Terms of Use
Welcome and thank you for visiting this Daymon website (“Website”) and reviewing our Terms of Use.
Daymon makes this Website, including all information, documents, catalogs, communications, files, text,
graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms
of Use set forth here. These Terms of Use spell out what you can expect from us and what we expect
from you.
1. Terms of use, Acceptance of Terms of use, and Non-Transferability
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing, using, or downloading in any
way, without limitation, any Materials from this Website or merely browsing this Website, you agree to
and are bound by these Terms of Use.
Daymon reserves the right to change the Terms of Use at any time, without prior notice to any Website
visitor (“User”). YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF OUR WEBSITE CONSTITUTES
YOUR ACCEPTANCE OF THESE TERMS OF USE AND ANY SUBSEQUENT AMENDMENTS TO THESE TERMS
OF USE. If you breach any of the Terms of Use, your authorization to use this Website automatically
terminates, and any of the Materials downloaded or printed from this Website must be immediately
destroyed. A User’s right to use this Website is NOT transferable.
2. Ownership of the Website
a. Copyright Information and Personal and Non-Commercial Use Limitation
All Materials and the compilation of all content included on this Website are owned or licensed by
Daymon and protected by United States and international copyright laws. Daymon does not claim
ownership of Copyrights owned by third parties.
You have been granted a license to view and use the Website Materials subject to these Terms of Use.
Unless otherwise specified, the Materials on this Website are for your personal and non-commercial
use. You may not sell or modify Website Materials or reproduce, display publicly or otherwise use the
Website Materials in any way for any public or commercial purpose, including the provision of services
or products to Daymon. Permission to reprint or electronically reproduce any document or graphic, in
whole or in part, for any other purpose is expressly prohibited without prior written consent from
Daymon. You may not provide copyrighted or other proprietary information to Daymon without
permission from the owner of such material or rights. You are solely responsible for obtaining such
permission and for any damages resulting from unauthorized disclosures or infringement.
b. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that
their rights under the United States Copyright Act have been infringed by acts of third parties over the
Internet. If you believe that your copyrighted work has been copied without your authorization and is
available on this Website in a way that may constitute copyright infringement, you may provide notice
of your claim to Daymon’s designated agent listed below. For your notice to be effective, it must include
the following information: (1) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; (2)Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that Website; (3) Identification of the material
that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient to permit Daymon to locate the
material; (4) Information reasonably sufficient to permit Daymon to contact the complaining party, such
as address, telephone number, and, if available, an e-mail address at which the complaining party may
be contacted; (5) A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A
statement that the information in the notification is accurate and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Daymon’s Designated Agent is:
Daymon Worldwide Inc.
Attn: General Counsel
18100 Von Karman Avenue, Suite 1000
Irvine, California 92612
Phone: (949) 797-2900
Fax: (949) 797-9112
The Designated Agent should be contacted only if you believe that your work has been used or copied in
a way that constitutes copyright infringement and such infringement is occurring on this Website. ALL
OTHER INQUIRIES DIRECTED TO THE DESIGNATED AGENT WILL NOT BE ANSWERED.
c. Trademarks
Daymon owns trademarks for its many goods and services. Daymon trademarks, graphics, logos and
service marks are trademarks of Daymon and may not be used without prior written consent of
Daymon. All other trademarks, product names, and company names and logos appearing on the
Daymon Website are the property of their respective owners.
d. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or
offered to Daymon in connection with your use of this Website shall be the exclusive property of
Daymon. User agrees that unless otherwise prohibited by law Daymon may use, sell, exploit and disclose
the Ideas in any manner, without restriction and without compensation to User.
e. Linking, Framing and Inlining
If you have a website and wish to establish temporary or permanent links from your website to this
Website, you must link to our homepage only. If you would like to link to another location within our
website you will need to receive written permission from us. You may not frame or utilize framing
techniques or utilize inlining techniques to display, enclose, or deep link to, any name, trademarks,
service marks, logo, Materials or other proprietary information (including; images, text, page layout or
form) of Daymon without our express written consent.
3. Privacy and Protection of Personal Information
Daymon respects the privacy of visitors to our Website. Please see Daymon’s Privacy Policy and Cookie
Policy relating to the collection and use of your information. User acknowledges and agrees that this
Privacy Policy and Cookie Policy, including but not limited to the manner in which Daymon collects, uses
and discloses User’s personally identifiable information, are incorporated and made part of these Terms
of Use. If User does not agree to each and every part of Daymon’s Privacy Policy and Cookie Policy, then
User should not use this Website or submit or post any personally identifiable information on this
Website. Questions regarding privacy issues should be directed via e-mail
to privacy@advantagesolutions.net.
4. Disclaimer of Warranties, Limitation of Liability, and Indemnification
User expressly agrees that use of Daymon’s Website and service is at User’s sole risk. Neither Daymon,
nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers,
merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated
with Daymon, including but not limited to this Website, will be uninterrupted, error-free, or free of
viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code,
or other defects. The information, products and services published on this Website may contain
inaccuracies or typographical errors. The Providers make no warranty as to the results that may be
obtained from the use of Daymon’s Website or as to the accuracy, reliability, or currency of any
information content, service, or merchandise provided through Daymon’s Website.
a. Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY DAYMON ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, DAYMON AND THE PROVIDERS DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. DAYMON SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE
MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. DAYMON AND
THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY SERVICES
OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES IS AT YOUR
SOLE RISK.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DAYMON NOR ITS AFFILIATES, NOR ANY OF
THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A
WARRANTY OF ANY KIND; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. SOME
STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION.
