TERMS OF USE | DISCLAIMER | PRIVACY POLICY 

(A.K.A. THE FINE PRINT)

The terms on this page ensure we are both protected and secure.

Basic translation of the fine print below:

  • Out of respect for my creativity, work, products, and materials, you will not copy or use my work as your own.
  • You respect and value my work and my website, and will not use it for any illegal activity.
  • You and your information are important to me and will never be shared or used inappropriately, illegally, or without your permission.
  • All terms of use, privacy policies and disclaimers are specific for this site and services of mine.  

If you would like share or link to my content: 

Thank you in advance and all you neeed to do is to give proper credit. 

Examples:

  • If you share a quote or a picture, include my full name (CARLA DAVIS or DNA DAVIS) or for social shares include my Facebook handle (@dnadavis)
  • If you share an excerpt, include my full name (CARLA DAVIS) and a link back to the original page or post.


Simple enough. Right?

Now onto the official stuff ...


Terms and Conditions 

DNA Davis, LLC ("Company") welcomes you to this site, www.dnadavis.com ("Website").  

The Website and its Content is owned by [DNA Davis, LLC] ("Company", "we", or "us"). The term "you" refers to the user or viewer of [DNADavis.com] ("Website").  

Please read these Terms and Conditions ("T&C") carefully. This agreement constitutes a license which covers your use of this Website and any transactions that you engage in through this Website (“Agreement”).  

WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS ON THE WEBSITE AT ANY TIME WITHOUT NOTICE, AND BY ACCESSING, VIEWING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE. 

Website Use and Consent 

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website ("Content") is our property and is protected by United States intellectual property laws.  

Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this Website for the authorized uses described above. You must provide correct attribution to Company.  

I AM GLAD TO HAVE YOU SHARE MY CONTENT, AS LONG AS YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ON ALL COPIES OF THE MATERIALS.

If you have entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. 

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.

Intellectual Property Rights 

Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.  

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.  

When you purchase or access our Website or any of its Content, you agree that  

  • You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law. 
  • You are permitted from time to time to download and / or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.  
  • You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content - it is still our property. 
  • You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.  
  • We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.  


AS A LICENSEE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS WEBSITE AND ITS CONTENT HAVE BEEN DEVELOPED OR OBTAINED BY US THROUGH THE INVESTMENT OF SIGNIFICANT TIME, EFFORT AND EXPENSE, AND THAT THIS WEBSITE AND ITS CONTENT ARE VALUABLE, SPECIAL AND UNIQUE ASSETS OF OURS WHICH NEED TO BE PROTECTED FROM IMPROPER AND UNAUTHORIZED USE. WE CLEARLY STATE THAT YOU MAY NOT USE THIS WEBSITE OR ITS CONTENT IN A MANNER THAT CONSTITUTES AN INFRINGEMENT OF OUR RIGHTS OR THAT HAS NOT BEEN AUTHORIZED BY US. 

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.  

All rights not expressly granted in these terms or any express written license, are reserved by us. 

Your License to Us. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.  

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. Your rights regarding this personal information can be found below under our Privacy Policy.  

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.  

Request for Permission to Use Content 

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the "Contact Us" form on this Website, or by sending an e-mail to [carla@dnadavis.com].  

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and / or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content. 

Digital Millennium Copyright Act

We respect others' copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to [carla@carladavis.com].

Personal Responsibility and Assumption of Risk 

As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and / or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.  

Disclaimer of Warranty 

You expressly agree that use of this website is at your sole risk.  

Neither Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.  

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Company does not warrant reliability of any statement or other information displayed or distributed through the site.  

Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.  

THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.  

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

Limitation of Liabilities  

YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

Indemnification  

You agree to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, its Content, or your breach of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.  

Limitations on Claim  

Any cause of action you may have with respect to your use of this SITE must be commenced within one year after the claim or cause of action arises.

Termination  

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us. 

Links to Other Websites 

We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Affiliate Disclaimer

Company does participate in affiliate relationships. By clicking on certain links, you may be directed to an affiliate website, where Company may receive a pre-arranged benefit for recommending certain products and or services. Company only participates in affiliate relationships with products and or services that Company has personally used; however, Company's recommendation in no way provides any guarantee of your experience with recommended products and or services.  

Company assumes no liability for the recommendation of affiliate products and or services.

Limitations on Linking and Framing

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

Controlling Law and Jurisdictin  

This Agreement is governed by and shall be construed in accordance with the laws of the State of Mississippi, U.S.A., without reference to its conflict-of-law provisions.  

Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Hattiesburg, MS, for any disputes with Company arising out of your use of this Website.

Electronic Communicatons and Electronic Signatures 

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

PRIVACY POLICY  

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Sites shall be limited to the purposes under this Privacy Policy and our Terms of Service to customers.

We reserve the right to change this Privacy Policy on the Website at any time without notice.

Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to the terms of this Privacy Policy.

Children's Online Privacy Protection Act Compliance 

We do not knowlingly collect any information from anyone under 18 years of age in compliance with COPPA (Children's Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.  

Information We May Collect 

In general, you can visit the Website without identifying who you are or revealing any information about yourself. Collected information online can generally be categorized as anonymous or personally identifiable. 

Anonymous information is information that cannot be connected to the identity of a specific individual. 

Personally identifiable information is information that specifically identifies a particular user, such as name, physical or email address, or phone number.  

An example of anonymous information is the fact that, while the Website may record the number of visits to a particular page that occur in a given period of time, it does not necessarily provide the names or other identifying information of every visitor. Many users of this Website choose not to provide any personally identifiable information; therefore, those individuals are anonymous to this Website, and any data collected about their use of this website is anonymous information.  

How do we use the personally identifiable information we collect?  

We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you and for the services you request, as well as, for generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you.  

When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.  

We will not sell or give any personally identifiable information to any third parties.  

We may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our terms of use.  

Opt-Out Policy  

Please note that the information above ("Personal Data") that you are giving to Company is voluntarily, and by you providing this information to us you are giving consent for Company to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at [carla@dnadavis.com].  

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.  

Other Information We May Collect  

Anonymous Data Collection and Use 

To maintain our Website's high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially "traffic data" which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user's activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.  

Use of "Cookies"  

We may use the standard "cookies" feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser's settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.  

Contacting DNA Davis

If you have any questions regarding this privacy policy, you may contact Company using the information below:  

DNA Davis, LLC carla@dnadavis.com

Protection of Your Information  

We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.  

Information supplied online via registration forms or order is only used by Company.  

Company does not sell or rent customer lists.  

Company has contracted with a third-party provider, Mailchimp®, to host email list databases Mailchimp® has promised that it will not share Company customer information with third parties.  

Company uses Google® Analytics and Leadpages® to track overall statistics about computer usage on our site. This information is not linked to individual customer information.

Transfer of Customer Information  

Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.  

Company reserves the right up to update and or change any or all of these terms at any time, and without notice. The date at the bottom of this page will reflect when the document was updated. Company is responsible for keeping the updated terms here, and it is your responsibility to check for updates here.

This is our entire Agreement. 

THE END  

Last Updated: July 2018

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