Disclaimer

This Agreement is between DayBalancer LLC, the creator of DayBalancer and Resilience360 ("DayBalancer"), and DayBalancer partners, users, and other individuals who access or view DayBalancer materials and content (together, the "Users"). This Agreement outlines the scope of services provided by DayBalancer and details your obligations as a User.

Scope of Services.
The services provided by DayBalancer include the content, materials, tools, and assessment programs designed to provide career development and job enrichment and facilitate discussions about healthy team success. These DayBalancer services include online assessment tools, educational resources, and a network of DayBalancer Partners (together, the "Services").

Partner Services.
If you are a Partner, you may use the Services to facilitate career conversations based on the results of  DayBalancer data and reports.

Assessment User Services.
If you are a DayBalancer User or individual viewing or using DayBalancer content, you may use the Services to explore your career and team communications. Use of the Services does not constitute professional, financial, medical, psychological, legal, or other advice.

Use of User Data.
By using the Services, you grant DayBalancer permission to use your information to continue its research into healthy, successful career and team communications, in accordance with applicable data protection laws. This research may be published in academic journals or other publications; however, any use of this content will comply with the DayBalancer Privacy Policy.

Acceptance of Terms; Amendment.
By using the Services, you agree to be bound by and comply with these Terms of Service. DayBalancer may amend or modify these Terms of Service at any time, for any reason, without notice or liability. Changes are effective immediately upon posting to the DayBalancer website (https://daybalancer.com/terms-of-service). It is your responsibility to review these Terms of Service prior to use of the Services. Your continued use of the Services now, or following the posting of any changes, indicates your acceptance.

Termination.
DayBalancer may, without notice or liability, change, suspend, or discontinue any portion of the Services at any time, including your access to the Services or the availability of any feature, database, or content. If you find any of these Terms of Service or any future changes unacceptable, you may discontinue your use of the Services and cancel your registration by contacting [email protected].

Use of Services.
Upon registration, you are granted permission to use the Services exclusively for your personal use or, for Partners, to facilitate paid DayBalancer assessments with groups of users.

User Conduct.
You are responsible for maintaining the confidentiality of your login and registration information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for all activities that occur under your account. You will use the Services in a manner consistent with all applicable local, state, federal, and international laws and regulations. You may not hold yourself out to be, in any way, sponsored by, affiliated with, or endorsed by DayBalancer, any of its affiliates, or any of its service providers.

License; Proprietary Rights.

• No License. DayBalancer does not grant you any license or rights to the proprietary software, tools, or content that are part of the Services.

• Protected Rights. Certain DayBalancer content provided in the Services may be protected by copyright, trademark, patent, and other proprietary rights. You may not modify, publish, transmit, reproduce, create new works from, distribute, or display the Services, DayBalancer content, or any DayBalancer trademarks, service marks, or other intellectual property. You may not adapt, translate, modify, decompile, or reverse engineer any part of the Services.

• Comments and Feedback. DayBalancer welcomes your feedback, but you are under no obligation to provide it. All comments, feedback, ideas, questions, or suggestions that you submit to DayBalancer will be considered non-proprietary and may be used by DayBalancer without any obligation to compensate you for them or give you attribution.

No Warranties.

• The services are provided "as-is," and DayBalancer disclaims any and all representations and warranties, whether express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. DayBalancer does its best to keep the Services safe, but cannot guarantee that the DayBalancer website is free of viruses or other harmful components.

• No Warranty on Assessment Results or Leaders. Because the Services rely, in part, on self-report, DayBalancer does not guarantee that the Services are error-free. DayBalancer does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than DayBalancer. Under no circumstances will DayBalancer be responsible for any loss or damage resulting from anyone’s reliance on information transmitted to or by any User.

• No Warranty of Uninterrupted Service. DayBalancer does not warrant that Internet-based Services will be secure, uninterrupted, always available, or error-free.

Release.
In no event will DayBalancer, its officers, directors, employees, or agents be liable to you, or any third party, for any loss or damage, whether direct, indirect, consequential, exemplary, incidental, special, or punitive arising from the use of the Services or other DayBalancer materials, except in cases of willful misconduct or gross negligence.

Indemnification.
You agree to indemnify and hold DayBalancer, its directors, officers, agents, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with the use of the Services; conduct in connection with the Services; or any violation of these Terms of Service, the DayBalancer Privacy Policy, or of any law or the rights of any third party.

Governing Law.
These Terms of Service are governed by the laws of the State of Washington.

Dispute Resolution.
To resolve any complaint you may have regarding the Services, you agree to first contact DayBalancer and express your concerns. Correspondence regarding any complaint should be sent to [email protected] (include Terms of Service in your subject line). If your complaint cannot be resolved through discussion with DayBalancer, any controversy or claim arising out of or relating to these Terms of Service, the Services, or any other DayBalancer materials will be settled by binding arbitration. Any controversy or claim arising out of or relating to these Terms of Service, the Services, or any other DayBalancer materials will be settled by binding arbitration, in accordance with the rules of the American Arbitration Association (AAA) or a similar body. Any controversy or claim must be arbitrated on an individual basis, and may not be consolidated with any claim or controversy of any other party. Any arbitration must take place in King County, Washington.

Entire Agreement.
This Agreement, including the DayBalancer Privacy Policy found here, is the entire agreement between you and DayBalancer regarding your use of the Services.

Nonwaiver.
If either party fails to require the other party to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other’s breach of a term, that waiver does not waive a later breach of that term.

Severability.
If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction under Washington law, the remainder of this Agreement will remain in full force and effect.

Disclaimer