Services, or a visitor to our Website, whether by paid subscription, during free trials, or merely browsing.
You acknowledge and agree that these Terms constitute an agreement between you, as user of the Website, and Daysmart or if applicable the Daysmart affiliate that operates the specific Website you are using. These Terms constitute an enforceable agreement even though your use of the Website and your agreement is electronic and is not physically signed by you and Daysmart (or an affiliate if applicable). These Terms govern your use of such Website and the Services and supersede any prior version of these Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE WEBSITE OR USE THE SERVICES OR CONTENT. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE WEBSITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS VIA THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.
WITHOUT THE PRIOR WRITTEN CONSENT OF DAYSMART, YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU ARE A COMPETITOR OF DAYSMART. ADDITIONALLY, YOU MAY NOT ACCESS OR USE THE SERVICES FOR PURPOSES OF MONITORING THE AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY OF THE SERVICES, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
Please read the Terms carefully before you start to use the Website. By using the Website you also accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
By accepting these Terms, or by accessing or using the Website, you represent and acknowledge that you have read, understand, and agree to be bound by these Terms, and that the information you provide to DaySmart via the Website is accurate, complete, and is yours or within your right to use. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its subsidiaries and affiliates to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Website.
2. Description of Services
The “Services” include, without limitation, the applications and services provided to you through the Website including all templates, products, applications, tools, services, features, content, functionality, software, data, text, images, sounds, videos, and other content made available through the Website (collectively “Content”). Any new features added to or augmenting the Services are also subject to these Terms.
3. Changes to the Terms of Use
We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If we do so, the most up-to-date version of these Terms can be found at www.daysmart.com/terms-of-use.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms.
5. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DaySmart, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
- Access or use for any commercial purposes unrelated to the Services any part of the Website or any Services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by DaySmart. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
If you or any of your employees or contractors sends or transmits any communications or materials to DaySmart by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website or any other intellectual property owned by DaySmart, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), DaySmart is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby assign to DaySmart on your own behalf, and on behalf of any of your employees (if applicable), contractors and/or agents, all right, title, and interest in, and DaySmart is free to use, without any attribution or compensation to any party, any ideas, knowhow, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although DaySmart is not required to use any Feedback.
6. Trademarks
The DaySmart name, all DaySmart logos, and all related names, logos, product and service names, designs, and slogans are trademarks of DaySmart or its affiliates or licensors, whether or not the same are registered. You must not use such marks without the prior written permission of DaySmart. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
7. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate DaySmart, a DaySmart employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm DaySmart or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or 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 purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
8. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not DaySmart, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
9. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for DaySmart.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DAYSMART AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11. Copyright Infringement/DMCA Policy
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on this website or by use of any of our services any materials that violate another party’s intellectual property rights, in accordance with our policy and the Digital Millennium Copyright Act (“DMCA”). It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of any party.
Notification of Alleged Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent named below with the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the our Website, with enough detail that we may locate find it on our Website;
- Supporting materials, e.g. copyright registration information, photographs, etc.;
- Your address, telephone number, and email address;
- Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
- Your electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, verifying the claim.
DaySmart’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached at [email protected].
Counter Notification
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Copyright Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found;
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent;
- Your name, address, and telephone number;
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Supporting materials, e.g. copyright registrations, photographs, etc.; and
- Your physical or electronic signature.
You may submit your Counter Notification to our Copyright Agent at [email protected].
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false form may constitute perjury.
12. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DaySmart, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DaySmart. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
13. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
14. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
15. Customer Agreements, User Agreements, and Other Terms and Conditions
All purchases through our Website or other transactions for goods and services, or information formed through the Website, or resulting from visits made by you, are governed by our Customer License Agreement, which is hereby incorporated into these Terms.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
16. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
17. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. Geographic Restrictions
The owner of the Website maintains an office in the State of Arizona in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or in any jurisdiction where access is illegal, you do so on your own initiative and are responsible for compliance with local laws.
19. Accessibility
DaySmart strives to make its website accessible to as many users as possible. As recently as March 2023, the World Health Organization estimated that there are more than one billion people living with disabilities, with over 100 million persons having significant difficulties in functioning (for more information, see www.who.int/news-room/fact-sheets/detail/disability-and-health).
Many of these disabilities can affect access to information technologies. Additionally, the same individuals who run into barriers that impede access to information technologies could benefit most from using them.
Given the importance of the internet, accessibility to the web is of critical importance to people with disabilities around the world, including people with auditory, cognitive, physical, neurological, and visual disabilities. It is likewise important to those with accessibility needs due to aging. Providing accessible web content can also benefit people who do not have disabilities but who are experiencing situational barriers. For example, when accessing the internet from devices with small screens or in low bandwidth situations, or when experiencing barriers due to language or literacy levels, accessibility solutions can also support improved access.
DaySmart is committed to ensuring equal access for people with disabilities. As potential customers and employees of DaySmart, they are important contributors to DaySmart’s business success and should not be excluded, but rather welcomed into the DaySmart family. DaySmart will endeavor to maximize the access of people with disabilities to this website.
20. HIPAA Notice
You should not share any protected health information with service providers via the Website. The Website is not intended to be used for communication of protected health information and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term “protected health information” means any information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
21. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that the Services or the Website will be free of viruses or other destructive code or will otherwise be free from defects. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DAYSMART NOR ANY PERSON ASSOCIATED WITH DAYSMART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DAYSMART NOR ANYONE ASSOCIATED WITH DAYSMART REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DAYSMART HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DAYSMART, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless DaySmart, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
24. MANDATORY BINDING ARBITRATION; Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Arizona. The parties shall resolve any dispute, controversy, or claim arising out of or relating to these Terms or use of the Website (each a “Dispute”), including Disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms, to final and binding arbitration conducted by JAMS in Scottsdale, Arizona, which shall be the sole and exclusive mechanism for resolving any Dispute that may arise. You hereby waive any and all objections to the exercise of jurisdiction over you by JAMS at such location and agree that the parties’ choice of arbitration as a dispute resolution mechanism under this Agreement is intended to be mandatory and not permissive thereby precluding the possibility of litigation in any other forum, provided that we retain the right to bring any pre-arbitration suit, action, or proceeding against you for breach of these Terms in order to seek pre-arbitration injunctive relief in any competent jurisdiction. Any arbitration award may be enforced in any court of competent jurisdiction.
25. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
26. Waiver and Severability
No waiver by DaySmart of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DaySmart to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
27. Entire Agreement
These Terms, our Privacy Policy, Customer License Agreement, and End-Use License Agreement constitute the sole and entire agreement between you and DaySmart regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
28. Your Comments and Concerns
Any feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].
Any written correspondence should be addressed to DaySmart or the specific DaySmart affiliate that maintains the specific Website you are visiting as follows:
DaySmart
312 S. State Street
Ann Arbor, MI 48104
All notices of copyright infringement claims should be sent to our Copyright Agent at [email protected] designated in our Copyright Policy above in the manner and by the means set out therein.