Dayspring Resources Terms of Service
Last Updated: June 2022
Welcome to Dayspring Resources
Dayspring Resources Inc. (“Dayspring Resources” or “Dayspring”) is an educational resources company that is focused on providing education programs, resources, courses, summits, coaching, and consulting on various topics. Dayspring Resources is presently introducing educational materials related to the issue of guardianship, probate, and eldercare. Every year there are thousands of people across the country who are placed into guardianship situations, sometimes with the cooperation of all involved, but sometimes against their will and/or against the will of their family or loved ones. Sometimes guardianship is an excellent solution for people who are not capable of handling their own affairs to one degree or another. However, evidence has mounted in recent years regarding serious abuses in the system in terms of the numbers of people involved, the scope of economic consequences of such abuses, and the extent of harm to those subjected to these abuses including the individuals and their loved ones, who are often lost in a complex and self-interested system. Dayspring is helping to bring these abuses to light and is striving to help educate people on how to handle guardianship cases even when they veer off course into a nightmare scenario. NOTE: No legal advice is provided by Dayspring on its websites, or in any materials provided or offered by Dayspring, and no attorney-client relationship is formed.
This document sets out your general rights and responsibilities for accessing or using websites operated or controlled by Dayspring Resources (collectively, “the Dayspring Sites”). The “Dayspring Sites” currently include the sites at dayspringresources.com, as well as learn.dayspringresources.com, guardianshipsummit.org, reformguardianship.com., endabusiveguardianship.com, guardianshipconspiracy.com, guardianshipnightmares.com, guardianshipbasics.com, guardianshipcoaching.com, guardianshipconsulting.com, guardianshipquestions.com, stopguardianshipelderabuse.com, lawsonguardianship.com, guardianshipgonebad.com, and legalguardianshipfacts.com. These sites provide various free and/or paid content, and unless otherwise expressly stated in a separate agreement or policy on a particular site, these Terms of Service will apply and will control.
Other sites may be added to this document at Dayspring Resources’ sole discretion. These terms may also apply to sites not listed here, and if so, there will be a link to these TOS.
By using any of the Dayspring Sites, you are acknowledging that you have read these terms of service (“Terms”, “TOS”, or “Dayspring TOS”) and agree to them. So, please read them carefully because your use of the Dayspring Sites are subject to these TOS.
DISCLAIMER: THE SUBJECT MATTER OF THE DAYSPRING SITES, AND THE ASSOCIATED COURSES, PRODUCTS, SUMMITS, AND SERVICES (COLLECTIVELY “THE MATERIALS”) CONCERNS COMPLICATED ISSUES AND INCLUDES TOPICS OF LEGAL, MEDICAL, AND/OR PSYCHOLOGICAL IMPLICATIONS. YOU EXPRESSLY ACKNOWLEDGE BEING FULLY INFORMED THAT THE MATERIALS ARE SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. THE MATERIALS ARE NOT INTENDED TO AND DO NOT PROVIDE LEGAL ADVICE TAILORED TO YOU, YOUR JURISDICTION, OR TO ANY PARTICULAR SITUATION YOU MAY BE FACING. THE AUTHOR IS NOT AN ATTORNEY AND NO ATTORNEY CLIENT RELATINSHIP IS FORMED. YOU SHOULD CONSULT AN ATTORNEY LICENSED IN YOUR JURISDICTION FOR LEGAL ADVICE. SIMILARLY, THE MATERIALS DO NOT OFFER OR PROVIDE MEDICAL OR PSYCHOLOGICAL ADVICE. SHOULD YOU REQUIRE MEDICAL OR PSYCHOLOGICAL SUPPORT, YOU SHOULD SEEK COMPETENT PROFESSIONAL ASSISTANCE. ANY CITATIONS OF LAW AND OF LEGAL CASES IN THE MATERIALS WERE ASSEMBLED AND PRESENTED WITH REASONABLE CARE BY PERSONS WHO ARE KNOWLEDGEABLE, BUT ARE PRESENTED “AS IS” WITHOUT WARRANTY AND NOT GUARANTEED TO BE 100% ACCURATE, COMPLETE, RELIABLE, AND/OR ERROR-FREE AT ANY PARTICULAR TIME. PROTECT YOURSELF BY CONSULTING WITH AN ATTORNEY FOR DETAILS REGARDING FILING ANY DOCUMENTS OR CASE IN COURT, AND TIMING REQUIREMENTS FOR SUCH FILINGS.