b. Limitation of Liability
DAYMON DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE
DAYMON WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE DAYMON WEBSITE MAY BE
INTERFERED WITH BY NUMEROUS FACTORS WITHIN OR OUTSIDE THE CONTROL OF DAYMON.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAYMON AND THE PROVIDERS WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE
AND/OR ANY HYPERLINKED WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DAYMON OR ITS
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY
INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS
CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO DAYMON’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT
DAYMON AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE DAYMON WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
AND RELIANCE ON THE DAYMON SERVICES, FROM INABILITY TO USE THE DAYMON SERVICES, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DAYMON SERVICES (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DAYMON WEBSITE OR A HYPERLINKED WEBSITE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS WEBSITE, SITE-RELATED
SERVICES, AND HYPERLINKED WEBSITES IS AT YOUR SOLE RISK.
c. Indemnification
You agree to defend, indemnify, and hold Daymon, its officers, directors, employees, agents, licensors,
and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees, resulting from or alleged to result
from, your (i) use of and access to the site, (ii) violation of these Terms of Use, or (iii) violation of any
third party right, including, without limitation any trademark, copyright or other proprietary or privacy
right.
5. Third-Party Links
This Website contains several links to other websites. These websites are not under the control of
Daymon, and the existence of a link on Daymon’s Website does not imply any endorsement of the
linked websites by Daymon or any affiliation between Daymon and the owners of the linked websites.
Daymon makes no representations or warranties, and disclaims all liability, relating to the accuracy,
content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy,
currency, decency, or any other aspect of the linked websites. You agree that Daymon has no
responsibility to you with respect to such material. Visitors to other websites are encouraged to
examine the privacy policies and/or terms of use policies of that website.
6. Online Conduct
The User agrees to use the Daymon Website and any e-mail services provided through this Website only
for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any
illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or
material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing,
grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files,
graphics, software or other material that actually or potentially infringes the copyright, trademark,
patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false
identity or otherwise attempting to mislead any person as to the identity or origin of any
communication; (v) exporting, re-exporting or permitting the downloading of any message, software or
content in violation of any export or import law, regulation or restriction of the United States and its
agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering,
disrupting or attempting to gain unauthorized access to other accounts on the Website or any other
computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard
loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
or (viii) engaging in any other activity deemed by Daymon to be in conflict with the spirit or intent of this
Website.
7. Termination
These Terms of Use are effective until terminated by either party. You may terminate these terms at any
time by discontinuing use of the Daymon Website and destroying all Materials obtained from this
Website and all copies thereof, whether made under these Terms of Use or otherwise. Your access to
the Daymon Website may be terminated immediately without notice from Daymon if in our sole
discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you
must cease use of the Daymon Website and destroy all Materials obtained from this Website and all
copies thereof, whether made under these Terms of Use or otherwise.
8. International Users
The Daymon Website can be accessed from locations around the world. Daymon makes no
representations that this Website or the Materials available through it are appropriate for use at other
locations outside the United States. Access to this Website from locations where this Website or any of
its Materials are illegal is prohibited. If you access this Website from a location outside the United
States, you are responsible for compliance with all local and/or international laws.
9. Security
If you use this Website, you are responsible for maintaining the confidentiality of a personal e-mail
account (“Account”) and password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your Account or password. You agree to (a) immediately
notify Daymon of any unauthorized use of your password or Account or and other breach of security,
and (b) ensure that you exit from your Account at the end of each session. Daymon cannot and will not
be held liable for any loss or damage arising from your failure to comply with this section. Daymon
reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized
attempts or intrusions to upload or change information or cause damage to this Website in any fashion.
Anyone using this Website expressly consents to such monitoring.
10. Arbitration
Any dispute relating in any way to your visit to Daymon’s Website shall be submitted to confidential
arbitration in Irvine, California, except that, to the extent you have in any manner violated or threatened
to violate Daymon’s intellectual property rights, Daymon may seek injunctive, equitable, or other
appropriate relief in any state or federal court in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of JAMS (www.jamsadr.com). The arbitrator’s award, including attorneys’ fees,
shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms of Use, Privacy Policy, or Cookie
Policy shall be joined to an arbitration involving any other party subject to these Terms of Use, Privacy
Policy, or Cookie Policy, whether through class arbitration proceedings or otherwise.
11. Applicable Law/Jurisdiction
This Website is hosted by Daymon in the State of California. As such, by visiting Daymon’s Website, even
if accessed from a location outside the United States, you agree that the laws of the State of California
will govern these disclaimers, Terms of Use, Privacy Policy, and Cookie Policy, without giving effect to
any principles of conflicts of laws. Daymon reserves the right to make changes to its Website and these
disclaimers, Terms of Use, Privacy Policy, and Cookie Policy at any time. You hereby irrevocably and
unconditionally consent to jurisdiction in the State of California.
12. Waiver/Severability
The failure of Daymon to require or enforce strict performance by you of any provision of these Terms
of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of
Daymon’s right to assert or rely upon any such provision or right in that or any other instance. The
provisions of these Terms of Use are intended to be severable. If for any reason any provision of these
Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent
jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such
determination of invalidity or unenforceability without affecting the validity or enforceability thereof in
any other manner and without affecting the remaining provisions hereof, which shall continue to be in
full force and effect.
13. Statute of limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Daymon Website, Terms of Use, Privacy Policy, or Cookie Policy must be filed
within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
14. Entire agreement
These Terms of Use constitute the entire agreement between you and Daymon with respect to the
subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of
Use, Privacy Policy, or Cookie Policy will be effective only if in writing and signed by Daymon.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Date Last Modified: March 2020
These Terms of Use may be changed at any time, without prior notice to you. You should, therefore,
periodically visit this page to review the current Terms of Use so you are aware of any such revisions to
which you are bound.