DAMN GOOD DAY, LLC
This User Agreement (this “User Agreement”) of DAMN GOOD DAY, LLC, a Florida limited liability company (“Company,” “we,” “us,” and “our”), governs your access to and use our websites, including those in the domain DamnGoodDay.com (the “Website”), including any content, functionality, and services offered on or through our Website, whether as a guest or a registered user. When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. By visiting this Website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this User Agreement. If you do not accept this User Agreement, you may not access the Website.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions contained herein.
2. General Disclaimers.
A. The information contained on this Website and the products offered hereby is for educational purposes only. Such information is designed to help you understand the specific material covered. It is not an attempt to render tax, legal, or business advice.
B. This is not a business opportunity. How you use the information is entirely up to you. While every effort has been made to accurately represent the information along with the opinions and insights of the Company, any claims made or examples given, although believed to be accurate, should not be relied on in any way in deciding whether or not to purchase.
C. Any testimonials and/or examples used herein are exceptional results, in no way apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
D. The income or financial examples given herein are in no way meant as a representation of actual or possible earnings, nor are they meant as an inducement, promise, guarantee, or prediction of income of any kind. No income claims, promises, predictions, or guarantees are made of any kind. Any reference to specific income or dollar amounts is NOT done so to imply that you should expect to have, or will experience similar success.
E. The Company has no way of knowing how much money (if any) you can or will make with the information provided hereby. As a result, the Company is in no way promising, predicting, implying or even hinting that you will make any money from your personal and professional endeavors derived from the information provided hereby.
F. Results generated in the examples utilized herein have come from (i) intimate and unique knowledge of the respective businesses outlined in such examples, (ii) a compelling call to action, (iii) a truly unique selling proposition, (iv) implementation of applicable parts of the respective information provided hereby, and (v) repeated trial and effort. If you are unwilling or unable to perform all of the above, do not purchase this product. Even if you perform all of the above, there is no guarantee of results of any kind. Every business or marketing venture involves some degree of risk and your success and/or failure will depend entirely upon your background, dedication, desire, and motivation, as well as other factors known, unknown, and beyond your control.
3. Responsible Use and Conduct
A. By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines. Wherein, you understand that:
i. To access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
ii. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
iii. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
iv. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
v. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
vi. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
vii. We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your responsibility to use these tools responsibly and ethically. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
a. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
b. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
c. Contains any type of unauthorized or unsolicited advertising
d. Impersonates any person or entity related to the Company and its affiliates, its employees, or representatives.
viii. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. Posting anything derogatory or negative on the internet that mentions the word scam or anything that reflects on our company’s brand image in a negative way for marketing purposes can result in us requesting you alter your advertising. If you do not comply further actions may include but are not limited to an immediate termination of your affiliate partner status with our company and you forfeiting any pending commissions.
ix. We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of the Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers to and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary to use our Resources. All information provided as part of our registration process is covered by this User Agreement.
x. You agree to indemnify and hold the Company harmless and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Website, with the delay or inability to use this Website, or for any information, materials, software, products, and services obtained through this Website or otherwise arising out of the use of this Website for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked website.
4. No Warranties.
A. The Website is provided by the Company on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, or materials included on the Website. The Company, or any of its respective affiliates, or products offered thereby, make no representations or warranties about this Website or the information and materials provided herein. The Company makes no representation about the suitability of the information, software, materials, products, or services contained or discussed on this Website for any purpose. All such information, software, materials, products, or services are provided “as is” to the fullest extent permissible by law without warranty of any kind and all warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, are expressly disclaimed.
B. Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that (i) this Website will be constantly available, or available at all; or (ii) the information on this Website is complete, true, accurate, or non-misleading. We do not warrant that access to or use of our Website will be uninterrupted or error-free or that defects in the Website will be corrected. Except to the extent prohibited by applicable law, in no event will the Company or its officers, directors, employees, agents, or other representatives be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of access to or use of the Website, Website-related services or any information, content, or materials included on the Website. You assume total responsibility and risk for your use of our Website, Website-related services, and linked Websites. We do not warrant that files available for download will be free of viruses, worms, Trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security. Any claims arising in connection with your use of the Website or any products purchased through the Website must be brought within one (1) year of the date of the event giving rise to such action.
5. Refunds. The Company’s products, courses, and programs have different refund policies please see the programs below and how the refund policy applies for each product.
i. We offer a conditional “100% money back satisfaction guarantee” within 30 days. If after going through and completing 100% of modules in Damn Good Day’s Programs, you’re not satisfied with the content and you don’t believe that the training and techniques inside this course have the potential to help your business, then simply send an email to firstname.lastname@example.org and explain to us why you are unsatisfied and why you didn’t think it was worth the money you invested. The Company will then offer you a refund at its discretion, based on such an explanation.
ii. Our refund policy was not created so that people could take advantage of an integrity-based honor system by buying our courses and then asking for refunds afterward because although they had no issues with our course’s content and the value received for the dollars they invested, they simply are asking for a refund so they can get their money back to spend it on something else. We do not operate that kind of refund policy and we do retain the right to ask questions about any refund requests and we reserve the right to approve or deny them on a case-by-case basis.
iii. No affiliate will be granted a refund if they have received or earned affiliate commissions from the product they wish to get a refund on. Example: You can’t buy “Handstands 101”, promote it, earn commissions from it, and then ask for a refund.
7. Security and Restrictions. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You agree not to use the Website:
– In any way that violates any applicable federal, state, local, or international law or regulation;
– To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
– Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of 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 unauthorized purpose without our prior written consent; or
– Use any device, software, or routine that interferes or otherwise engages in any other activity intended to interfere with the proper working of the Website.
8. Copyrights and Trademarks. All content and materials available on this Website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of the Company and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless specifically authorized by the Company. All intellectual property rights are reserved unless granted in an express written license.
9. License. The Company grants you a limited license to access and make personal use of the Website subject to this User Agreement. The Website and any part of it may not be reproduced, copied, framed, or otherwise exploited for any commercial purpose without the express prior written consent of the Company.
10. Termination of Use. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, a breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information and any leads, referrals, and future commissions generated as a result of such termination.
11. Miscellaneous. This Agreement is governed by the laws of the State of Florida applicable to agreements entered into and wholly to be performed therein. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Miami-Dade County, Florida for the resolution of all disputes arising out of use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Website. You represent and warrant that you will comply with all laws and regulations that apply to your access and use of the Website and any Website-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account (to the extent one is created) and any contents generated by you on the Website, block your access to the Website, and block IP addresses. You agree to indemnify, defend, and hold harmless us and our affiliates, and our respective officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation by you of this User Agreement. No waiver by us of any term or condition outlined in this User Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of this User Agreement will not be construed as a waiver of any right.
12. Invalidity. If any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
Version 1: Effective March 24, 2020
Version 2: Effective December 15, 2022
Version 3: Effective February 8th, 2024