IF YOU DO NOT AGREE, DO NOT USE THE SITE.
There are no exceptions.
To use the Dayspring Sites you must be at least eighteen (18) years old. If you are under 18 years of age, you may not use the Dayspring Sites or purchase any membership, course, product, or service from us without the supervision of your parent or guardian. If the age of majority in your jurisdiction is older than 18, then you agree that you at least of the age of majority.
This TOS agreement may change from time to time. We reserve the right to amend or change all or parts of it as needed or desired. You will be notified (e.g. upon accessing the Sites, via email, or the like) of any material changes to this Policy. Any amendments or changes will also be posted here. Your continued use of the Sites after such changes are posted and you are notified shall constitute your acceptance of the new terms and conditions for the Dayspring Sites from that time forward. You will not be held to any material change until and unless you know about it and have accepted the new terms based on continued use.
Dayspring Resources is committed to making the Dayspring Sites accessible to all. Accordingly, Dayspring Resources is working to employ accepted accessibility standards including the WCAG 2.x principles so that the Dayspring Sites are:
(i) Perceivable: Content on the Dayspring Sites is presented in an easily perceivable manner. Where practicable, Dayspring Resources will endeavor in the future to implement alternatives to text, such as audio alternatives or assistive technology, to allow sight-impaired individuals to perceive the content;
(ii) Operable: Navigation on the Dayspring Sites is easy to operate. Where practicable, Dayspring Resources will endeavor to offer keyboard accessibilities so users with disabilities can easily navigate the Dayspring Sites and access the content;
(iii) Understandable: The content on the Dayspring Sites is understandable when due care is taken by the reader. Despite the sometimes complex legal subjects involved, Dayspring Resources constantly strives to make content readable and understandable. Dayspring Resources may offer input assistance in the future if practicable; and
(iv) Robust: Dayspring Resources believes the content on the Dayspring Sites can be parsed and/or interpreted by various assistive devices and platforms.
If you have trouble accessing the Dayspring Sites, please contact us and let us know what issue(s) you are having and we will try to assist you. While we continue to develop and enhance our accessibility features, we encourage you to explore the accessibility options installed on your devices. When we have completed our complete policy on accessibility, it will be made available here: https://dayspringresources.com/legaldocs/accessibility
(i) Dayspring does not to disclose any personal nonpublic information of any visitor, customer, member, or client to any third-party, except under very limited circumstances, including to enable us to provide the services you have requested; and
(ii) Dayspring collects only as much personally identifying information as is required to provide the services you have requested, or for which you register and/or pay us to provide.
Dayspring only discloses personally-identifying information to improve the services or your user experience, such as to third-party service providers we may use, or when we are required to disclose. We will only disclose as much information as needed to realize the service improvements or user experience. Where required by law, such as a subpoena or court order, we will respond appropriately, and/or if our attorneys advise us that we need to provide personal information, we will follow their advice.
You also understand that the Dayspring Sites or portions of the Dayspring Sites are publicly available (e.g., through search engines). If there are opportunities for you to, e.g., post comments on a public portion of the Dayspring Sites or to interact via our social media your post(s) or comment(s) (including any personal information therein) may be publicly accessible via search engines and other means on the public Internet. Dayspring Resources assumes no responsibility for information that YOU make public, and we will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others not in our control. You should avoid posting information on any public site or via social media if you do not wish that to be disclosed or made public. Be careful. If you post via social media, we do not have control over the content of your post.
C. Your Use of the Dayspring Sites
Your Access and Use of the Dayspring Sites is Subject to A Limited License
Use of the Dayspring Sites is permitted under a “limited license” that provides you limited access to the Sites under these Terms. Your access, including paid access, can be revoked without warning if you violate these Terms.
