Digital Income Family Website Terms of Use
Last Updated on August 10, 2023
Agreement to Terms
These Terms of Use (“Terms of Use”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Digital Income Family LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of https://digitalincomefamily.com (the “Website”). You agree that by accessing the Website, you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to revise and update these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use indicated above, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Website so that you understand which Terms apply. You will be subject to, and be deemed to have reviewed and accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted. The Privacy Policy and Invoice Terms and Conditions are incorporated by reference.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country outside of the United States where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement. Accordingly, those persons who choose to access the Website from outside of the United States are solely responsible for compliance with local laws.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Website.
Intellectual Property
To Company’s knowledge, the Website is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, distributed, modified, created derivative works of, republished, downloaded, publicly displayed, transmitted, or otherwise exploited for any commercial purpose whatsoever.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
User Representations
By using the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorized purpose; (5) your use of the Website will not violate any applicable law or regulation; and (6) any information you provide to the Website will be accurate.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, and refuse any and all current or future use of the Website.
Prohibited Uses
As a user of the Website, you agree not to:
Circumvent, disable, or otherwise interfere with security-related features of the Website.
Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
Third-Party Websites and Content
The Website may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you will hold us harmless from any harm caused by your purchase of such products or services. Additionally, you will hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Website Management
We reserve the right to: (1) monitor the Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and (3) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Termination
These Terms of Use will remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
Modifications and Interruptions
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason at our sole discretion without notice to you. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Terms of Use and your use of the Website are governed by and construed under the laws of the State of California. Any disputes arising under or in connection with these Terms of Use will be subject to the jurisdiction of the State of California, specifically in the City of Yorba Linda in Orange County, California, without giving effect to any choice or conflict of law provisions or rules.
Arbitration
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted using one decisionmaker via JAMS using the JAMS Streamlined Arbitration Rules & Procedures. Each party will bear its own costs except that the parties will share the cost of the mediator and any applicable administrative fees, if any, equally. Except where otherwise required by the applicable rules or law, the arbitration will take place in Orange County, California.
Disclaimer
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. We reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
The Company is the primary controller of personal information provided to or collected by the Website. “Personal information” under the California Consumer Privacy Act (“CCPA”) means information by which you can be identified or that could reasonably be attached to your identity or your household, such as your name, address, email address, telephone number, or other identifiers you may be linked to online. We will maintain certain data that you transmit to the Website for the purpose of managing the performance and analytics. You are solely responsible for your name, phone number, email address, and message that you transmit using the Website.
Miscellaneous
These Terms of Use, the Privacy Policy, and the Invoice Terms and Conditions posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact
Please see our Privacy Policy for more information on personal information use and the Website. If you have any questions or comments about these Terms of Use, please contact us at:
Digital Income Family LLC
Email: hello@hayleypaigejohnson.com
Digital Income Family Website Privacy Policy
Last Updated on August 10, 2022
Introduction
Digital Income Family LLC (the “Company”) owns and operates https://digitalincomefamily.com (the “Website”) and is the primary controller of personal information as defined below. Any undefined capitalized term in this Digital Income Family Website Privacy Policy (this “Policy”) shall have the meaning designed in the Terms of Use. We respect your privacy and are committed to protecting it through our compliance with this policy. Please carefully read this policy to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Policy.
This Privacy Policy describes the information that we may collect when you visit the Website and how that information is collected, used, and shared. This Privacy Policy applies when you use, visit, or otherwise engage with the Website. This Privacy Policy does not apply to information collected by us offline or through any other means, or information collected by any third parties, including through any application or content (including advertising) that may link to or be accessible from the Website.
This Privacy Policy works in conjunction with, and is supplemented by, our Terms of Use, the terms of each of which are expressly incorporated by reference. In the event of any conflict between this Privacy Policy and the Terms of Use, the Privacy Policy shall control.
Individuals Under the Age of 18
Our Website is not intended for individuals under 18 years of age. No one under age 18 may provide any information to the Website. We do not knowingly collect personal information from individuals under 18. If you are under 18 years of age, do not use or provide any information on this Website or through any of its features or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from an individual under 18, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at hello@hayleypaigejohnson.com.
Information We Collect
We collect information from you in two ways:
Requesting or having it voluntarily provided by you; and
Automatically as you navigate around the Website using cookies and other automatic devices.
The term “personal information” under the California Consumer Privacy Act (“CCPA”) means information by which you can be identified or that could reasonably be attached to your identity or your household, such as your name, address, email address, telephone number, or other identifiers may be linked to you online.
The information we collect on the Website fall under the following CCPA categories:
Identifiers: In connection with the services provided by the Company, we may request your name, alias, unique personal identifier, postal address, email address, telephone number, or other similar identifiers.
Customer records information: In connection with the services provided by the Company, we may request your name, address, telephone number, and email address.
How We Use the Information We Collect
We may use the information collected from you for one or more of the following purposes:
To fulfill or meet the reason for which the information is provided.
As necessary or appropriate to protect rights, property, or safety of us, our clients, or others.
To enforce or apply our Terms of Use.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
Your California Privacy Rights
The CCPA provides California resident-consumers with specific rights regarding how such resident-consumers’ personal information is collected, used, and shared through our Website. If you are a California resident-consumer, as that term is defined in the CCPA, you possess the following rights:
Right to Access: you have a right to request access to information on how your information is collected, used, and shared, and to have access to the information.
This right allows you to request information concerning:
The categories of information we collect;
Where the information we collect comes from;
Why we collect the information; and
Any specific information that we have collected about you.
Right to Deletion: you have the right to request that collected information be deleted.
There are situations where we will be unable to grant a deletion request, including but not limited to:
When the information is necessary to complete the service for which you provided the information;
Detecting security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; and
To comply with a legal obligation.
Right to Notice: you have a right to know what information will be collected, how it will be used, and how you can opt out of the collection, usage, or sharing of your information.
Right to Consent: you have the right to tell us not to share your personal information with third parties.
Right to Non-discrimination: You have the right to not be discriminated against if you exercise your other rights. If you exercise your rights, unless permitted by the CCPA we will not:
Deny you use of our services.
Provide you a different level or quality of service.
How to Exercise Your Rights
To exercise your right to access or your right to deletion, you can email us at hello@hayleypaigejohnson.com at any time with the subject line “Personal Information Review/Deletion Request.” Please note that you may only make a personal information request twice in any specific, 12-month period. You can also contact us using one of the methods specified below. Only you or somebody authorized to act on your behalf may make such a personal information request, and you must include sufficient information so that we can verify your identity and the information we have collected about you.
If you would like more information on how we use your personal information or if you would like to “opt out” of certain uses of that personal information, please contact us at hello@hayleypaigejohnson.com with the subject line “Privacy Request”.
Do Not Track
We also may use certain technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). California law requires the Website to inform you how we respond to web browser Do Not Track (“DNT”) signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Data in transit to or from the Website are intended to be encrypted and authenticated using Transport Layer Security technology.
Despite Company’s data security efforts, no transmission of information via the internet can be completely secure. We do our best to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes To This Policy
We reserve the right to amend this Privacy Policy at our discretion. The date this Privacy Policy was last updated is identified at the top of this page. Any changes to the Privacy Policy shall apply to all users as of the date that the amended Privacy Policy is posted on the Website. For that reason, it is important that you check this page regularly for any updates.
Contact Us
If you would like to file a request for information or deletion or have questions or comments about this Privacy Policy, please contact us at:
Digital Income Family LLC
Email: hello@hayleypaigejohnson.com
