Terms of Use

Last updated November 24, 2023

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you and t'day ("Company," "we," "us," or "our"), concerning your access to and use of the tday.co website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in your jurisdiction of residence; (5) you will not access the Site through automated or non-human means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to engage in any activity that interferes with, disrupts, or imposes an unreasonable burden on the Site or its connected networks.

6. User Generated Contributions

The Site may invite you to contribute content such as ratings, comments, journal entries, and other materials. Your contributions must not be illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties. Contributions must not contain software viruses or any form of unsolicited communication.

7. Contribution License

By posting your contributions to any part of the Site, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, reproduce, and distribute your contributions for any lawful purpose. Journal entries are encrypted and private — they are excluded from this license.

8. Submissions

You acknowledge and agree that any questions, comments, suggestions, or other information regarding the Site that you provide to us are non-confidential and shall become our sole property.

9. Third-Party Website and Content

The Site may contain links to other websites and content belonging to or originating from third parties. We do not investigate, monitor, or check such content for accuracy, appropriateness, or completeness and are not responsible for any third-party content accessed through the Site.

10. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take legal action against anyone who violates the law or these Terms of Use; (3) refuse, restrict, or disable access to any user's contribution; (4) remove from the Site content that is excessive in size or burdensome; and (5) otherwise manage the Site in a manner designed to protect our rights and property.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

13. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right to deny access to and use of the Site to any person for any reason at any time, without notice. If we terminate your account, you are prohibited from registering and creating a new account.

14. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

15. Governing Law

These Terms shall be governed by and defined following the laws of the State of New Jersey. t'day and yourself irrevocably consent that the courts of New Jersey shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

16. Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in New Jersey, and the parties hereby consent to the personal jurisdiction of such courts.

17. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.

18. Disclaimer

The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

19. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand arising out of your use of the Site or breach of these Terms of Use.

21. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

22. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. Miscellaneous

These Terms of Use and any policies posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

25. Contact Us

To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@tday.co