Terms of Service

Last updated: 8/24/2023

The terms and conditions set forth are a legal contract between you and daybook.com The terms explain how you are permitted to use the website located at www.daybook.com as well as all associated sites linked to www.daybook.com, its subsidiaries affiliated companies or content associated with the site. By using daybook.com, you are agreeing to all of these terms; if you do not agree with any of these terms, do not access or otherwise use the site and any of the services, or any information or materials contained within the site.

daybook.com may make changes to the content and features of the Site and any Services at any time, with or without notice to you. daybook.com can change, update, or add or remove provisions of these Terms, at any time by posting updated Terms at www.daybook.com. If we make a material modification to these Terms of Use or the Privacy Policy display an announcement on daybook.com. By using daybook.com after daybook.com has updated the Terms of Use or Privacy Policy, you are agreeing to the updated terms; if you do not agree with any of the updated terms, you must stop using daybook.com and cancel your subscription

Users must be at least 18 years old or the age of majority in the jurisdiction in which you reside in order to use daybook.com. By using daybook.com, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent that you will use daybook.com in a manner consistent with any and all applicable laws and regulations.

daybook.com may terminate these Terms and your use of daybook.com without notice if we, in our sole discretion, believe that you are less than 18 years old, or have otherwise violated the Terms of Service.

daybook.com provides content and services through that are the copyrighted and/or trademarked work of daybook.com. Materials may include logos, images, software and other content. daybook.com hereby grants you a limited, personal, non-exclusive and non-transferable license to use the content of the website solely for your personal use. Except for the foregoing license, you have no other rights in the content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the content in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

You may be able to view portions of the Site without registering with daybook.com as a registered user. However, in order to access certain password-restricted areas of the website and to use certain services offered on and through the website you must register for an account and receive a password, and must also choose a subscription level. You can register with us on daybook.com and once you have registered, your username and password can be used on the website. Please note that the Services available to you may also vary depending upon your subscription level.

If you desire to register for an account with the daybook.com, you must submit certain information through the account registration page on the Site, including your name and email address. Once you

have submitted your account registration information, daybook.com shall have the right to approve or reject the requested registration, in our sole discretion.

You are responsible for maintaining the confidentiality of your daybook.com password and you are responsible for all activities that occur using your password. You agree not to share your Password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify daybook.com if your Password is lost or stolen, if you are aware of any unauthorized use of your password on the Site, or if you know of any other breach of security.

All the information that you provide when registering for an account and otherwise through the website must be accurate, complete and up to date. You may change, correct or remove certain information from your account by logging into your account and making the desired changes to your account information.

By registering for an account with daybook.com, you become a "Subscriber" with access to certain password-restricted areas of the website. Each Membership and the rights and privileges provided to a subscriber is personal and non-transferable. All sales and payments of subscriber fees will be in U.S. Dollars. All Membership fees are non-refundable.

We offer different Subscription options. The fee that we will charge you for your subscription will be the price posted on the website on the date that you register as a subscriber. daybook.com reserves the right to change prices for Subscriptions at any time, upon notice, and does not provide price protection or refunds. If you have an active subscription, the price of that subscription will be grandfathered with the original price that you originally subscribed for.

You may pay for your subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period).

IMPORTANT NOTICE: daybook.com WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE DAY YOUR CURRENT SUBSCRIPTION PERIOD AND daybook.com WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE ON THE RENEWAL DATE, UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE OR UNLESS YOU DISABLE THE AUTO-RENEWAL FUNCTION. IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD OR DISCOUNTED SUBSCRIPTION TERM, daybook.com WILL, AUTOMATICALLY CHARGE YOU THE SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL OR DISCOUNT SUBSCRIPTION PERIOD. FREE-TRIAL SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE YOU SUBSCRIBED TO THE FREE-TRIAL

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS OR EMAIL SUPPORT@daybook.com FOR ASSISTANCE, PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE

ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. daybook.com REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.

If you do not pay on time or if daybook.com cannot charge your credit card or other available payment method for any reason, daybook.com reserves the right to either suspend or terminate your access to the website. You are expressly agreeing that daybook.com is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this website and the fees will be billed to your credit card or other available payment method designated on your initial registration with this Site. If you cancel your account at any time, you will not receive any refund.

