LAST UPDATED: 5/14/2022
I. ACCEPTANCE OF TERMS
Welcome to TodayDream, Inc. (“Todaydream”, “we”, “us”, or “our”) which operates the website located at https://www.todaydream.com (“Website”). These terms of service (“Terms of Service” or “Agreement”) constitute a valid, binding and enforceable agreement between Todaydream and you, whether personally or on behalf of an entity (“you”, “your”, or “yourself”). These Terms of Service apply to your use of the Website. By accessing or otherwise using this Website, you accept and agree to be bound by, and comply with, these Terms of Service in their entirety. Please read the Terms of Service carefully before you start to use the Website. If you do not agree to be bound by all terms of this Agreement, you must immediately stop using all or any part of the Website. In order to accept these Terms of Service and use the Website, you must be at least 18 years of age.
II. PROPRIETARY RIGHTS
All right, title and interest in the Website, including all copyrights, trademarks, patents, trade secrets and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Todaydream or its licensors. Nothing in these Terms of Service or otherwise will be deemed to grant you an ownership interest in the Website, in whole or in part.
No right, title, or interest in or to the Website or its content, features, and functionality is transferred to you. Todaydream reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Service is a breach of the Terms of Service and may violate copyright, trademark, and other laws.
All content, features, and functionality on the Website, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Todaydream, its licensors, or other providers of these materials to Todaydream.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Website, or by anyone who may be informed of its contents.
This Website may include content provided by third parties, including, but not limited to, materials provided by other users, and third-party licensors. Other than content provided by Todaydream, all statements and opinions expressed in these materials, and all responses to questions and other content, are solely the opinions and responsibility of the person or entity providing these materials. We are not responsible, or liable to you or any third party, for the content and accuracy of any materials provided by any third parties.
We may update or remove the contents of this Website from time to time, but Website contents are not necessarily complete or up to date. We are under no obligation to update any material on the Website irrespective of whether it is out of date at any given time.
IV. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
The Terms of Service permit you to use the Website for your non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, download, store, publicly display, publicly perform, transmit, republish, or otherwise exploit for any commercial purpose any material on the Website, except as follows:
(a) You may download Website materials only as permitted by the Website, although additional terms may apply for any material you download from the Website; and
(b) You may temporarily store copies of materials, including, but not limited to, information automatically cached by your web browser.
Activities you are not permitted to engage in include, but are not limited to, modifying copies of any materials from the Website, and deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
If you breach these Terms of Service, your right to use the Website will immediately cease and you must, at our option, either return or destroy any copies of all materials from the Website.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
V. UNLAWFUL OR PROHIBITED USES
This Website may only be used for lawful purposes in accordance with the Terms of Service and applicable law. As a condition of your use of this Website, you warrant to Todaydream that you, whether on behalf of yourself or on behalf of any third party, will not use the Website for any purpose that is unlawful or prohibited by the Terms of Service, unless you have the express prior written consent of Todaydream. Prohibited uses of the Website or any service or material provided therein include, but are not limited to, the following:
(a) Downloading, copying, or transmitting any Website content for the benefit of any other merchant;
(b) using or attempting to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
(c) transmitting any advertisement or promotional material without Todaydream’s prior written consent, including, without limitation, any “junk mail”, “chain letter”, “spam”, or other similar solicitation;
(d) violating or attempting to violate the security of the Website;
(e) tampering with the Website or attempting to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;
(f) harvesting or collecting personally identifiable information about other users of the Website;
(g) restricting or inhibiting any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);
(h) modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Website;
(i) removing any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website;
(j) using the Website in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws concerning the export of data or software to and from the United States or other countries; and
(k) engaging in any conduct that restricts or inhibits any other person or entity’s use or enjoyment of the Website, or that, as determined by us, may harm Todaydream or other users of the Website.
VI. MODIFICATION AND TERMINATION
Todaydream may, at any time, revise and update the Terms of Service at our sole discretion. All changes are effective immediately when posted online, and shall apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes made. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Todaydream reserves the right, without notice and in its sole discretion, to terminate your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms of Service, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms of Service which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
VII. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES, SECURITY MEASURES, AND MEANS EXTERNAL TO THE WEBSITE TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION, ACCURACY OF DATA INPUT AND OUTPUT, AND RECONSTRUCTION OF ANY LOST DATA.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE; ANY SERVICE OBTAINED THROUGH THE WEBSITE; OR THE DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ANY SITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TODAYDREAM NOR ANY PARTY ASSOCIATED WITH TODAYDREAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER TODAYDREAM NOR ANY PARTY ASSOCIATED WITH TODAYDREAM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE; RELIABLE; ERROR-FREE; UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TODAYDREAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VIII. LIMITATION ON LIABILITY
IN NO EVENT WILL TODAYDREAM, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, ITS EMPLOYEES, ITS AGENTS, ITS OFFICERS, OR ITS 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 SITES LINKED TO THE WEBSITE; ANY CONTENT ON THE WEBSITE OR SUCH OTHER SITE LINKED TO IT; OR ANY SERVICE OBTAINED THROUGH THE WEBSITE OR SUCH OTHER SITE LINKED TO IT.
THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR, 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, AND LOSS OF DATA, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Todaydream, its affiliates, its licensors, its 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 attorney’s fees) arising out of, or related to, your violation of the Terms of Service or your use of the Website. This includes, but is not limited to, any use of the Website’s contents, your use of any information obtained from the Website, and services and products other than those expressly authorized under the Terms of Service.
X. NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices Todaydream sends to you, you consent to receive notices and other communications by Todaydream posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Todaydream provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given 24 hours after the notice is posted on the Website.
XI. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
All matters relating to the Website and the Terms of Service, and any dispute or claim arising therefrom or related thereto (which, in each case, includes non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule.
Todaydream, at its sole discretion, may require you to first try to resolve any dispute arising from the Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, with the help of a mutually-agreed-upon mediator. Any costs and fees other than attorney fees shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution, you agree to submit the dispute to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying, and as applicable under, Massachusetts state law. An award of arbitration shall be final and binding and may be confirmed in a court of competent jurisdiction. The prevailing party shall have the right to collect from other parties its reasonable costs and attorney fees incurred in enforcing this agreement. In the event that any dispute arising from the Terms of Service or use of the Website cannot be resolved by binding arbitration in accordance with the above, you agree that such dispute shall be instituted exclusively in the federal or state courts of the United States located in Suffolk County, Massachusetts applying Massachusetts law. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.
XII. ENTIRE AGREEMENT
These Terms of Service constitute the entire Agreement between you and Todaydream with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website.
XIII. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Service, and to abide by and comply with these Terms of Service.