Terms of Service
Terms of Service
These terms and conditions of use and service (“Terms”) govern your use of this website http://d4ybrandbuilder.com and other web sites (collectively, “Site”) owned or operated by D4Y Brand Builder, LLC (“D4Y” or “We”). You (the “User”), by using, accessing, or attempting to interact with, D4Y, or other D4Y software, services, websites, or any of their licensees services or software (collectively “Services”), agree to be bound and abide by the terms and conditions of this Agreement with D4Y. These terms are subject to change by D4Y at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms prior to every use for any changes.
Overview
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of D4Y. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You must be eighteen (18) years or older to access this website. If you are under eighteen (18) years of age, you are not permitted to access this web site for any reason. Due to the age restrictions for use of this web site, no information obtained by this web site falls within the children’s online privacy protection act (“COPPA”) and is not monitored as doing so.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in California.
The Services are offered on an “as is” basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
Access To This Site
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If D4Y believes the information you provide is not correct, current, or complete, or that you have breached these Terms, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions On Use
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without D4Y’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyper-link to this Site without the express prior written permission of an authorized representative of D4Y. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with D4Y in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by D4Y, are the proprietary information of D4Y or the party that provided the Content to D4Y, and D4Y or the party that provided the Content to D4Y retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of D4Y, or, unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates D4Y’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Third Party Hyper-Links
This Site may be hyper-linked to other Sites that are not maintained by, or related to, D4Y. Hyper-links to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or D4Y. D4Y has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at the user’s own risk, and D4Y makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by D4Y of that Site.
Submissions
You hereby grant to D4Y the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to D4Y through this Site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. D4Y will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future D4Y operations.
D4Y will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.
By accepting these terms, you agree to the then current company privacy policy and the earnings disclaimer as integrated herein and incorporated by reference to these terms. If you do not agree to these terms, the privacy policy, or the earnings disclaimer, please do not accept these Terms and cease use of this Site and our services. Note that each of these policies may be changed from time to time at our company’s discretion and without notice, except with a new last updated date.
Consent to Recorded and Live Phone Calls
You hereby consent that D4Y may place recorded and live phone calls to the number you provide. For more information, see the Electronic Code of Federal Regulations: Section 16 CFR 310.
Consent to Receive Mobile Text Messages
You hereby consent that D4Y may send SMS text messages to your mobile device at the number you provide.
Disclaimer
You understand that D4Y cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. D4Y does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up to date and should not be used to replace any written reports, statements, or notices provided by D4Y. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
Your use of this site is at your own risk. The content is provided “As-Is” and without warranties of any kind, either expressed or implied. D4Y disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. D4Y does not arrant that the functions or content contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. D4Y does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and D4Y may make changes or improvements at any time. You, and not D4Y, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of this site or its content. D4Y makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and D4Y does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. You agree that D4Y does not have any obligation to monitor or correct information that has been posted by other customers or third parties on this Site.
Limitation On Liability
D4Y, its subsidiaries, affiliates, licensees, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, epochal, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if D4Y has been advised of the possibility of such damages. In no event will the collective liability of D4Y and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to D4Y for the applicable content, product, or service out of which liability arose (“CUMULATIVE LIABILITY CAP”).
Some jurisdictions do not allow the disclaimer of warranties or exclusions of damages, so such disclaimers or exclusions may not apply to you. Notwithstanding the prior sentence, you agrees that, if D4Y is found liable, D4Y’s cumulative liability will be capped at the cumulative liability cap set forth above.
Indemnity
You will indemnify and hold D4Y, its subsidiaries, affiliates, licensees, Content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising from any breach of these Terms by you (including any use of Content other than as expressly authorized in these Terms), or any violation of any law or the rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
Notices
Legal notices shall be served on D4Y’s national registered agent and to you via your e-mail address that you provide to D4Y during the initial registration process.
Trademarks
Trademarks, service marks, and logos appearing in this Site are the property of D4Y or the party that provided the trademarks, service marks, and logos to D4Y. D4Y and any party that provided trademarks, service marks, and logos to D4Y retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this Site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
solicits funds, advertisers, or sponsors;
includes programs that contain viruses, worms and/or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way that affects the ability of other people to engage in real time activities via this Site;
includes MP3 format files;
amounts to a “pyramid” or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
contains hyper-links to other Sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, D4Y reserves the right to monitor use of this Site to determine compliance with these Terms, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither D4Y nor any third party that provides Content to D4Y will assume or have any liability for any action or inaction by D4Y or such third party with respect to any submission.
Security
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). D4Y will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that D4Y considers insecure, D4Y will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, D4Y reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. D4Y reserves the right to investigate suspected violations of these Terms.
D4Y reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing D4Y to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
Fees / Billing
A valid credit card or alert pay account is required to purchase the products. The products are offered on a one-click purchase offer where upon accepting, you will be taken to an alert pay checkout page.
Chargeback / Refund Policy FOR Facebook Banner
D4Y Brand Builder, LLC will not, under any circumstances, issue cash refunds after 3 days of banner creation. All Facebook Banner Customers Receive a Custom Created Facebook Profile Banner. Your credit card information is collected to initiate your banner setup.
If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
D4Y Brand Builder, LLC. has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment for products purchased on this Site that is found to be valid will be permanently blacklisted and barred from use of this Site. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
All products are backed by a money-back guarantee as stated on the Site from which you purchased.
D4Y Brand Builder, LLC. has the right to change the refund policy at any time, but it will be reflected on future orders, not past orders. Guarantee starts from the purchase date. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.
If a digital product is purchased, a refund request letter must be sent to our office in order for a refund to be processed. You can also fax the letter to 206-984-1815. Be sure to include ALL of your contact information: Full Name, Email and the name of the course you wish to have refunded so we can find you in the system. This is to prevent fraudulent orders.
Upon a refund being processed, please allow 5 to 15 business days for the transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.
Company Address:
D4Y Brand Builder
555 N El. Camino Real Suite #A-220
San Clemente, CA 92672
Miscellaneous
These Terms will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and D4Y arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Santa Ana, Orange County, California. If any part of these Terms are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. D4Y may revise these Terms at any time by updating this posting. This agreement sets forth the entire understanding and agreement between you and D4Y with respect to the subject matter hereof. The following Sections shall survive termination of these Terms: proprietary information, submissions, disclaimer, limitation of liability, indemnity, notices, and this provision.
Last updated: March 27, 2011.