The Dayspring Sites, and all of the Dayspring content thereon (the “Dayspring Content”), is the exclusive and private property of Dayspring Resources unless otherwise stated. Content you have created is your content (“User Content”), subject to provisions detailed elsewhere in these Terms.
Your right to access and to use the Dayspring Sites is personal to you, unless Dayspring Resources provides additional or approves additional access (such as access for a family member or such). That means you may not share your access credentials (e.g. your username, login details, or password) to the Dayspring Sites, or to any Dayspring course, product, or service offered via the Dayspring Sites. You agree to keep your login credentials secure. You also agree to comply with any password security policies, including password change requirements, complexity requirements, or verification requirements. If you are prompted to change your password, you understand and agree that failure to do so in a timely fashion may result in loss of access to the Dayspring Sites, courses, products, or services.
You may only use a standard web-browser (e.g. on a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or other mobile device) to access the Dayspring Sites, courses, products, and services. Dayspring Resources may require or recommend specific browsers or specific plugins or addons for certain browsers to maximize functionality or to obtain certain functionality. You agree to comply with any such requirements for use of the Dayspring Sites. No other software may be used to access the Dayspring Sites, the Dayspring Content, or our database(s), including robots, spiders, crawlers, or other automated systems (detailed below as “Unauthorized Uses”) to access or probe Dayspring Resources’ sites, servers or files. All such use is in violation of these TOS, and may be a violation of applicable law. You understand and agree that any violations of this section will result in automatic lifetime ban without refund.
Permissible use of the Dayspring Sites includes all the uses which would normally be associated with any sites of this nature, and which are not expressly prohibited herein.
– You may access various Dayspring Sites, including paid services with a valid user account, subject to any applicable EULA;
– You can view posts, replay videos, and/or access other Dayspring Content provided;
– You are free to post comments, discuss, ask questions via the Dayspring Sites or via social media (where provided for);
– You may participate in Dayspring polls, surveys, discussion threads, support forums, or provide feedback in other ways to Dayspring Resources regarding the Dayspring Sites (where provided for);
– You can interact with and/or share experiences with Dayspring Resources, or the Dayspring community (where provided for);
– You can share public portions of the Dayspring Sites with others via social media; however, you may not provide any link to an internal page or document on the Dayspring Sites that is not public, whether or not you have an URL for such page or document.
– You may have access through the Dayspring Sites to courses, products, trainings, or services that you have licensed or purchased from us, or subscribed to. In most cases you will have to provide your login credentials to gain access to paid services or content.
Unauthorized use of the Dayspring Sites or the content is strictly prohibited.
There are many permitted uses of the Dayspring Sites such as those exemplified above, but not all uses are permitted.
Any use of the Dayspring Sites that could in any way damage or impair the functionality for other users to any extent, slow, restrict, or overload the Dayspring Sites, or increase the operating costs, or disproportionately utilize or monopolize server resources or bandwidth in connection with the operation of the Dayspring Sites is prohibited. Dayspring Resources reserves the right to ban, throttle, or restrict access to any user who burdens Dayspring’s servers, storage space, or bandwidth.
Unless expressly provided, no “commercial’ uses are allowed of the Sites or any of the Dayspring Content without written permission. “Commercial uses” in the foregoing means using the services on behalf of others. This section in no way limits the use of the Dayspring Sites by registered Users (or licensees) for themselves, or on behalf of any third party (e.g. a ward or the like) for whom the User has responsibility or in whom the User has a lawful interest.
You agree to respect our intellectual property rights (as set forth below) and understand that you may not download or copy the Dayspring Sites or ANY of the Dayspring Content in ANY area of the Site, except where permission to do so is expressly provided, or unless such information is provided on specific parts or portions of the Dayspring Sites, such as a “Downloads’ or “Free Resources” section. This means you may not download or copy Dayspring Content yourself, or through any software, automated, or other means.
