Terms and Conditions
General Information, Conditions, and Definitions
These terms and conditions (hereafter also referred to as “Terms and Conditions,” “Terms of Service,” or “Terms”) are intended to govern your use of the website (hereafter referred to as the “website” or “site”), which is an asset wholly owned and operated by Day 3 Creation, LLC, a Texas Limited Liability Company (hereafter referred to as “us”, “we”, “our”, or “the Company”, “Day3Creation”, or “Day3”, or “D3C”). The hemp products found on this site are purchased from manufacturer(s) in the continuous United States, and presented for retail purchase by Day 3 Creation, LLC on this site (hereafter the “products”).
These Terms and Conditions apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content. These Terms are subject to change without notice at any time and at the sole discretion of the Company. Any changes are effective when they are uploaded to the site. Your use of this site after any changes are implemented constitutes acknowledgement and acceptance of the changes.
Please read these Terms and Conditions carefully and regularly before further accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms and Conditions in this agreement, including any changes, then you may not access the website or use any services. If you choose to continue using the site, service, and/or the products, you acknowledge and accept the Terms and any changes. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse any requested or intended recipient of the Get Relief/Give Relief program and we will choose the actual recipients at the sole discretion of Day 3 Creation, LLC.
You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the site/service/product/information, use of the site/service/product/information, or access to the site/service/product/information, or any contact on the website through which the site/service/product/information is provided, without our express written permission.
The headings, organization, or paragraph breaks used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
These Terms and any policies or operating rules posted by the Company on this site or in respect to the site/service/product/information constitutes the entire agreement and understanding between You and us and govern Your use of the site/service/product/information, superseding any prior or contemporaneous agreements, communications, proposals, whether oral or written, between you and Day 3 Creation, LLC (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms shall not be construed against the Company or any associated drafting party.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Questions about the Terms of Service should be sent to us at .
License for Site/Content use
Pursuant to your compliance with these Terms and Conditions, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the materials and content (hereafter referred to as “Content”) on this site. This license does not allow you to re-sell or make any commercial use of the Site, its Content or our products sold through the Site. You may not make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. You may use this site only for the purposes expressly permitted by the Company. You may not use this site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms and Conditions, “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 the Company in ceasing any unauthorized co-branding, framing or hyperlinking. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us, our licensors, suppliers, publishers, rights-holders, or other Content providers.
Ownership, Trademark, and Copyrights
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this site. With the exception of your Submissions and the Submissions of other users, you agree that the Company and its suppliers own all rights, title and interest with respect to the Site, the products sold therein, and any other item sold by Day 3 Creation, LLC. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the site, the services, or any other item related to Day 3 Creation, LLC. If you believe that your copyrighted work has been used or displayed on our site in a way that constitutes copyright infringement, please contact us immediately.
Medical Information Disclaimer
This site contains general information and content about diet, health, and nutrition. This information and content is NOT MEDICAL ADVICE, and should not be treated as such. The contents of this site are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition or use of any supplement product. The general information and content on this site are provided “AS IS” without any representations or warranties of any kind, express or implied. Use of this site is “At Your OWN Risk”. Day 3 Creation, LLC, makes no representations or warranties whatsoever in relation to any health information on this site. You must not rely on the information on this site as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention from a doctor or other professional healthcare provider. Do NOT delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information you found on this site or in materials provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any products sold to you by Day 3 Creation, LLC, you should consult with your doctor or other healthcare provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither Day 3 Creation, LLC, nor its representatives or agents, are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this site or in any Day 3 Creation, LLC, materials or provided over the phone or in email correspondence.
Use of Website/Online Store
By accessing this website and/or purchasing a product or service from Day 3 Creation, LLC, you acknowledge and accept these Terms and Conditions, including any additional Terms and policies referenced herein and/or available by hyperlink, and You represent that (1) you have read, understand, and agree to be bound by these Terms, (2) You also represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, and (3) you have the authority to enter into the Terms personally or on behalf of company or entity you have named as the user, and to bind that company to these Terms and (4) you are of legal age to buy the products identified herein. It is your sole responsibility to determine if you are of legal age to purchase the products sold on this website. It is your sole responsibility to ensure only you, or those you’ve consented, can access this site from any device owned, used, possessed, accessed, or controlled by you.
