Terms of Use

Last Updated May 8, 2022

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER-GENERATED CONTRIBUTIONS

6. CONTRIBUTION LICENSE

7. SUBMISSIONS

8. SITE MANAGEMENT

9. PRIVACY POLICY

10. TERM AND TERMINATION

11. MODIFICATIONS AND INTERRUPTIONS

12. GOVERNING LAW

13. CALIFORNIA USERS AND RESIDENTS

14. DISPUTE RESOLUTION

15. CORRECTIONS

16. DISCLAIMER

17. LIMITATIONS OF LIABILITY

18. INDEMNIFICATION

19. USER DATA

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

21. MISCELLANEOUS

22. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether

personally, or on behalf of an entity (“you”) and The Cyber Dawn, LLC (“Company,”

we,” “us,” or “our”), concerning your access to and use of the

https://www.debbiereynoldsconsulting.com website as well as any other media form, media

channel, mobile website, or mobile application related, linked, or otherwise connected thereto

(collectively, the “Site”). We are registered in Florida, United States, and have our registered

office at 1147 South Drive, Unit B, Delray Beach, FL 33445.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents posted on the Site from time to time are now

expressly incorporated herein by reference. In our sole discretion, we reserve the right to make

changes or modifications to these Terms of Use from time to time. We will alert you about any

changes by updating the “Last Updated” date of these Terms of Use, 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 Site to understand which Terms apply.

You will be subject to and will be deemed to have been made aware of and accepted the

changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or

entity in any jurisdiction or country where such distribution or use would be contrary to law or

regulation or subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their

own initiative and are solely responsible for compliance with local laws, if and to the extent local

laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability

and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so

if your interactions would be subjected to such laws, you may not use this Site. You may not use

the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are

not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases,

functionality, software, website designs, audio, video, text, photographs, and graphics on the Site

(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 Site “AS IS” for your information and personal use. Except as

expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be

copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial

purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use

the Site 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 Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, 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 Site through automated or non-human means, whether

through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized

purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the

right to suspend or terminate your account and refuse any and all current or future use of the

Site (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that we make the Site available.

The Site may not be used in connection with any commercial endeavors except those that are

specifically endorsed or approved by us.

As a user of the Site, you agree not to:

■ Systematically retrieve data or other content from the Site to create or compile,

directly or indirectly, a collection, compilation, database, or directory without written

permission from us.

■ Trick, defraud, or mislead other users and us, especially to learn sensitive account

information such as user passwords.

■ Circumvent, disable, or otherwise interfere with security-related features of the Site,

including features that prevent or restrict the use or copying of any Content or

enforce limitations on the use of the Site and/or the Content contained therein.

■ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

■ Use any information obtained from the Site to harass, abuse, or harm another

person.

■ Make improper use of our support services or submit false reports of abuse or

misconduct.

■ Use the Site in a manner inconsistent with any applicable laws or regulations.

■ Engage in unauthorized framing of or linking to the Site.

■ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or

other material, including excessive use of capital letters and spamming (continuous

posting of repetitive text), that interferes with any party’s uninterrupted use and

enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,

features, functions, operation, or maintenance of the Site.

■ Engage in any automated system use, such as using scripts to send comments or

messages or using any data mining, robots, or similar data gathering and extraction

tools.

■ Delete the copyright or other proprietary rights notice from any Content.

■ Attempt to impersonate another user or person or use the username of another user.

■ Upload or transmit (or attempt to upload or to transmit) any material that acts as a

passive or active information collection or transmission mechanism, including,

without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,

cookies, or other similar devices (sometimes referred to as “spyware” or “passive

collection mechanisms” or “PCMs”).

■ Interfere with, disrupt, or create an undue burden on the Site or the networks or

services connected to the Site.

■ Harass, annoy, intimidate, or threaten any employees or agents engaged in

providing any portion of the Site to you.

■ Attempt to bypass any Site measures designed to prevent or restrict access to the

Site or any portion of the Site.

■ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,

JavaScript, or other code.

■ Except as permitted by applicable law, decipher, decompile, disassemble, or reverse

engineer any of the software comprising or in any way making up a part of the Site.

■ Except as may be the result of a standard search engine or Internet browser usage,

use, launch, develop, or distribute any automated system, including without

limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the

Site, or using or launching any unauthorized script or other software.

■ Use a buying agent or purchasing agent to make purchases on the Site.

■ Make any unauthorized use of the Site, including collecting usernames and/or email

addresses of users by electronic or other means for the purpose of sending

unsolicited email or creating user accounts by automated means or under false

pretenses.

■ Use the Site as part of any effort to compete with us or otherwise use the Site and/or

the Content for any revenue-generating endeavor or commercial enterprise.