Other Prohibited Uses:
You may NOT employ any automated device, software tools, harvester, extractor, scraper, spider, robot, program, code, script, algorithm or methodology, or any similar or equivalent manual process, to request, read, access, acquire, or copy the Dayspring Sites or any portion thereof, or any Dayspring Content. You expressly acknowledge such unapproved access impermissibly utilizes Dayspring’s server resources and you agree to be strictly responsible for payment for all such nonpermitted access to Dayspring’s server resources at the rate of $1.00 per file requested and/or served, and/or $0.01 per kilobyte of data requested and/or served to you through nonpermitted access.
For the sake of clarity, such nonpermitted access expressly includes “reverse image searching” software, programs, or algorithms, and you expressly agree not to utilize or employ any reverse image searching software, programs, or algorithms to access Dayspring’s servers. Your use of such software, programs, or algorithms further constitutes your express grant of an irrevocable, fully-paid up, unrestricted license to Dayspring to use any image thus identified on its servers, or the economic equivalent thereof in liquidated damages, in addition to the fees described above.
Dayspring respects private property rights (including intellectual property rights) of others and expects the same respect. Nothing herein circumvents or is intended to circumvent any party’s rights under any applicable copyright laws, but rather to protect Dayspring’s private servers from impermissible access that places demands on its servers to the detriment of its visitors, users, and paying customers. You expressly agree that this provision is reasonable and enforceable, and that any prior failure of Dayspring to enforce this provision does not constitute a waiver of its right to enforce this provision.
You may not reproduce the Dayspring Sites or portions thereof in any way, nor ‚ “mirror” the Dayspring Sites at a separate location or on a different server. You may not obtain or attempt to obtain any Dayspring Content through any means not purposely made available through the normal use of the Dayspring Sites (e.g. using a standard web browser).
You also expressly agree not to attempt to reverse engineer, replicate, or circumvent any feature of the Dayspring Sites, or any course, product, or service that is marketed through the Dayspring Sites.
You also agree not to attempt to divert traffic from the Dayspring Sites by use of a confusingly similar domain name. You agree not to claim or suggest ownership or control of the Dayspring Sites, nor to imply or suggest any non-existent affiliation with the Dayspring Sites.
You agree not to use Dayspring’s support to resolve or address issues related to problems with access to courses, products, or services, and not to use comment or feedback threads (where provided) on the Dayspring Sites, or in any Dayspring social media group(s) to post support issues or support-related complaints. You also agree not to use comment threads or feedback threads, or official social media(s) for posting comment spam, links to other products, or services, or for attacking other users. You understand and agree that any such prohibited uses may result in the loss of access to the Dayspring Sites, products, or services without warning or refund.
You also may not attempt to gain unauthorized access of any kind to the Dayspring Sites, or to any course, product, or service offered through the Dayspring Sites, or to probe for vulnerabilities, install malicious software, overload the server, or consume bandwidth via any means including hacking, password guessing, backdoors, code injection, or any other means.
You also agree that you will not engage in any activities using the Dayspring Sites that violate applicable laws or regulations in your locale. Such uses are strictly prohibited and include invasion of privacy laws, laws pertaining to defamation or libel, or the like.
Dayspring Resources will aggressively protect its legal rights against such violations.
D. Intellectual Property
All Dayspring Content (including e.g. text, graphics, video, video scripts, audio, audio scripts, music, artwork, sounds and sound tracks, visual components, photographs, and computer code, as well as branding, logos, and such), including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement on the Dayspring Sites, or in the courses, products, or services offered through the Dayspring Sites is owned or controlled by, or under license to Dayspring Resources, and is protected by US and international copyright, trademark, trade dress, and various other applicable intellectual property rights, including unfair competition laws.
Copying, Downloading, & Sharing
You may only copy or download content or information on the Dayspring Sites that is expressly provided for that purpose. You understand and agree that we, in our sole discretion can decide which Dayspring Content you may download, copy, and/or share and that you will abide by our decisions and policies with regard to Dayspring Content. You understand that if you do copy or reproduce any information without permission, we may immediately terminate your access to the Dayspring Sites and/or to the products or services, without refund.
If a file is made available for and intended for downloading, there will be downloading instructions, which tell you that you can download it and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission.
