Acceptance of Terms
By accessing or using the DAYBETTER website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and DAYBETTER regarding your use of the website and any information, text, graphics, photos, or other materials appearing on the site.
If you do not agree with any part of these Terms, you must not access or use our website. Your continued use of the DAYBETTER website following the posting of revised Terms means that you accept and agree to the changes.
These Terms apply to all visitors, users, and others who access or use the DAYBETTER website, which provides information about LED strip lights, smart lighting solutions, and home decor products.
Website Use and Restrictions
DAYBETTER grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for personal, non-commercial purposes. This license does not include any resale or commercial use of the website or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of the website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
When using the DAYBETTER website, you agree to:
- Comply with all applicable laws, rules, and regulations
- Provide accurate information if you create an account or submit information through forms
- Not interfere with or disrupt the security or functionality of the website
- Not attempt to gain unauthorized access to any portion of the website
- Not use the website in any manner that could damage, disable, overburden, or impair the site
- Not harvest or collect email addresses or other contact information from the website
- Not impersonate another person or entity, or falsely state or misrepresent your affiliation with a person or entity
DAYBETTER reserves the right to terminate your access to the website immediately, without prior notice, if in our sole discretion you fail to comply with any of these Terms or restrictions.
Intellectual Property Rights
The DAYBETTER website and its entire contents, features, and functionality (including but not limited to all information, text, images, graphics, videos, logos, button icons, and the design, selection, and arrangement thereof) are owned by DAYBETTER, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
- If we provide social media features with certain content, you may take such actions as are enabled by such features
You must not modify copies of any materials from the site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms, your right to use the website will cease immediately.
User Contributions and Content
The DAYBETTER website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product reviews, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above
- All of your User Contributions do and will comply with these Terms of Service
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not DAYBETTER, have full responsibility for such content
DAYBETTER has the right to remove any User Contributions at our sole discretion, including any User Contributions that we believe violates these Terms or may be offensive, illegal, or violate the rights of any person or entity.
Product Information and Accuracy
DAYBETTER strives to provide accurate information about LED strip lights, smart bulbs, RGB lights, and other lighting products. However, we do not warrant that product descriptions, colors, pricing, or other content on the website is accurate, complete, reliable, current, or error-free.
The website may include technical, typographical, or photographic errors. DAYBETTER does not warrant that any of the materials on its website are accurate, complete, or current. DAYBETTER may make changes to the materials contained on its website at any time without notice.
When you click on links to third-party retailers (such as Amazon) through our affiliate links, you will be subject to the terms and conditions and privacy policies of those retailers. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
Disclaimers and Limitation of Liability
The DAYBETTER website and all information, content, materials, products, and services included on or otherwise made available to you through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. DAYBETTER disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
DAYBETTER does not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. DAYBETTER does not make any warranties or representations regarding the use of the materials on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
In no event will DAYBETTER, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Indemnification
You agree to defend, indemnify, and hold harmless DAYBETTER, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the website, including, but not limited to, your User Contributions, any use of the website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the website.
This indemnification obligation includes claims arising from:
- Your breach of any provision of these Terms
- Your violation of any law or the rights of a third party
- Your use of the DAYBETTER website
- Any content or information you provide to DAYBETTER or post on the website
- Any products purchased through affiliate links on the DAYBETTER website
DAYBETTER reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Changes to Terms of Service
DAYBETTER may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter.
Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
Material changes to these Terms will be communicated through a notice on the website’s home page or through other reasonable means. What constitutes a material change will be determined at our sole discretion.
If you do not agree to the new terms, you are no longer authorized to use the website, and must cease all such use immediately.
Termination
DAYBETTER may terminate or suspend your access to all or part of the website, without notice, for any conduct that DAYBETTER, in its sole discretion, believes is in violation of any applicable law, is harmful to the interests of another user, DAYBETTER, or third parties, or is in violation of these Terms of Service.
Upon termination:
- Your right to use the website will immediately cease
- If you have an account, your account may be disabled or deleted
- All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
DAYBETTER reserves the right to refuse service to anyone for any reason at any time. DAYBETTER may also terminate or suspend your access if you have not used the website for an extended period.
Governing Law and Dispute Resolution
These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the applicable laws, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the website shall be instituted exclusively in the appropriate courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before filing a claim against DAYBETTER, you agree to try to resolve the dispute informally by contacting us through the methods described in the Contact Us section. If a dispute is not resolved within 30 days of submission, you may proceed with filing a formal claim.
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.