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Website Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

 

Effective Date:  This Terms of Use Agreement was last updated on August 12, 2008.


Thank you for visiting our website.   These "Terms of Use" set forth the terms and conditions that apply to your use of HAVEAGREATDAY.COM ("Website"). By using the Website (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Website is personal to you and is not transferable to any other person or entity.  By using this Website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at this Website.  Your continued use of this Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

Copyrights and Trademarks
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Have a Great Day, Inc., with all rights reserved, or is the property of Have a Great Day, Inc. and/or third parties protected by intellectual property rights.  Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Have a Great Day, Inc. is strictly prohibited.  Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Have a Great Day, Inc..

Have a Great Day(SM), Haveagreatday.com(SM), Celebration(SM), Celebration Program(SM), Celebration Collection(SM), EasyAdmin(SM), Applause(SM), Inspiration(SM), Inspiration Incentives(SM), Inspiration Collection(SM), Superachievers(SM), Superachievers Collection(SM), Superachievers Incentives(SM), Superachievers Program(SM), Superstars(SM), Sales Superstars(SM), Superstars Incentives(SM), Employee Superstars(SM), Salescentives(SM), Funcentives(SM), Smartcentives(SM), My New Health(SM), RewardWell(SM), RewardWell Collection(SM), RewardWell Program(SM) and World Class(SM) are service marks of Have a Great Day, Inc.  Have a Great Day, Inc.’s service marks may not be used in connection with any product or service that is not provided by Have a Great Day, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Have a Great Day, Inc..

All other trademarks and brands displayed on this Website are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Have a Great Day, Inc..

 

Links to Third-Party Website
This Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

 

Product and Services
The products, services, features and descriptions mentioned on this Website are intended to be general descriptions of the types of products and services and features offered, and are not necessarily included in all products and services which we offer.  Because every client’s needs are different, each project is quoted separately.  Many products and services have different components, features and descriptions, even though they may be offered under the same service mark or brand.  Regardless of any information displayed on this Website, you should request a specific price quotation for your project or program, and request that the quote include the specific products, services, components and features that you would like.  Many programs and services which are presented on this Website under a specific service mark or brand may be available with various features, options and components which may be different than those presented on this Website even though they are marketed under the same service mark or brand.  The User acknowledges that any feature, option, component, functionality or description mentioned on this Website is not necessarily a part of every product or service offered by Have a Great Day, Inc.  The User acknowledges that any feature, option, component, functionality or description mentioned on this Website is not necessarily a part of every product or service mentioned on this Website. The User acknowledges that any feature, option, component, functionality or description mentioned on this Website is not necessarily a part of every product or service marketed under a particular service mark or brand.  The User acknowledges that any features, descriptions, components or other aspects of products and services described on this Website may not necessarily be included in products and services which they may purchase unless the specific features, components and services are specifically mentioned in a specific written price quotation specifically created for the User and addressed to the User. Because the results from using the products and services described on this Website are subject to many factors outside of our control, no specific results are implied or guaranteed.

 

Disclaimer Regarding Accuracy of Information 
The products, services, features and descriptions mentioned on this Website may change from time to time.  The User acknowledges that any features, descriptions, components or other aspects of products and services described on this Website may change from time to time, and may vary from the descriptions shown on this Website. 

Many of the product specifications and other information have either been provided by Vendors or collected from other sources.  While Have a Great Day, Inc. makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.

Have a Great Day, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

No Representations or Warranties; Limitations on Liability
The site is provided by Have a Great Day, Inc. on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Have a Great Day, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Have a Great Day, Inc. shall have no liability for any interruptions in the use of this Website.  Have a Great Day, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.


The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Have a Great Day, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEBSITE.


Have a Great Day, Inc. SHALL NOT be liable for any damages whatsoever, and in particular Have a Great Day, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Have a Great Day, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

in cases where  Have a Great Day, Inc. acted as the agent for a third party vendor, Have a Great Day, Inc. SHALL NOT be liable for any damages whatsoever, and in particular Have a Great Day, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the purchase from the third party vendor or any failure by the third party vendor to fulfill the contract, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Have a Great Day, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

Modifications and Interruption to Service
Have a Great Day, Inc. reserves the right to modify or discontinue the Website with or without notice to the User. Have a Great Day, Inc. shall not be liable to User or any third party should Have a Great Day, Inc. exercise its right to modify or discontinue the Website. User acknowledges and accepts that Have a Great Day, Inc. does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

Third Party Vendors
In some cases, the products and services described on this Website may be sold by a third party vendor.  In such cases Have a Great Day, Inc. is an independent agent of the third party vendor for the products and services described on this Website; in these cases Have a Great Day, Inc. may present the price quotation to the User, but shall not be the actual vendor.  The User acknowledges that when the price quotation is either issued by a third party vendor or the when the price quotation specifies that the vendor is another vendor, the contract will be between the third party and the vendor.

 

Indemnification
User agrees to indemnify and hold Have a Great Day, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Website, the violation of this Agreement, or infringement by User, or other user of the Website using User’s computer, of any intellectual property or any other right of any person or entity.

 

Governing Jurisdiction of the Courts Michigan
Our Website is operated and provided in the State of Michigan.  As such, we are subject to the laws of the State of Michigan, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our Website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Michigan. 

 

Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws.  User may not use this Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

Changes to These Terms of Use
Have a Great Day, Inc. reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to Have a Great Day, Inc. with any questions relating to these Terms of Use at
                           m i k e @ h a v e a g r e a t d a y . c o m.

 

Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Have a Great Day, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Have a Great Day, Inc.
A t t n :  C o p y r i g h t   O f f i c i a l
P .  O .   Box  4 9 0
B i r m i n g h a m,  M I  4 8 0 1 2

B y  T e l e p h o n e :
8 8 8 – 4 6 6 – 3 8 8 8


B y   E m a i l :
m i k e @ h a v e a g r e a t d a y . c o m

 

Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Have a Great Day, Inc., in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.  User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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Copyright 2008 Have a Great Day, Inc. All rights reserved.

Have a Great Day, Haveagreatday.com, Celebration, Superachievers and other brands listed on our home page are service marks of Have a Great Day, Inc. Other brand names mentioned are trademarks or registered trademarks of their respective owners. Your program details and features may vary from the descriptions on this website. Please request a specific quote for your program. Because program results are subject to many factors outside of our control, no specific results are implied or guaranteed.
  
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