You agree that you will not remove, replace, or obscure any copyright, trademark, service mark or other indicia of source or ownership, nor any notices or legends used in connection with any Dayspring Content provided on the Dayspring Sites or courses, products, or services offered through the Dayspring Sites, nor with respect to anything that you may post or upload to the Dayspring Sites (if any uploading is permitted) or via any software or service. Any effort to remove, replace, or obscure such marks is a violation of these Terms of Service.
The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Dayspring Sites, even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends.
Third party content, if any, provided by users may be copyrighted by such third parties and its use on the Dayspring Sites is with permission, or solely for discussion, commentary, and/or educational purposes, and is believed to be a fair use within the meaning of 17 U.S.C. §107.
Please see our Digital Millennium Copyright Act (“DMCA”) safe harbor notice if you believe content posted by one of our users infringes on your intellectual property rights.
“Dayspring Resources”, “Dayspring Summit,” “Guardianship Summit”, “Reform Guardianship”, “End Abusive Guardianship”, “Guardianship Conspiracy”, “Guardianship Nightmares”, “Stop Guardianship Elder Abuse”, “Guardianship Gone Bad, and other trademarks and service marks referenced herein are trademarks and/or service marks of Dayspring Resources. Dayspring Resources’ marks (whether or not registered) may not be used for any reason(s) without express permission, regardless of purpose or intent, including for affiliate or similar promotions of Dayspring Resources products or services.
Any other trademarks or service marks used or mentioned herein, or on the Dayspring Sites, whether or not registered, are the property of their respective owners. Permission for the use of any third-party mark should be obtained from the owner.
For purposes herein, discussion or commentary that may involve federally registered trademark names, or names protected under the common law, is believed to be nominative use that is permissible and not subject to restriction.
You also agree not to register, operate, or lease any domain with a confusingly similar name to any of Dayspring Resources mark(s) or domains names without express permission from Dayspring Resources.
You understand and agree that any such use, in the absence of a formal license, is solely by permission of Dayspring Resources, which may be revoked at any time at Dayspring Resources’ sole discretion. Dayspring Resources will try to provide reasonable notice of such changes to any permissioned user of the Dayspring Resources marks.
We welcome your ideas, suggestions and comments for improvements, or new products or services. We accept all unsolicited suggestions, ideas, and feedback solely on an unrestricted basis. That means if you provide suggestions, ideas, or feedback to us, we are not limited in how we utilize, implement, or commercialize the ideas, suggestions, or feedback. Our acceptance of your voluntarily submitted ideas, suggestions, or feedback is not an acknowledgement or admission that anything in the ideas, suggestions, or feedback is original to you. Unless we have agreed otherwise in writing prior to your submission, you understand that we own all rights to any improvement(s) or new course(s), product(s), or service(s) we make, whether or not they incorporate or appear to incorporate (in whole or in part) any idea, suggestion, or feedback you provided. You agree to relinquish and/or assign any right, title, or interest in such idea, suggestion, or feedback that you might otherwise retain. You agree that our review and consideration of your idea, suggestion, or feedback, and/or our implementation or development thereof (in whole or part), as well as your access or continued access to the Dayspring Sites, are adequate compensation for your assignment thereof. Do not submit any ideas, suggestions, or comments unless you understand and accept the foregoing, or if you expect compensation for submitting them.
Your Content (“User Content”)
Where allowed and provided for, content that you have created or uploaded to our various Dayspring Sites is your content (“User Content”). You own it and we respect that. We will never take your User Content for any ulterior motive. In order for us to provide you with the services you want and expect, e.g. to store your User Content and display it / serve it to your end-users or intended recipients, you have to grant us certain rights (i.e. a license) to use and copy your User Content. We must have the rights required in order to display and share your User Content. We might on occasion also make ‘nominal’ use of your content, e.g. as part of our marketing or promotion.
