TERMS AND CONDITIONS OF USE
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the DayBlink Consulting (“DayBlink”) website, located at www.dayblinkconsulting.com, as well as any online features, services and/or programs offered by DayBlink (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of DayBlink. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website.
CONVENIENCE AND INFORMATION ONLY
The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, DayBlink does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) DayBlink has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
SITE USE AND CONTENT
DayBlink grants you a limited, revocable, and non-exclusive license to access and use the Website. The limited license set forth herein does not include the right to:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on DayBlink’s website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by DayBlink at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
SCOPE AND ACCURACY OF INFORMATION
In making this Website available, no client, advisory, fiduciary or professional relationship is implicated or established and neither DayBlink nor any other person is, in connection with this Website, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice. Neither this Website nor any content on or accessed through this Website shall be considered a substitute for the independent investigations and the sound technical and business judgment of the user of this Website and the user should consult with a professional advisor familiar with your particular factual situation for advice or service concerning specific matters.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. DAYBLINK PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. DAYBLINK DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT DAYBLINK WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS DAYBLINK OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF DAYBLINK, THE ENTIRE LIABILITY OF DAYBLINK AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b)INDEMNIFICATION. You hereby indemnify, defend, and hold harmless DayBlink Consulting LLC and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. DayBlink reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DAYBLINK OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LIABILITY FOR INTERRUPTION OF BUSINESS, LOSS OF USE, DATA, OR PROFITS) WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS THAT DIRECTLY OR INDIRECTLY ARISE OUT OF OR RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF DAYBLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAYBLINK’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
THIRD PARTY CONTENT
(a) DayBlink may provide hyperlinks to other websites maintained by third parties, or DayBlink may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER DAYBLINK’S CONTROL AND DAYBLINK IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with DayBlink. In most cases, DayBlinkis not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, DayBlink’s Content; (ii) may not create a browser, border environment or frame DayBlink’s Content; (iii) may not imply that DayBlink is endorsing it or its products or services; (iv) may not misrepresent its relationship with DayBlink; (v) may not present false or misleading information about DayBlink’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
COPYRIGHT AND TRADEMARKS
The trademarks, service marks and logos used and displayed on the Website are DayBlink’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. DayBlink is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of DayBlink, or its subsidiaries or affiliates, that may be referred to on the Website are the property of DayBlink, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of DayBlink’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without DayBlink’s prior written permission. DayBlink aggressively enforces its intellectual property rights. Neither the name of DayBlink, its subsidiaries or affiliates, nor any of DayBlink other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without DayBlink’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 6(b) above may use the name “DayBlink” in or as part of that link.
DayBlink owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of DayBlink. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), DayBlink will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to -
7918 Jones Branch Drive, Suite 430
McLean, Virginia 22102
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and interpreted pursuant to the Commonwealth of Virginia, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the Commonwealth of Virginia. You further agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Virginia in connection with any dispute or claim involving DayBlink. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Any claim relating to DayBlink’s web site shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.
YOUR CONSENT TO THIS AGREEMENT
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by e-mail or by sending your comments to:
7918 Jones Branch Drive, Suite 430
McLean, Virginia 22102
Attn: Website Issues
Copyright © 2015. DayBlink Consulting LLC. All Rights Reserved.
EFFECTIVE AS OF: MAY 1, 2013
LAST UPDATED: JUNE 23, 2014