Due to the age restrictions for this website, no information obtained by the site falls under the jurisdiction of the Child Online Privacy Act (COPA) and is not monitored for such. 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 the Company believes the information you provide is not correct, current, or complete, 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.
You understand, acknowledge, and accept that we cannot and do 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. We do not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS WEBSITE, ITS CONTENT, SERVICES, INFORMATION, AND PRODUCTS SOLD THEREIN IS AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We shall be not held liable for any improper or incorrect use of the information, services, site, or products purchased on this site and assume no responsibility for anyone's use of the information, services, or products purchased on this site. We will not be liable if you or anyone to whom you provide the products purchased on our site is exposed to or comes in contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damage(s) caused in any way through the use of information, services, site, or products purchased on this site. This includes, but is not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the site user, to be caused by the information, services, or products on this site, or by using this site.
A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the services and site.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any exists). The Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Day 3 Creation, LLC, considers insecure, the Company 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, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate any suspected violations of these Terms. Day 3 Creation, LLC, reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us 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 and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
In addition to the other prohibitions set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service, site, any related website, any other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, networked computers, or the Internet.
You may not post, send, submit, publish, or transmit in any capacity in connection with this site any material that:
You have no right to submit, including proprietary material of any third party
Advocates illegal activity or communicates intent to commit an illegal act
Vulgar, obscene, pornographic, or indecent
Does not pertain directly to this site/service/products
Threatens/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 material or seeks personally identifiable details or otherwise
Infringes or violates any intellectual, copyrights, trademarks, rights of publicity, or other right of any entity or person
Violates any law or may be considered by the Company to violate any law
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates information or data transmission or identifiers to disguise the origin of the submitted material
Advertises any commercial endeavor or otherwise engages in any commercial activity except as specifically authorized on this site
Solicits funds, advertisers or sponsors
Includes programs which 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 or act in any way which affects the ability of other people to engage in real time activities via this site
Includes any video, music, executable, or data format files
Amounts to a pyramid, Ponzi, or similar scheme
Disobeys any terms, conditions, policy, or regulations established at any time regarding use of this site, service, or anything connected to this site or Day 3 Creation, LLC, sites
Contain any hyperlinks to any other sites whatsoever not explicitly approved in writing by the Company.
Although under no obligation to do so, the Company 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 and without notice. Notwithstanding these rights, you remain solely responsible for the any data, information, or material of your submissions. You acknowledge and agree that neither the Company nor any third party that provides any product/service/site/support to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to anything submitted to Day 3 Creation, LLC. You may use our site and service only as permitted by law and these Terms and Conditions. The licenses we have granted you terminate if you do not comply with these Terms.
Further, Day 3 Creation, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to the Company in its sole discretion.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses or submissions.
Accuracy, Completeness, Timeliness, Errors, Omissions
We do not warrant or guarantee the accuracy, completeness or currency of the information made available on this site. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the service or on any related website, including but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
We make no warranty, express or implied, that the site, services or any services, products, or information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, 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. We do not warrant or make any representation regarding use, or the result of use, of the content, site, or information in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
The Company may provide you with access to third-party sites or tools over which we neither monitor, nor have any control, nor input. You acknowledge and agree that we provide access to such tools or sites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or sites. Any use by you of optional tools or sites offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website. Any new features and/or services shall also be subject to these Terms. You understand that the Company 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. Day 3 Creation, LLC, does not assume any responsibility or risk for your use of the Internet.
Fees and Payments
You agree to pay all fees or charges related to your purchase in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Day 3 Creation, LLC, with your credit card number and associated payment information, we are authorized to immediately invoice you for all fees and charges due and payable to Day 3 Creation, LLC, hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the credit card used for payment hereunder. Day 3 Creation, LLC, reserves the right at any time to change its prices and billing methods. Day 3 Creation, LLC, fees are net of any applicable Sales Tax and you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify the Company for any liability or expense we may incur in connection with such sales taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “sales tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Day 3 Creation, LLC, is permitted or required to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Please note that Day 3 Creation, LLC, products are perishable and cannot be resold if returned. All returns require a Return Merchandise Authorization (RMA) number which can be obtained by emailing firstname.lastname@example.org. Customers are responsible for a 15% processing fee and all shipping costs for returned items. After obtaining this number, simply return the product with the RMA number clearly marked on the outside of the box within 7 days of receipt of the product to receive a purchase price refund less shipping fees, processing fees, and Get Relief/Give Relief contributions. Opened products are non-refundable after 7 days from receipt.