E. External Links/Affiliate Relationships
Dayspring Resources may use third party endorsements on the Dayspring Sites, on social media (including in video and non-video formats), or in advertisements. Where used, such endorsements come from unrelated third parties who are users of the Dayspring Sites or actual customers of Dayspring Resources. These users or customers have not been compensated for providing an endorsement, recommendation, or referral, whether or not Dayspring Resources has invited the endorsement, or whether or not the endorsement has been submitted to Dayspring Resources. Likewise, third party reviewers may post reviews about Dayspring Resources, the Dayspring Sites, courses, products, or services. Whether or not these reviews are positive, they are uncompensated and Dayspring Resources is not responsible for the content, does not review or advise on the content, and does not exercise editorial control over such reviews. Dayspring Resources reserves the right to reach out to any such reviewers to correct the factual record in the event there is an error of fact. Dayspring Resources is not responsible for the accuracy of any claims made by such reviewers.
Dayspring Resources may provide links on the Dayspring Sites to external sites that provide additional resources, products, or services that we believe may be useful to you, or worth exploring. We may recommend a resource, or we may merely suggest that you check out or consider whether a particular product or service may be useful for you.
Sometimes we’ll provide hyperlinks (or “links”) that will direct you to or connect you with other websites that are not related to the Dayspring Sites. Where such websites are third-party owned and operated, they are not prepared by, offered by, or controlled by us. We are not responsible in any way for the quality, content, nature, applicability, or reliability of third-party sites accessible by hyperlink from the Dayspring Sites.
Our decision to provide links to external or third-party sites does not necessarily imply affiliation, endorsement, or adoption of those sites, any information contained therein, or any products or services offered on the Dayspring Sites. We will inform you of any such affiliations. We do not and cannot guarantee that the information or other linked material on third-party sites is accurate, current, or available. You understand that we assume no responsibility or liability for any external links or any content on such third party sites, and you agree that we are not responsible whatsoever for any actions you take there. We likewise make no claims regarding and accept no responsibility for third party sites that link to our Sites.
Even where we expressly endorse a product or service (which endorsement may be based on the personal or professional opinion of one or more persons), you understand that our position or opinion on the resource, product, or service is based on those factors we have considered, and that we do not have the ability to evaluate or opine on the quality, advisability, suitability, need, price, or satisfaction that you may experience with such resources, products or services. You should always do your own due diligence on any resource, product, or service to determine if it is useful and appropriate for you, whether or not we recommend it.
Dayspring Resources or its owners may sometimes have an affiliate relationship with a third-party site or service provider mentioned on the Dayspring Sites. This means we may be compensated (e.g. receive a valuable benefit, or even a commission) if you visit and/or purchase a product or service from the affiliated site.
We will generally endeavor to identify any such relationships and remind you that even though we endorse a particular product or service, we also may be compensated in some way if you choose to do business with the recommended business or site.
Where we do have an affiliate relationship with such third-party sites, our receipt of compensation does not increase your cost to purchase the product or service, and if you purchase through an affiliate link, you may receive valuable additional content that you would not otherwise be entitled to receive. Moreover, while people may request that we endorse or recommend their products, we will never endorse or recommend any product or service we do not believe in, that is not of good quality, or which we do not think can provide benefits for you, regardless of potential compensation to us.
However, if you are in doubt, you should assume that we do have such a relationship, and that we will be compensated if you purchase a product or service. If the possibility of us receiving compensation is not agreeable to you, please do not purchase through any link on the Dayspring Sites.
Our courses, products, and services, including those that are available through the Dayspring Sites may also be offered by or through third party affiliates. Such affiliates would be compensated by us if you purchase a product or service from us. While we are responsible for the quality and performance of our courses, products, or services, we cannot be held responsible for any claims made by third parties. Moreover, those third parties may promise the inclusion of one or more additional products or services. If those additional products or services are a part of Dayspring Resources’ offer, we are responsible for delivering or providing them and will do so. If the third-party affiliate has offered additional products or services that are not a part of our offer, you should contact them regarding delivery, or support issues for those products or services.
We will always endeavor to be selective in the people or companies we allow to promote our courses, products, or services. If you believe that you have been promised products or services from a third party claiming to be our affiliate who does not follow through or deliver the promised products, or services, and if you have been unsuccessful in resolving the issue, we would appreciate hearing about it. Problems can arise, and while we cannot take responsibility for such problems, if we see a pattern of problems with an affiliate we will determine if we should allow them to promote our products or services in the future.
