Website Terms and Conditions of Use

 These Website Terms and Conditions of Use (“Terms”) constitute a legal agreement between you and Ideal Money Life Inc (hereinafter referred to as the “Company”), the owner and developer of www.DamonYudichake.com (“Website”). By accessing or using the Website, you agree to the following Terms. Additionally, by registering for any service provided by the Company you become a client (“Client”) and you agree to be bound by all of the Terms as long as you remain a Client. If you do not agree to any these Terms in full, please do not register for any Company service or access or otherwise use the Website or any Content. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.

BY USING THE WEBSITE, MAKING A PURCHASE FROM THE COMPANY OR OTHERWISE RETAINING OR USING THE SERVICES OR RESOURCES OF THE COMPANY IN ANY WAY, YOU AGREE, REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.  THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.DAMONYUDICHAK.COM/TERMS. THE COMPANY RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. 

1. DISCLAIMER FOR AFFILIATE LINKS. Please be advised that some of the links to other websites included in the Website are affiliate links. This means that, at no extra cost to you, Company may earn a commission, fee or affiliate payment if you click through such links and make a purchase or retain services through that link. Please note that the Company, through its employees and representatives, has experience with the affiliate link companies and recommends them because they are helpful and useful, not because of the commissions that Company may earn if you choose to make a purchase. Please do not spend any money on these products unless you feel you need them or that they will help you achieve your goals.

 Please contact Company or visit wwwDamonYudichak.com/Resources for more information on affiliate links. 

2. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Website, Company does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Company has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third-party; (e) that 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, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law, the law of the state where Company maintains your Account, or, if Company transfers your Account to another location, where Company currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. 

3. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Company. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.

4. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

(a) ONLINE ACCOUNT ACCESS. For certain types of features available through the Website (the “Online Service”), we may require the use of encryption technologies provided for your protection and/or your use of a user identification name (“User ID”) and password after setting up a user account (“User Account” or “Account”). If so required, you must self-enroll for such User ID and provide User Account-specific information to authenticate yourself (e.g., User Account owner name and address, User Account number). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or User ID without permission. When your Online Service is linked to one or more User Accounts, Company may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify Company if an Authorized User should no longer be given access to an Account through the Online Service.

(b) USER ACCOUNT AND PASSWORD. In the event that Company offers or requires the use of a User ID and/or Account for use of some or all of the Online Services, we will use reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third-parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your User ID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify Company of any unauthorized use of your User ID, password and/or User Account, or any other breach of security by email at support@www.damonyudichak.com. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(c) RELIANCE BY COMPANY. You authorize Company to rely on your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your User ID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Company may comply with the Payment Instructions (as defined below) entered by any person using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.

(d) SECURITY. Company is committed to protecting the security and confidentiality of information about you and your Account and User Account. Company uses, and may in the future use, several different security methods to protect your Account and User Account information, including:

(i) You can only access the Online Service with certain browsers that have high security standards.

(ii) If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.

(iii) The Online Service will automatically log off if prolonged periods of inactivity occur.

(iv) Your session will terminate if you navigate away from the Online Service to another website.

(e) ELECTRONIC COMMUNICATION.

(i) Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Company maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Company for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Company. Company will NEVER send you email(s) requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Company, do not respond to the email and notify Company by forwarding the email to support@www.damonyudichak.com.

(ii) Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Company may respond to any communication you send to Company with an electronic communication, regardless of whether your original communication with Company was an electronic communication. Any electronic communication Company sends to you will be considered received within one calendar day of the date such communication is sent by computer servers utilized by Company to the email address you designate in your account profile or posted to Company’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Company will not be effective until Company has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Company immediately and, in no event, should your sole method of communication with Company regarding any emergency be by electronic communication. Company strongly suggests that you report all matters requiring immediate attention to Company by emailing support@www.damonyudichak.com. Company may require you to provide written confirmation of any verbal or electronic notice of alleged error by Company.

(f) PAYMENTS. Company reserves the right to require or request that you designate a personal or business checking, savings, or money market account or a credit or debit card account from which Company bill payments for your Account(s) may be made by you (“Payment Account”). Company recommends that you confirm with your banking institution any fees that you may be charged for bill payments from your Payment Account before designating a banking account as a Payment Account (e.g., your money market account may permit a limited number of transfers before fees are imposed). You authorize Company to debit your Payment Account and remit funds on your behalf to the Company or its subsidiary to which you direct a payment (the “Payee”). When Company receives the information provided by you for a bill payment to be made to the Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information) (“Payment Instruction”), you have authorized Company to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the due date for such payment. You also authorize Company to credit your Payment Account for payments returned to you Company.

Company reserves the right to require payment of fees or bills due in conjunction with your use of the Company’s services in such manner as the Company deems appropriate. You agree to comply with all such requirements.

