Privacy Policy, Terms of Service, Disclaimers

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TERMS OF SERVICE AGREEMENT 08/01/2023

This Terms of Service Agreement ("Agreement") is a binding legal
contract between you and Daybreaks ("Daybreaks," "we," "us," or "our"), regarding your use of Daybreaks websites located at www.daybreaks.info and on all platforms (the "Services"). Carefully read this Agreement and the Privacy Policy before using the
Services. By using the Services, you agree to the terms and conditions of this
Agreement and the Privacy Policy. The Privacy Policy is part of this Agreement
and incorporated by reference herein. If you do not agree to any of these
terms, please do not use the Services.

You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess the consent of your legal parent or guardian, and are fully
able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in this Agreement, and
to abide by and comply with this Agreement.

The Services are controlled and offered by Daybreaks from its facilities in
the United States of America. Daybreaks makes no representations that the
Services are appropriate for use in other locations. Those who access or use
the Services from other jurisdictions do so at their own volition and are
responsible for compliance with their local law.

Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits. You agree there is no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.

1. General Use of the Services — Permissions and Restrictions

Daybreaks hereby grants you a revocable, non-transferable, and non-exclusive
permission to access and use the Services as set forth in this Agreement,
provided that:

a. You agree not to distribute in any medium any part of the Services,
including but not limited to Content and User Submissions (each as defined
below), without Daybreaks prior written authorization.

b. You agree not to alter or modify any part of the Services, including but
not limited to, Daybreaks technologies.

c. You agree not to access User Submissions (defined below) or Content
(defined below) through any technology or means other than any as authorized
by this Agreement or a written agreement between you and Daybreaks.

d. You agree not to use the Services for any commercial use without the prior
written authorization of Daybreaks. Prohibited commercial uses include, but
are not limited to, any of the following actions taken without
Daybreaks express approval:

i. Sale of access to the Services or Content via another website or medium
(such as a mobile application).

ii. Use of the Services or Content for the purpose of gaining advertising or
subscription revenue.

iii. The sale of advertising, on the Services or any third-party website,
targeted to the content of specific User Submissions or the Content.

iv. Any use of the Services, Content, or User Submissions that Daybreaks
finds, in its sole discretion, has the effect of competing with or displacing
the market for the Services, Content, or User Submissions.

e. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline
readers," that accesses the Services in a manner that sends more request
messages to the Daybreaks servers in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, Daybreaks grants the operators of
public search engines permission to use spiders to copy materials from the
Services for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials, but not
caches or archives of such materials. Daybreaks reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information from the Services,
nor to use the communication systems provided by the Services for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Services with respect to their User Submissions.

f. You will otherwise comply with the terms and conditions of this Agreement,
and all applicable local, national, and international laws and regulations.

i. You agree not to impersonate any person or organization. 

ii. You agree not to harass any other user. 

iii. Daybreaks reserves the right to discontinue any
aspect of the Services at any time.

2. Your Use of Content on the Services

In addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of Content on the Services.

a. The content on the Services, except all User Submissions, including without
limitation, the text, software, scripts, graphics, files, documents, images,
photos, sounds, music, pictures, messages, interactive features, the design of
and "look and feel," and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to Daybreaks, subject to copyright and other
intellectual property rights under the law. Content on the Services is
provided to you AS IS for your information and personal use only and may not
be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners.
Daybreaks reserves all rights not expressly granted in and to the Services
and the Content.

b. You may access User Submissions solely:

• i. For your information and personal use in      accordance with this Agreement;
      and
• ii. As intended through the normal functionality      of the Services.

c. User comments are made available to you for your information and personal
use solely as intended through the normal functionality of the Services. User
comments are made available "as is," and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
downloaded, or otherwise exploited in any manner not intended by the normal
functionality of the Services or otherwise as expressly authorized under this
Agreement.

d. You may access Content, User Submissions, and other content only as
permitted under this Agreement. Daybreaks reserves all rights not expressly
granted in and to the Content and the Services.

e. You agree to not use, copy, reproduce, transmit, broadcast, sell, license,
download, or otherwise exploit any of the Content other than as expressly
permitted herein.

f. You agree not to circumvent, disable, or otherwise interfere with
security-related features of the Services or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the Services or
the Content therein.

g. You understand that when using the Services, you will be exposed to User
Submissions from a variety of sources, and that Daybreaks is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against Daybreaks
with respect thereto, and agree to indemnify and hold Daybreaks, its owners,
operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the Services.