By using daybook.com, you consent to receiving electronic communications from daybook.com. These electronic communications may include information about daybook.com’s services and features of the site, notices about applicable fees and charges, transactional information and other information. These electronic communications are part of your relationship with daybook.com. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements.

daybook.com may be linked to or may link to third party websites and applications that are not operated by daybook.com, including, without limitation, social networking, and similar websites through which you may be able to connect using the website. Certain areas of the website may allow you to interact and/or conduct transactions with such Third Party Sites, and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on the Site to be shared with your contacts in your Third Party App account and, in certain situations, you may be transferred to a Third Party Site through a link but it may appear that you are still on our Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than daybook.com, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions, and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third Party Sites. daybook.com provides links to the Third Party Sites to you as a convenience. daybook.com does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT daybook.com WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the website to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply

daybook.com’s endorsement or recommendation. You agree to only display the third party content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

Unless otherwise explicitly stated herein, you agree that any User Content submitted, uploaded, posted or otherwise made available by you in connection with your use of the daybook.com is provided on a non-proprietary and non-confidential basis. You hereby grant to daybook.com a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare compilations and derivative works of, publish, transmit and distribute your job listings, or any portion thereof, and to publish, transmit, distribute and sell compilations and derivative works of your content, in any form, medium or distribution method now known or hereafter existing, known or developed. daybook.com may modify or adapt your content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.

When using the daybook.com, you agree not to: Post anything that exploits children or minors or that depicts cruelty to animals. Post any copyrighted or trademarked materials without the express permission from the owner. Use any false or inaccurate information for purposes of registering as a user of the Site; Use any robot, spider, scraper or other automated means to access the website. Use the Site the Services or the Materials for any commercial or pecuniary purpose. Use the Site in any manner that is harmful to others. Attempt to modify, adapt, translate, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, the Services, or the Materials. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website. Remove any copyright, trademark or other proprietary rights notice from the website or materials originating from the website.

daybook.com may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at daybook.com’s discretion, will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the website or on the Internet.

daybook.com respects the intellectual property rights of others, and we ask you to do the same. daybook.com may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website, please provide daybook.com the information that is being infringed upon and we will promptly take it down after a review.

To file a notice of claims of copyright or trademark infringement on the website can be reached as follows: E-mail: support@daybook.com

Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification to daybook.com including all of the following information:

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

daybook.com reserves the right, in its sole discretion, to terminate the account or access of any user of our daybook.com who is the subject of repeated DMCA or other infringement notifications.

Your use of daybook.com is at your own risk. The content has not been verified or authenticated in whole or in part by daybook.com, and they may include inaccuracies or typographical or other errors. daybook.com does not warrant the accuracy of timeliness of the content contained on the website. daybook.com has no liability for any errors or omissions in the content, whether provided by daybook.com, or suppliers or other users.

daybook.com, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY USER CONTENT AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. daybook.com DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

daybook.com provides a venue for employers to post jobs and, and for candidates to search for jobs. daybook.com is not involved in the actual transaction between employers/recruiters and candidates. As a result, .com has no control over content, or the quality, safety, or legality of jobs posted and makes no representations about any jobs or content. daybook.com shall not be responsible for any employment decisions, for whatever reason, made by any entity in connection with jobs posted on or through the website. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of content. You further acknowledge and agree that you are responsible for evaluating any materials (including but not limited to job postings) and that daybook.com shall not be responsible for your career decisions.

daybook.com controls and operates the website from its headquarters in the United States of America, and the content may not be appropriate or available for use in other locations. If you use the website outside the United States of America, you are responsible for following applicable local laws.

If you send or transmit any communications, comments, questions, suggestions, or related materials to daybook.com, whether by letter, email, telephone, or otherwise suggesting or recommending changes

to the website, any ideas including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and daybook.com is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such feedback. You understand and agree that daybook.com is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Customer concerns can be resolved quickly and to a customer's satisfaction by contacting us at support@daybook.com.

This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and daybook.com. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

This provision provides that all Disputes between you and daybok.com shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).

For all disputes, whether pursued in court or arbitration, you must first give daybook.com an opportunity to resolve the Dispute. You must commence this process by emailing a notification to support@.daybook.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If daybook.com does not resolve the Dispute within 45 days after it receives your notification, you may pursue your Dispute in arbitration.

Because the website concerns interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Cancellation daybook.com may cancel, discontinue, suspend or terminate your access to the website without notice or liability for any violation of these Terms or for any other use of the website that daybook.com deems improper. daybook.com may also discontinue offering the website or may modify any portion of the Site, the Materials or the Services at any time with or without notice to you.

Certain violations of these Terms, as determined by daybook.com, may result in immediate termination of your access to the Site without prior notice to you.

If you have any questions about these Terms of Use or need to contact daybook.com for any reason, you can reach us at support@daybook.com.