Last updated: March 16, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https:/day8.org website (the “Site”) operated by Day 8 Business Academy Foundation, a subsidiary of Mansmith and Fielders, Inc. (“us”, “we”, or “our”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
Unless otherwise defined elsewhere in these Site Terms and Conditions, the following terms shall have the meanings ascribed to below:
This Site contains many of the valuable trademarks owned and used by Day 8 Business Academy Foundation and its subsidiaries and affiliates throughout the world to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be used, reproduced, adapted (whether in its original form or derivations thereof) or copied without the express written permission of CDay 8 Business Academy Foundation.
Online Learning Platform and Mobile Apps
By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, under no circumstances shall Day 8 Business Academy Foundation, its subsidiaries, affiliates, officers, employees, representatives, agents, contractors and consultants (collectively referred to as “Day 8 Business Academy Foundation”) be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Day 8 Business Academy Foundation has been advised of the possibility of such damage.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Site.
When you create an account on our Site, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion.
By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer or account. You may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.
Day 8 Business Academy Foundation reserves the right to suspend your registration if you breach these Terms and Conditions.
Purchases and Registrations
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“Day 8 Business Academy Foundation Content”), are owned, controlled or licensed by Day 8 Business Academy Foundation. The Day 8 Business Academy Foundation brand name and logo are registered trademarks of Day 8 Business Academy Foundation. The Site and the content are intended solely for personal, non-commercial use. You may download or copy the Day 8 Business Academy Foundation Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Day 8 Business Academy Foundation content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Day 8 Business Academy Foundation Content or the Site.
Any third-party content, products, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES.
Content You Provide
Our Site allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site.
The Site is publicly viewable and you should have no expectation of privacy or confidentiality in any User Content you post. You agree that any User Content you post will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, Day 8 Business Academy Foundation, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you. If you do not want us to use your User Content, please do not post it to the Site. We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Site.
Links to Other Web Sites
Our Site may contain links to third-party web sites or services that are not owned or controlled by Day 8 Business Academy Foundation.
Day 8 Business Academy Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Day 8 Business Academy Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Right to Change the Site
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Access to and Use of the Site
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Among other things, you agree not to:
- hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.
You shall defend, indemnify, and hold harmless, Day 8 Business Academy Foundation, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) violation of these Terms; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
If you have any questions about these Terms, please contact us.