3. Your User Submissions and Conduct

a. You may submit comments, information, text, link, graphics, photos, videos,
or other materials or arrangements of materials posted, uploaded, downloaded,
or appearing on the Services (collectively referred to as "User
Submissions") to Daybreaks. You understand that whether or not such User
Submissions are published, Daybreaks does not guarantee any confidentiality
with respect to any User Submissions.

b. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or have all
the necessary licenses, rights, consents, and permissions to use and authorize
Daybreaks to use all patent, trademark, trade secret, copyright or other
intellectual property or proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the manner
contemplated by the Services and this Agreement.

c. You retain ownership of all copyrights you may have in your User
Submissions. However, you grant Daybreaks a perpetual, non-exclusive, fully
paid and royalty-free, worldwide license to Daybreaks to use, remove, copy,
reproduce, process, transmit, excerpt, publish, distribute, publicly display,
publicly perform, create derivative works of, host, index, cache, tag, encode,
modify, and adapt in any form or media now known or hereinafter developed, any
User Submissions posted by you to Daybreaks.

d. In connection with User Submissions, you further agree that you will not
submit material that is copyrighted, trademarked, protected by trade secret or
confidentiality, or otherwise subject to third-party proprietary rights,
including privacy, personality and publicity rights, unless you are the owner
of such rights or have permission from their rightful owner to post the
material and to grant Daybreaks all of the license rights granted herein.

e. You agree that your conduct on the Services will comport with the terms of
this Agreement.

f. Daybreaks does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Daybreaks expressly
disclaims any and all liability in connection with User Submissions.
Daybreaks does not permit copyright infringing activities and infringement of
intellectual property rights on its Services, and Daybreaks will remove all
Content and User Submissions if properly notified in a manner consistent with
law and Daybreaks Copyright Infringement Notification policy that such
Content or User Submission infringes on another's intellectual property
rights. Daybreaks reserves the right to remove Content and User Submissions
without prior notice.

g. If you provide feedback to us regarding the Services, Content, or User
Submissions ("Feedback"), you authorize us to use that Feedback
without restriction and without payment to you. Accordingly, you hereby grant
to us perpetual and irrevocable license to use the Feedback for any purpose.

4. Copyright Infringement

a. If you are a copyright owner or an agent thereof and believe that any User
Submission or other content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):

i. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.

ii. 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.

iii. 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 the
service provider to locate the material.

iv. Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail.

v. 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; and

vi. 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. Daybreaks
designated Copyright Agent to receive notifications of claimed infringement
can be contacted at:
tb.daybreaks@gmail.com 

You acknowledge that if you fail to comply with all of the requirements of
this Section 4(a), your DMCA notice may not be valid.

b. Counter-Notice. If you believe that your User Submission that was removed
(or to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your User Submission, you
may send a counter-notice containing the following information to the
Copyright Agent:

i. Your physical or electronic signature.

ii. Identification of the content that has been removed or to which access has
been disabled and the location at which the content appeared before it was
removed or disabled.

iii. A statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and

iv. Your name, address, telephone number, and e-mail address, a statement that
you consent to the jurisdiction of the federal court in Boise, Idaho and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Daybreaks may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court
order against the content provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at Daybreaks sole discretion.

c. Repeat Infringers. Daybreaks will terminate the access privileges of any
user whom it deems, in its sole authority, has repeatedly infringed the
copyright rights of others.

5. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES OR THE GOODS, PRODUCTS, AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE SERVICES, CONTENT, USER SUBMISSIONS, AND ANY GOODS, PRODUCTS, OR SERVICES AVAILABLE ON THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO
THE FULLEST EXTENT PERMITTED BY LAW, AND DAYBREAKS, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DAYBREAKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND THE GOODS, PRODUCTS, AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DAYBREAKS DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY GOOD, PRODUCT, OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DAYBREAKS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A GOOD, PRODUCT, OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL DAYBREAKS, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS,
SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, CONTENT, USER SUBMISSIONS OR THE GOODS, PRODUCTS, AND SERVICES AVAILABLE ON THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF DAYBREAKS, ITS MANAGERS,
MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY DAYBREAKS FROM YOU TO ACCESS THE SERVICES AND/OR USE THE SERVICES. IF YOUR USE OF THE SERVICES AND/OR ANY GOODS, PRODUCTS, AND SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. Indemnity

You agree to defend, indemnify and hold harmless  , its managers,
members, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of and access
to the Services; (ii) your violation of any term of this Agreement; (iii) your
violation of any third-party rights, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User
Submissions caused damage to a third party or to Daybreaks. This defense and
indemnification obligation will survive this Agreement and your termination of
use of the Services.