5. USER-GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content.

6. CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and

personal data that you provide following the terms of the Privacy Policy and your choices

(including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and

share such feedback for any purpose without compensation to you.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or

other information regarding the Site (“Submissions”) provided by you to us are non-confidential

and shall become our sole property.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the Site 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; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the

availability of, or disable (to the extent technologically feasible) any of your Contributions or any

portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove

from the Site or otherwise disable all files and content that are excessive in size or are in any

way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to

protect our rights and property and to facilitate the proper functioning of the Site.

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. You agree to be

bound by our Privacy Policy, which is incorporated into these Terms of Use by using the Site.

Please be advised the Site is hosted in the United States. If you access the Site 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 Site, you are transferring your data to the United States, and you agree to have your data

transferred to and processed in the United States.

10. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

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 SITE (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. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Site’s contents at any time or for any

reason at our sole discretion without notice. However, we have no obligation to update any

information on our Site. We also reserve the right to modify or discontinue all or part of the Site

without notice at any time. We will not be liable to you or any third party for any modification,

price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware,

software, or need to perform maintenance related to the Site, resulting in interruptions, delays,

or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise

modify the Site at any time or for any reason without notice to you. You agree that we have no

liability for any loss, damage, or inconvenience caused by your inability to access or use the Site

during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be

construed to obligate us to maintain and support the Site or to supply any corrections, updates,

or releases in connection therewith.

12. GOVERNING LAW

These Terms of Use and your use of the Site, whether a Florida resident or US resident outside of Florida or a non-US resident outside of the US, are governed by

and construed in accordance with the laws of the State of Florida, where The Cyber Dawn, LLC is based, applicable to agreements made, and to be entirely

performed within the State of Florida, without regard to its conflict of law principles.

13. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance

Unit of the Division of Consumer Services of the California Department of Consumer Affairs in

writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone

at (800) 952-5210 or (916) 445-1254.

14. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these

Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us

(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to

negotiate any Dispute (except those Disputes expressly provided below) informally for at least

one hundred eighty (180) days before initiating arbitration. Such informal negotiations

commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those

Disputes expressly excluded below) will be finally and exclusively resolved through binding

arbitration.

YOU UNDERSTAND THAT YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND

HAVE A JURY TRIAL WITHOUT THIS PROVISION.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA

Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration

may be conducted in person, through the submission of documents, by phone, or online. The

arbitrator will decide in writing but need not provide a statement of reasons unless requested by

either Party. The arbitrator must follow applicable law, and any award may be challenged if the

arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or

applicable law, the arbitration will take place in Cook, Illinois. Except as otherwise provided

herein, the Parties may litigate in court to compel arbitration, stay proceedings pending

arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be

commenced or prosecuted in the state and federal courts located in Illinois, and the Parties

hereby consent to and waive all defenses of lack of personal jurisdiction and forum non

conveniens with respect to venue and jurisdiction in such state and federal courts. Application

of the United Nations Convention on Contracts for the International Sale of Goods and the

Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be

commenced more than one (1) year after the cause of action arose. If this provision is found to

be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within

that portion of this provision found to be illegal or unenforceable, and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and

the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties

individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other

proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action

basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to

be brought in a purported representative capacity on behalf of the general public or any other

persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning

informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or

concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute

related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;

and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,

then neither Party will elect to arbitrate any Dispute falling within that portion of this provision

found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

15. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or

omissions, including descriptions, pricing, availability, and various other information. We reserve

the right to correct any errors, inaccuracies, or omissions and to change or update the

information on the Site at any time, without prior notice.

16. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE

OF THE SITE 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY

WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, 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.

17. LIMITATIONS 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 SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWO (2) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT

ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF

CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE

DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. 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 Site; (2) breach of these Terms of Use;

(3) any breach of your representations and warranties set forth in these Terms of Use; (4) your

violation of the rights of a third party, including but not limited to intellectual property rights; or

(5) any overt harmful act toward any other user of the Site with whom you connected via the

Site. Notwithstanding the foregoing, 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.

19. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the

performance of the Site, as well as data relating to your use of the Site. Although we perform

regular routine backups of data, you are solely responsible for all data that you transmit or that

relates to any activity you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby waive any right of

action against us arising from any such loss or corruption of such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree that all

agreements, notices, disclosures, and other communications we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,

POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature

or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to

the Site 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 shall not operate as a waiver of

such right or provision. These Terms of Use operate to the fullest extent permissible by law. We

may assign any or all of our rights and obligations to others at any time. We shall 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 Site.

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.

22. CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding the use of

the Site, please contact us at:

The Cyber Dawn, LLC

1147 South Drive, Unit B

Delray Beach, FL 33445

United States

info@thecyberdawn.com