Our prices, services, products, sites, descriptions, and information are subject to change without notice and at our sole discretion. We reserve the right at any time to modify or discontinue the service/sites/products/prices without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that your internet browser and connection will be accurate.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or on the site will be corrected.
Hyperlinks to/from External Sites
This site may be hyperlinked to or from other sites which are not owned, maintained, or related to the Company. Hyperlinks to/from external sites are provided as a service to users and are not warranted, guaranteed, licensed for use, sponsored by, or affiliated with this site or the Company. Day 3 Creation, LLC has not developed nor reviewed any or all of such sites and is not responsible for the Content of those sites. Hyperlinks are to be accessed at the user’s own risk, and the Company makes no representations or warranties about the Content, its completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not imply endorsement by the Company of that site. Day 3 Creation is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The Content accessible from this site, and any other website owned, operated, licensed, or controlled by the Company is our proprietary information or the proprietary information of the party that provided the Content to us. The Company, or the party that provided the Content to us, retains all rights, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site. 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 and Conditions, violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any Content as a result of accessing this site.
You agree to indemnify, defend, and hold harmless Day 3 Creation, LLC, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, representatives, successors, and assigns (hereafter known as “Indemnified Parties”) from any claim, losses, damages, judgments, awards, costs, expenses, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of/from your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a 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 any and all resulting claims or demands in connection therewith. You also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising from your use of the information accessed from the site or the purchase or use of any of Day 3 Creation, LLC products. You agree that the provisions in this section will survive any termination of your Account or business relationship with Day 3 Creation, LLC, the Terms and Conditions, or your access to Company sites, products, or information.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of you and the Company incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or the Company. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our service, site, or products. If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms and Conditions we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services/site/products.
No waiver by the Company of any term, condition, or provision set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term, condition, or provision or a waiver of any other term, condition, or provision and our failure to exercise or enforce or delay in exercising and enforcing any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, United States of America without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). You specifically consent to personal jurisdiction in Texas in connect with any dispute between you and the Company arising out of these Terms and Conditions or pertaining to the subject matter hereof. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and Federal courts in Dallas, Texas, United States of America. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Laws regarding the products sold on this website
This website is intended for users located in the United States of America and is governed by the laws of the United States of America. You acknowledge that you are familiar any local laws regarding the purchase, consumption, and use of tetrahydrocannabinol (THC) or Hemp derived products in your jurisdiction. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
Disclaimer of Warranties and Damages; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Day 3 Creation, LLC, ITS OWNERS, EMPLOYEES, AND AGENTS BE HELD LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT Day 3 Creation, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE Day 3 Creation, LLC, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO Day 3 Creation, LLC, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SITE, SERVICES, OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE COMPANY DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR PRODUCTS WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SITE, SERVICES, OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SITE, SERVICE, OR PRODUCTS IS AT YOUR SOLE RISK. THE SITE, SERVICE, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH OUR SITE OR SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY THE COMPANY) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Dispute and Arbitration
In the event you purchase Day 3 Creation, LLC products or access any website or service associated with the Company, you and Day 3 Creation, LLC agree that any claim or dispute at law or equity that has arisen or may arise, relating in any way to or arising out of any service rendered or product created by Day 3 Creation, LLC, will be resolved in accordance with the provisions set forth in this section. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern any claim or dispute that has arisen or may arise between you and the Company. You and the Company agree that any and all disputes or claims that have arisen, or may arise, between you and Day 3 Creation, LLC, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act will govern where interstate commerce is involved, and the Texas Arbitration Act governs the other interpretation and enforcement of this Agreement to Arbitrate.
YOU AND DAY 3 CREATION, LLC, AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DAY 3 CREATION, LLC, AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of this Agreement, as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ('AAA') under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules and a form for initiating arbitration proceedings are available on the AAA's website at www.adr.org. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total amount of the invoice presented to you by the Company or (b) $100.00. In the event you file a claim, lawsuit, or demand for monetary relief against the Company regarding the services provided to you by Day 3 Creation, LLC, and the Company prevails, Day 3 Creation, LLC, shall have the right to collect from you reasonable costs and attorney’s fees.