8. Termination Policy

a. You may terminate your use of the Services at any time. Daybreaks may
terminate this Agreement, or suspend or terminate your access to the Services,
at any time, for any reason. If Daybreaks suspects that you have violated any
provision of this Agreement, Daybreaks may also seek any other available
legal remedy. Your rights under this Agreement will terminate automatically if
you breach any part of this Agreement. You remain solely liable for all
obligations related to use of the Services, even after you have stopped using
the Services. b. Daybreaks reserves the right to decide whether Content or a
User Submission is appropriate and complies with this Agreement for violations
other than copyright infringement and violations of intellectual property law,
such as, but not limited to, laws regulating obscene or defamatory material.
Daybreaks may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of this Agreement at any time,
without prior notice and at its sole discretion.

9. Third-Party Sites

The Services may contain links to third-party websites that are not owned or
controlled by Daybreaks. Daybreaks has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third-party websites. In addition, Daybreaks will not and cannot censor or
edit the content of any third-party site. By using the SERVICES, you expressly
relieve Daybreaks from any and all liability arising from your use of any
third-party website.

10. Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs,
photographs, information, advertisements, data or proposals, including ideas
for new or improved products, services, features, technologies or promotions,
you expressly agree that such submissions will automatically be treated as
non-confidential and non-proprietary and will become the sole property of
Daybreaks without any compensation or credit to you whatsoever. Daybreaks
and its affiliates shall have no obligations with respect to such submissions
or posts and may use the ideas contained in such submissions or posts for any
purposes in any medium in perpetuity, including, but not limited to,
developing, manufacturing, and marketing products and services using such
ideas.

11. Users Under 13 Years of Age

Our Services are not directed to persons under the age of 13. If you become
aware that your child has provided us with personal information without your
consent, please contact us at tb.daybreaks@gmail.com. We do not
knowingly collect personal information from children under the age of 13. If
we become aware that a child under the age of 13 has provided us with personal
information, we take steps to remove such information. By using the Services,
you are representing to us that you are not under the age of 13. If you are
under 13 years of age, you are not authorized to install and use the Services
and must immediately delete it from your devices.

12. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Daybreaks without
restriction.

13. General

By using the Services, you consent to receiving electronic communications from
Daybreaks. These communications will include notices about your account and
information concerning or related to the Services and/or Daybreaks
products and services. You agree that any notice, agreement, disclosure or
other communication that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing.

14. Applicable Law

This Agreement shall be governed by the internal substantive laws of the State
of Idaho, without respect to its conflict of laws principles. By accessing the
Services, the parties consent to the jurisdiction of the State of Idaho.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT
GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 15 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.

15. AGREEMENT TO ARBITRATE

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE
RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE
ENFORCEMENT OR VALIDITY OF YOUR OR DAYBREAKS INTELLECTUAL PROPERTY
RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Daybreak concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be
given the broadest possible meaning allowable under law.

15.1 Notice of Dispute

In the event of a dispute, you or Daybreaks must give the other a Notice of
Dispute, which is a written statement that sets forth the name, address, and
contact information of the party giving it, the facts giving rise to the
dispute, and the relief requested. You must send any Notice of Dispute via
email to: tb.daybreaks@gmail.com
Daybreaks will send any Notice of Dispute to you by U.S. Mail to your address
if we have it, or otherwise to your email address. You and Daybreaks will
attempt to resolve any dispute through informal negotiation within sixty (60)
days from the date the Notice of Dispute is sent. After sixty (60) days, you
or Daybreaks may commence arbitration.

15.2 Binding Arbitration

If you and Daybreaks don't resolve any dispute by informal negotiation,
any other effort to resolve the dispute will be conducted exclusively by
binding arbitration as described in this section. You are giving up the right
to litigate (or participate in as a party or class member) all disputes in
court before a judge or jury. The dispute shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. The arbitration will be conducted in Boise,
Idaho, and judgment on the arbitration award may be entered into any court of
competent jurisdiction. The award of the arbitrator will be final and binding
upon the parties without appeal or review except as permitted by Idaho law.
Either party may seek any interim or preliminary injunctive relief from any
court of competent jurisdiction, as necessary to protect the party's
rights or property pending the completion of arbitration. Any and all legal,
accounting, and other costs, fees, and expenses incurred by the prevailing
party shall be borne by the non-prevailing party.

