(Effective Date: December 19, 2017)
Please read these terms carefully. By using this website or placing orders through TyJo, LLC or Yourdailysmiles.com, you are agreeing to these terms. Your use of the Yourdailysmiles.com website and any of its information, content and services available through related services and social media are subject to these terms and conditions ("Terms"), and any applicable site-specific policies included by reference in these Terms.
Please read these Terms carefully. By accessing or using the TyJo LLC Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the TyJo LLC Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the TyJo LLC Services. You agree that you do not have any rights in the TyJo LLC Services and that TyJo LLC will have no liability to you if the TyJo LLC Services, or any portion thereof, are discontinued or your ability to access or use the TyJo LLC Services is terminated.
1. Authorized Users. You affirm that you are 13 years of age or older. Indeed, in order to make a purchase through Yourdailysmiles.com, you must be 18 and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use Yourdailysmiles.com if you are unable to form a legal binding agreement with TyJo LLC. You agree that you are only authorized to visit or use Yourdailysmiles.com for your own personal use and not for any business purposes without a separate agreement in writing with TyJo LLC.
2. Accounts and Passwords. You may establish an account to use or access certain features of Yourdailysmiles.com. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your account. By logging into Yourdailysmiles.com, you represent and warrant that: (a) you are the customer who registered for the services on Yourdailysmiles.com; and (b) that you are using the Yourdailysmiles.com website and services only for permitted purposes. You will immediately notify TyJo LLC of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session.If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that TyJo LLC in its sole discretion deems offensive.
3. Policies and Procedures for Purchases. By accessing or using Yourdailysmiles.com, you agree to any policies and procedures for the purchase of the products or goods offered through Yourdailysmiles.com which are made part of these Terms.
3.01 Substitution Policy. Substitutions may be necessary to ensure your order is delivered in a timely manner. The utmost care and attention is given to your order to ensure that it is as similar as possible to the requested item. Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category.
3.02 Images of Products. TyJo LLC uses images for display purposes only. Actual products may differ from product images displayed as many of the products do vary. However, we will strive to have your order be as close to the images shown. Regardless of variations in products, we guarantee customer satisfaction in every order.
4. Yourdailysmiles.com Content. Content on the YourDailySmiles.com website that is provided by TyJo LLC, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing ("TyJo Content") is the property of TyJo LLC or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws. You are authorized to access and use the Yourdailysmiles.com website and related content; provided that: (a) your use of the TyJo Content as is solely for your personal, non-commercial use; (b) you do not copy, distribute or transfer any portion of the TyJo Content without TyJo LLC's prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of Yourdailysmiles.com or TyJo Content other than as may be reasonably necessary to use that part of Yourdailysmiles.com for its intended purpose; and (d) you will otherwise comply in full with these Terms.
6. Third Party Content. TyJo LLC has no control over and is not responsible and assumes no liability for: (i) any third party content contained within Yourdailysmiles.com; or (ii) the applicable third parties.
7. No Infringing Use. TyJo LLC respects the intellectual property of others and expects its users to do the same. It is TyJo LLC's policy, in appropriate circumstances and at its discretion, to disable or terminate users of Yourdailysmiles.com who infringe or repeatedly infringe the copyrights or other intellectual property rights of TyJo LLC or other rights owners.
8. DMCA Notice. If you are a copyright owner or an agent thereof and believe any User Content or other TyJo Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to Yourdailysmiles.com at firstname.lastname@example.org and include the following information:
8.01 Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
8.02 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TyJo LLC to locate the material;
8.03 Information reasonably sufficient to permit TyJo LLC to contact you, such as an address, telephone number and, if available, an electronic mail address;
8.04 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
8.05 A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
8.06 A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed. You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and TyJo LLC may not be able to remove infringing content.
9. Security. You shall not violate or attempt to violate the security of Yourdailysmiles.com. Violations of system or network security may result in civil or criminal liability. TyJo LLC reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
10. Communications. With respect to all communications with TyJo LLC, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and TyJo LLC shall have no obligation to protect your communications from disclosure; (b) TyJo LLC shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) TyJo LLC shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.
12. Indemnity. By using any of Yourdailysmiles.com, you agree to indemnify and hold TyJo LLC, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your improper use of Yourdailysmiles.com; (b) any User Content provided or used by you; or (c) your violation of these Terms.
13. Warranty Disclaimer. YOUR USE OF Yourdailysmiles.com IS AT YOUR SOLE RISK. TYJO LLC MAKES NO WARRANTY THAT Yourdailysmiles.com WILL MEET YOUR REQUIREMENTS. ALL NFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. TYJO LLC DOES NOT WARRANT THAT Yourdailysmiles.com WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
14. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW TYJO LLC SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR ACCESS TO, USE OF OR THE OPERATION OF Yourdailysmiles.com. YOU FURTHER AGREE THAT TYJO LLC'S MAXIMUM LIABILITY IN ANY CASE WILL BE NO MORE THAN THE AMOUNT YOU PAID.
15. Limited Time to Bring Your Claim / Trial by Jury. You and TyJo LLC agree that any cause of action arising out of or related to Yourdailysmiles.com or any related content including but not limited to any Claim or Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. To the extent allowed by law, each of you and TyJo LLC waive any right to trial by jury in any Dispute.
16. Miscellaneous. Both you and TyJo LLC acknowledge and agree that no partnership is formed, and neither you nor TyJo LLC has the power or the authority to obligate or bind the other. These Terms will be governed by and construed in accordance with the laws of the State of Minnesota without regard to: (i) such State's conflicts-of-laws principles; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If TyJo LLC fails to act with respect to your breach or anyone else's breach on any occasion, TyJo LLC is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and TyJo LLC, and are accepted by you as a condition for your use of Yourdailysmiles.com or your account. These Terms constitute the entire agreement between you and TyJo LLC regarding the use of Yourdailysmiles.com.