(g) DISCLOSURE OF ACCOUNT INFORMATION. Company will not disclose any information to third-parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in Company’s Privacy and Information Security Policy (“Privacy Policy”) located at DamonYudichak.com/privacy. We will disclose such information:

(i) where disclosure is necessary for completing payments, or to resolve a problem related to a payment;

(ii) to verify the condition and existence of your Account for a third-party, such as a credit bureau or merchant;

(iii) to persons authorized by law in the course of their official duties;

(iv) to a consumer reporting agency as defined by Applicable Law;

(v) to comply with a government agency or court order, such as a lawful subpoena;

(vi) to Company employees, auditors, service providers, attorneys or collection agents in the course of their duties; or

(vii) if you give Company written permission (including by email).

(h) INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds or credit in your Payment Account on the payment due date. If your Payment Account has insufficient funds or credit, the bill payment will not be completed. Should a bill payment fail because of insufficient funds or credit in your Payment Account, the sum of $35.00 or an amount equal to Company’s returned payment fee then in effect will be applied to your Account.

(i) COMPANY’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If Company debits your Payment Account incorrectly, Company will be responsible for returning the improperly debited funds to your Payment Account. If Company does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, Company will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to these Terms. However, Company will not be liable in the following situations:

(i) You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;

(ii) Through no fault of Company’s, you have insufficient funds or credit in your Payment Account to make a payment;

(iii) Your computer, the software, phone lines, Company’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;

(iv) Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;

(v) Company has reasonable basis to believe that unauthorized use of your User ID, Password, or User Account or Account has occurred or may be occurring;

(vi) Company has or you have terminated your Online Service or closed your Account to which the User ID was linked;

(vii) You have supplied your login information to another party; or

(viii) For any other reason specified in these Terms or any other agreement Company has with you.

(j) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(k) TERMINATION OF ACCOUNT. Company reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by emailing Company at support@www.damonyudichak.com. Any termination of your use of the Online Service, whether initiated by you or by Company, will not affect any of your or Company’s rights and obligations under these Terms that have arisen before the effective date of such termination.

(l) RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, Company’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.

(m) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify Company at once at by email at support@www.damonyudichak.com, or through the online message center (if applicable). 

5. RELEASE; USE OF APPEARANCE. Company may from time to time host or in any way facilitate individual or group coaching, discussion or other sessions with you and/or any other users of Company’s services as Company deems appropriate. Company reserves the right to record and use the recording, video, product, copy, presentation or other material or file of or containing such session(s) (collectively, the “Depictions”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising, marketing and publicizing the Company’s products and services, without review, permission or compensation of any amount or kind whatsoever, as it deems appropriate in its sole discretion (the “Permitted Uses”). By participating in any such sessions, you understand and agree that your name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) will appear in or be made part of such Depictions. Furthermore, you hereby irrevocably grant the right and permission and consent to the use of your Appearance in any form, as incorporated in any such Depictions, by the Company, including its parents, affiliates, subsidiaries, related companies, successors, licensees or designees and others acting on its behalf for the Permitted Uses throughout the world in perpetuity, including but not limited to, on the world wide web. If you contributed to creating such Depiction in any manner, you hereby irrevocably consent to Company’s use thereof as set forth above and assign any rights therein to the Company. The Permitted Uses and grant of rights herein include, without limitation, the right of republication or resale of the Depictions in any form or manner and the right for Company to edit, abridge, augment, title, or create a compilation from your Appearance in whole or part as Company may elect in its sole discretion.

You agree that Company shall own all right, title and interest to any Depiction containing your Appearance, including all content and all copyright and other rights embodied therein, and that it may exploit, edit, modify, and distribute the same, without limitation, and without compensation, further permission or notification to you. You hereby waive any inspection or approval of use. You also waive and release Company from any claims based upon invasion of privacy, right of publicity, defamation, false endorsement, or claim of visual or audio alteration or faulty mechanical reproduction. You agree, represent and warrant that no promises, representations or warranties of any kind have been made to you, that Company has the right but not the obligation to use your Appearance and that Company shall have no liability to you resulting from the lawful use of your Appearance in accordance with these Terms.

If you are not at least the age of majority in your state and have the right and the ability to enter into this agreement, then Company will not use your Appearance without a separately signed release form executed by you and a parent or legal guardian.

 If requested by Company, you agree to execute a separate release form with respect to the use of your Appearance. 

6. DISCLAIMERS.

(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITATION, COMPANY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE SERVICES OR ANY PARTICULAR RESULTS THEREOF, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NEED, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold Company and its affiliates, subsidiaries, owners, directors, officers, employees, agents, contractors, licensees, successors and assigns harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Company, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third-parties; and/or (iv) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

(c) NO INVESTMENT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY ACCOUNTING, CERTIFIED PUBLIC ACCOUNTANT, TAX OR INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE WEBSITE. Nevertheless, the Website may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. Company cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Website. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Website operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.

(d) NO TAX OR ACCOUNTING ADVICE. Nothing set forth or contained in the Website constitutes tax, accounting or other professional advice on which you may rely, unless otherwise expressly noted. Any information purporting to be tax, accounting or other professional advice set forth or contained in the Website is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the internal revenue code or (2) promoting, marketing, or recommending to others any tax-related matter(s) addressed herein. Without limitation, neither the Company nor any person or entity acting or purporting to act on its behalf is or will be acting or serving as an accountant, tax advisor or certified public accountant.