F. Information You Provide To Us Must Be Truthful
When registering for, enrolling in, subscribing to, or purchasing any course, product, or service through the Dayspring Sites, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to us is registered to you and/or your use of such information is with permission. You understand that we can and generally will bar your access to and use of the Dayspring Sites if we believe that you have provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are ordering or purchasing courses, products, or services on behalf of a company or other entity, that you have proper authority to commit that company in such a transaction. If you are using a lawful pseudonym, nickname, assumed name or the like (where permitted), you agree that you will nonetheless provide accurate information to our processing company where required (e.g. your real name in connection with a credit card account) so that you can be billed for one-time or, if applicable, recurring fees.
G. Course, Product, and/or Service Descriptions
Dayspring Resources attempts to be as accurate as possible in its descriptions including descriptions of courses, products, or services offered or available on the Dayspring Sites. We make every reasonable effort to ensure accuracy, however, we cannot guarantee that the description of every course, product, or service on the Dayspring Sites is 100% accurate, complete, reliable, and/or error-free. We do not assume any responsibility for the accuracy of any descriptions for any course, product, or service using any of the Dayspring Sites. You should contact us if you are dissatisfied with any course, product, or service based on an inaccurate or misleading description. Please also see our Refund Policy below.
H. Additional Terms
This Terms of Service agreement is also governed by the provisions below. You should seek to understand these provisions and you must agree and abide by them.
- No Warranties are Made
We make no warranties, expressed or implied, regarding the Dayspring Content on the Dayspring Sites. No warranties or guarantees are made as to the accuracy, factual basis, timeliness, applicability, or suitability of any information on the Dayspring Sites for any purpose, including your particular needs. While Dayspring Resources’ principal has extensive experience in areas related to the Dayspring Content and the courses, products, and services, nothing written, discussed, presented, or communicated in any way or form on the Dayspring Sites is intended as professional advice and should not be considered or used as such. No claims or guarantees of particular results are made. Consult your attorney, or other professional for help should you require it. Your use of the Dayspring Sites is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take based on Dayspring Content provided here.
The Dayspring Sites, and the Dayspring Content, including any information, data, cited law, case studies, and personal experiences shared on the Dayspring Sites or any courses or products are all provided on an “AS IS,” and “AS AVAILABLE” basis.
The Dayspring Sites, courses, products, or services may not always be available to you when you would like access for reasons beyond our control. And from time to time we may suspend and/or deny access to the Dayspring Sites for updates, maintenance (scheduled or unscheduled), enhancements, upgrades, improvements, or corrections, or to maintain or improve security.
In addition, we also believe some Dayspring Content may have a limited useful life and we reserve the right to take down, remove, or archive Dayspring Content at our discretion.
We also do not make any guarantees that the Dayspring Sites will be updated, changed, or amended on a particular schedule or with regularity. Despite our desire and sincere efforts to keep the Dayspring Sites and Dayspring Content up to date and free of errors, the Dayspring Content may contain typographical or factual errors or inaccuracies, or become outdated.
- Refund Policy:
We attempt to be as accurate as possible in the descriptions on the Dayspring Sites including descriptions of courses, products, and services offered or available on the Dayspring Sites, we cannot and do not guarantee that every product or service description on the Dayspring Sites is 100% accurate, complete, reliable, and/or error-free.
While the vast majority of our customers may be delighted with their purchases, if for some reason you are unhappy with any course, product, or service offered through the Dayspring Sites, your sole recourse is this Refund Policy, subject to any stated guarantee for that course, product, or service.
Generally, you can receive a refund within the refund period defined any time a money-back guarantee is made. Where a satisfaction guarantee or other written guarantee is expressly offered in connection with a particular course, product, or service, you can hold us to whatever other promises we made in our written guarantee. If there are any stated conditions in the guarantee, you may need to document that you have satisfied the conditions.