15.3 Prohibition of Class and Representative Actions and Non-Individual
Actions

You and Daybreaks agree that either may bring claims against the other only
on an individual basis and not as part of any purported class or
representative action or proceeding unless both you and Daybreaks agree
otherwise. The arbitrator may not consolidate or join more than one
person's or party's claims and may not preside over any form of a
consolidated, representative or class proceeding. Also, 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 claim(s). Any relief
awarded cannot affect other Daybreaks users.

16. Severability

This Agreement, together with the Privacy Policy and any other legal notices
published by Daybreaks on the Services, shall constitute the entire agreement
between you and Daybreaks concerning the Services. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Daybreaks failure to assert
any right or provision under this Agreement shall not constitute a waiver of
such right or provision. YOU AND DAYBREAKS AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.

17. Privacy Policy

Please read our Privacy Policy for information
regarding how we collect, use, and disclose your personal information. Our
Privacy Policy also contains information about how we comply with the General
Data Protection Regulation (EU) 2016/679 (the "EU's GDPR"), the
Data Protection Act 2018 (the "UK GDPR"), the EU-U.S. Privacy Shield
Framework and the Swiss-U.S. Privacy Shield Framework (collectively,
"Privacy Shield"), the California Consumer Privacy Act
("CCPA"), the California Privacy Rights Act ("CPRA"),
other U.S. state privacy laws, and other countries' privacy laws.

You acknowledge and agree that Daybreaks has your prior written authorization
to respond to any access and deletion requests we receive from your
subscribers made under applicable data protection laws, and we may direct any
such subscribers to you so that you can respond to the request.

18. Anti-Bribery and Export Compliance

You will not use, resell, distribute, transfer, provide, sub-license, share
with, or otherwise offer the Services in violation of any laws or this
Agreement, including, without limitation, the United States Foreign Corrupt
Practices Act and similar anti-corruption statutes in all jurisdictions.
Without limiting the foregoing, you will not knowingly directly or indirectly
export, re-export, transfer, make available or release (collectively,
"Export") the Services to any destination, person, entity, or end
user prohibited or restricted under US law without prior US government
authorization to the extent required by regulation, including without
limitation, any parties listed on any of the denied parties lists or specially
designated nationals lists maintained under the EAR or the Security and the
Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US
Department of Treasury, Office of Foreign Assets Control without appropriate
US government authorization to the extent required by regulation. Compliance
with the trade laws of other countries pertaining to the Export, import, use,
or distribution of the Services to customer and end users is your
responsibility.

19. Force Majeure

In the event Daybreaks is unable to perform its obligations or provide the
Services under the terms of this Agreement because of acts of God (including,
but not limited to, severe acts of nature or weather events including floods,
fires, earthquakes, hurricanes, or explosions), strikes or labor disputes,
war, riots, acts of terrorism, epidemics, pandemics, acts of governmental
authorities (including but not limited to government directives,
expropriation, condemnation, and changes in laws and regulations),
interruptions, loss, or malfunctions of utilities, communications, or computer
(software and hardware) services, or other causes reasonably beyond
Daybreaks control, Daybreaks shall not be liable for any costs or
damages resulting from Daybreaks failure to perform its obligations
under the terms of this Agreement, provide the Services, or otherwise, from
such causes. However, nothing in this section will affect or excuse your
liabilities or your obligations under this Agreement.

20. Changes

Daybreaks may change or update this Agreement at any time. If we make
material changes to this Agreement, we will notify you by sending you an
email, posting on the Services, sending you a push (or other) notification, or
by any other means consistent with applicable law. All changes are effective
immediately upon posting. The most recent version of this Agreement is
indicated by the "Last Updated" date at the top of the Agreement.
Please review this Agreement frequently to stay updated on changes that may
affect you. Your continued use of the Services signifies your continuing
consent to be bound by this Agreement.

21. Contact Us

If you have questions or comments about this Agreement, or to report any
violations or abuse of the Services, please contact us at tb.daybreaks@gmail.com