(e) DO NOT RELY ON CONTENT POSTED ON WEBSITE. Opinions, advice, statements or other comments included in the Content should not necessarily be relied upon and are not to be construed as professional advice from Company. Company does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information. 

7. LIMITATION OF LIABILITY.

(a) NO GUARANTY OF SUCCESS. The Company cannot and does not make any guaranty, representation or warranty of success, results or the attainment or earning of any specific or certain revenues or profits. You acknowledge and agree that participation in and use the Company’s services is voluntary and that all financial decisions are your responsibility. By using the services of the Company or the Website, you accept and assume all risk therefor, except as expressly provided herein. Company makes no promise, guaranty, covenant, representation or warranty with respect to the success or results of its services or profitability or revenue.

(b) MONEY-BACK GUARANTY. While the Company cannot and does not make any guaranty of success, the Company does offer a 100% money-back guaranty. If at any time you are unsatisfied with the services of the Company, you may request a refund of fees paid to the Company to-date by email to support@www.damonyudichak.com. The Company reserves the right to refund less than 100% of all fees paid if the Company determines that you have not followed its recommendations properly. In accordance with this policy, you understand and agree that the liability of the Company is limited as set forth below.

(c) COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICES PROVIDED BY THE COMPANY SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY AND A RETURN OF FEES PAID BY YOU FOR SERVICES PROVIDED BY COMPANY. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 4 ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

8. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Company’s Privacy Policy located at www.damonyudichak.com/privacy.

9. THIRD PARTY CONTENT.

(a) Company may provide hyperlinks to other websites maintained by third-parties, or Company 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 COMPANY’S CONTROL AND COMPANY 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 Company. In most cases, Company is not even aware that a third-party has linked to the Website. A Website that links to the Website: (i) may link to, but not replicate, Company’s Content; (ii) may not create a browser, border environment or frame Company’s Content; (iii) may not imply that Company is endorsing it or its products; (iv) may not misrepresent its relationship with Company; (v) may not present false or misleading information about Company’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

(c) It is possible that other clients of the Company or users of the Website will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of the Company, have access to personal information about you. Company, its affiliates, subsidiaries, owners, directors, officers, employees, agents, contractors, licensees, successors and assigns are not responsible for these transmissions or for the release of such information by others about you.

(d) Company reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by Company or its employees, agents or contractors. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Website. 

10. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Except for any information that is in the public domain, Company is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Company that may be referred to on the Website are the property of Company. 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 Company’s trademarks or service marks without Company’s prior written permission. Company aggressively enforces its intellectual property rights. Neither the name of Company nor any of Company 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 Company’s prior written permission, except that a third-party Website that desires to link to the Website and that complies with the requirements of these Terms may use the name “Company” in or as part of that URL link. By posting information to the Website, you represent that you have the right to grant permission for use of the same by Company. If you believe that any Content on the Website violates any intellectual property right of yours, please contact Company at the address, email address or telephone number set forth at the bottom of these Terms. Notwithstanding anything in this these Terms to the contrary, Company makes no representation or warranty of non-infringement of any third-party rights.

     

11. LOCAL LAWS. Company makes no representation or warranty that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Company is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with the laws of the State of North Carolina, except to the extent preempted by Federal law, in which event Federal Law will apply. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Company maintains your Account, or, if Company transfers your Account to another location, where Company currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

     

12. AVAILABILITY. Information that Company publishes in the Website may contain references or cross-references to products, programs or services of Company that are not necessarily announced or available in your area. Such references do not mean that Company will announce any of those products, programs or services in your area at any time in the future. You should contact Company for information regarding the products, programs and services that may be available to you, if any.PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Company’s Privacy Policy located at www.damonyudichak.com/privacy. regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

     

13. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her User ID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third-party. Any such attempted assignment or delegation will not be recognized by Company unless acknowledge by Company in writing. Company has no obligation to provide you with written acknowledgment. Company may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third-party or entity.

     

14. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Company, to the business of the Website’s Internet service provider, or to other information providers.

     

15. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the Company Website Privacy Policy.

     

16. GOVERNING LAW AND VENUE. These Terms, the Privacy Policy, and any dispute arising hereunder or thereunder, are governed by the laws of the State of North Carolina, without regard to provisions of conflicts of law. Any lawsuit arising from or related to these Terms or the Privacy Policy shall be brought exclusively in the courts of Wake County, North Carolina or, if it has or can acquire jurisdiction, before the United States District Court for the Eastern District in Raleigh, North Carolina, and you hereby consent to the jurisdiction and venue of any such court.

     

17. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Company Website Privacy Policy are the entire agreement between you and Company with respect to your use of the Website and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and Company regarding the Website and the Online Service.

     

Your Consent To This Agreement

By accessing and using the Website, by making a purchase from the Company or by otherwise using or retaining the services of the Company you consent to and agree to be bound by the terms of the foregoing Terms and the terms and conditions set forth in our Privacy Policy. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service, or your purchase from the Company or new or continued use of any services of the Company following any amendment of these Terms will signify your assent to and acceptance of its revised terms. 

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 email support@www.damonyudichak.com. 

EFFECTIVE AS OF:      August 1, 2019