There are NO other warranties or guarantees made related to the use of the Dayspring Sites or the Dayspring Content, or for any courses, products, or services offered through the Dayspring Sites. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
14-Day Refund Period. ALL SALES ARE FINAL AND NON-REFUNDABLE ON THE 14TH DAY AFTER YOUR ORIGINAL PURCHASE DATE. Prior to the 14th day, a full unconditional refund for courses, products, and services may be obtained by sending an email to email@example.com with details of your purchase information. Further details for subscriptions, installment sales, and physical products are provided below.
Membership/Subscription Refund /Cancellation. If you have purchased a membership or subscription with recurring fees, e.g. a monthly, quarterly, or annual membership or subscription, you will have monthly, quarterly, or annual payments as agreed. Unless otherwise defined, your membership or subscription is ongoing and will continue as agreed until you cancel it. If you’d like to cancel your subscription, send an email to firstname.lastname@example.org and your subscription will be cancelled promptly and you will not be charged for any future payments.
Past payments are non-refundable with no exceptions. Your initial payment in a membership subscription is refundable, IF the cancellation request is submitted within the general 14-day Refund Period described above.
- Dayspring Resources’ Liability is Strictly Limited
You understand and agree that we are not and will not be responsible for any loss or damage that you might incur as a result of using the Dayspring Sites, or any Dayspring courses, products, or services offered through the Dayspring Sites whether it results from an act or an omission by us or any other party, including another user.
You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind, even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user’s equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
In all cases, our total liability shall be limited to liquidated damages of no more than (i) the amount you spent on any course, product, or service offered through the Dayspring Sites in the last calendar year, or (ii) $50.00, whichever is greater. Moreover, you agree that all claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.
You agree to be held accountable for your behavior on the Site.
In some cases, we may provide opportunities on the Dayspring sites to participate in public discussions, or to direct posts or comments to Dayspring Resources, fellow participants, or the like. You agree to only post or store information (including in comments) on the Dayspring Sites that you own or have proper rights to publish or post. You may not publish or post, and you agree not to publish or post or store any proprietary or confidential information, trade secrets, insider information, or similar information on the Dayspring Sites, or through the use of the courses, products, or services offered through the Dayspring Sites. If you are not the copyright owner of any image or other information or do not have permission from the copyright owner, you agree not to publish, post, or store that image or information on the Dayspring Sites and will indemnify us for any harm caused to us by your actions. You understand that you must have proper rights to place any User Content on the Dayspring Sites including within your user accounts. You warrant that all your User Content is original to you, or adequately licensed by you to use.
To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless Dayspring Resources and its subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third-party arising out of and/or relating to your use of the Dayspring Sites, the products or services, your violation of our Terms of Service, and/or your violation of any rights of a third party.
- No Conflict of Interests
If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not comment or post information about that site, product, or service without disclosing your interest. You also agree to never to post under an assumed name or use a false identity on the Site(s) for personal gain, or to avoid disclosing your conflicting interest. You agree not to post unfavorable information about any competing business or service without disclosing your business interests. You also will not have another person make such comments or posts for your benefit or gain.
- Jurisdiction and Binding Arbitration
Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case reasonable costs and attorney’s fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by Dayspring Resources.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected.
The provisions of this section survive any termination of the Terms.
The Dayspring Sites are controlled and operated by Dayspring Resources Inc. from its headquarters in Albuquerque, NM, in the United States of America. Because the Dayspring Sites are hosted on the worldwide web, access may be available in other countries. We are happy to make the Content, courses, products, and/or services available to people in any country where legal to do so. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, we makes no representation that materials on the Dayspring Sites are appropriate or legal for use in any locations outside the United States. Moreover, the Content, courses, products, and services pertain to matter of US and/or state law, and may not be germane to situations in other countries beyond US law. The laws regarding use of video content, and the dissemination of privately produced video via the Internet may also vary in different countries. If you have access to the Dayspring Sites from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of your jurisdiction and determining whether the information is useful and or applicable to you. Accessing the Dayspring Sites from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and definitely not recommended by us. If you choose to access the Dayspring Sites from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.
Your continued access or use of the Dayspring Sites is your acceptance of the foregoing Terms of Service in their entirety.
Please enjoy the Dayspring Sites!
Questions regarding our Terms of Service may be directed to:
Rev 062722.2 Dayspring Resources, LLC.