Terms of Service
Welcome to Direct Action Dad! These Terms of Service (the “Terms”) are a legally binding contract and govern your access to, and use of, the website at www.DirectActionDad.com (the “Site”) and other digital products and services (the “Services”) offered by ThoRaven Ventures, LLC, a Colorado limited liability company (“Direct Action Dad,” “we,” or “us”).
These Terms provide important information, including your agreement to grant us rights to your content, our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and Direct Action Dad by binding individual arbitration. By using the Services, and/or by clicking a box that states that you accept or agree to the Terms, you agree to be bound by these Terms.
It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the Services.
Changes to these Terms or the Services
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.
Your Privacy
You acknowledge and agree that any personal information that you provide or that we collect in connection with the Services will be treated in the manner described in our Privacy Policy, which can be found at https://www.DirectActionDad.com/privacy-policy/. Our Privacy Policy is incorporated into these Terms.
Registration and Your Account
In general, you can access and browse portions of the Site without registering as a member with Direct Action Dad. However, you will need to sign up for a user account to use some of our Services, and get full access to Direct Action Dad, including, without limitation any Perks (as defined below), and personalized emails you may receive from us (the “Direct Action Dad Platform”). Any use by anyone under the age of 13 is prohibited. If you are creating an account on behalf of a business, you represent and warrant that to us that you are authorized to agree to these Terms on behalf of such business.
You agree that the information that you provide to us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password.
Annual Membership and Fees
We offer annual subscriptions to users who wish to use the Direct Action Dad Platform (the “Member”) that will automatically renew at the end of the subscription term (each a “Subscription,” collectively “Subscriptions”). Upon completing the registration process, each Member accepts membership in the Direct Action Dad Platform. By purchasing a membership in the Direct Action Dad Platform, you agree and acknowledge that your Subscription has an initial and recurring, non-refundable, payment charge (including applicable taxes) at the then-current rate (the “Membership Fee”), and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Direct Action Dad after the expiration date of your payment card.
By registering as a Member, you agree that we may start your Subscription immediately upon our acceptance of your registration. No refunds will be issued for the month in which the cancellation occurs or any previous month or year under any circumstances.
We may, at our sole discretion and based on availability, offer Members a variety of special rewards and perks during the term of their Subscription (collectively, the “Perks”) including, for purposes of illustration, discounts at third party stores hotels, and more (the "Vendors"). You acknowledge that the use and enjoyment of such Perks are subject to the applicable terms and conditions of the Vendors at the time of redemption and that they may be unavailable from time to time in the sole discretion of the Vendors or in the event we terminate our relationship with such Vendors. Perks are not cumulative and must be redeemed within one (1) year of receipt.
We may also, at our sole discretion and based on availability, suggest a variety of offline activities to our Members during the term of their Subscription (together with the Perks, the “Activities”).
With respect to Subscriptions, you agree that Direct Action Dad may submit annual charges to your chosen payment method without further authorization from you, until you provide 30-day prior notice that you wish to terminate this authorization or to change your payment method by e-mail at member.services@Direct Action Dad.com.
To cancel your Subscription with at least 30-day prior notice, you may complete the form on https://get.Direct Action Dad.com/need-support/ or send us a message at member.services@Direct Action Dad.com and we will do it for you. If you cancel, you may use your Subscription until the end of your then-current Subscription term. If we do not receive notice of your cancellation within 30-day of your next scheduled Subscription date, we reserve the right to charge your chosen payment method for that year.
Payments
If you provide credit or debit card information to purchase a Subscription, we use this information as described in our Privacy Policy. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party payment processors.
If you purchase a Subscription through our Services, you agree to pay all applicable fees and taxes. By providing your payment information to us, or our third party payment processor, you represent and warrant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information.
Your Use of the Services
Subject to these Terms, Direct Action Dad grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Direct Action Dad, in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Direct Action Dad and its affiliates.
You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use Direct Action Dad' intellectual property, including but not limited to Direct Action Dad' name or any of Direct Action Dad' trademarks, logos, domain names, other distinctive brand features, or copyrights.
Your Content
The Services allow you to post content, including without limitation, your name, any biographical information, any company name, messages or other text, graphics, photo, video or audio, and other materials. Anything that you post or otherwise make available on the Services is referred to as “User Content.” By choosing to provide User Content, you acknowledge and agree that such User Content may be viewed by the general public and will not be treated as private, proprietary, or confidential. You retain all rights in, and are solely responsible for, the User Content you post to the Services. To the extent permitted by law, we disclaim all liability related to, or arising out of, the loss of any User Content.
You grant Direct Action Dad and its affiliates, licensees and sublicensees a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content in any and all media or distribution methods (whether now known or later created) without any further consent, notice, or compensation to you. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral or other rights that you may claim to have in any User Content posted or provided by you.
By submitting User Content, you represent and warrant that such User Content is your own original work, is submitted with the express permission of the owner, or is in the public domain and that you have the right to make the User Content available to us for all of the purposes contemplated in these Terms. You further represent and warrant that such User Content is not defamatory and does not infringe any law or the intellectual property or other proprietary rights of any third party.
You agree that you will not post User Content that violates or encourages any conduct that violates laws or regulations. We reserve the right to remove or modify User Content for any reason, including but not limited to User Content that we believe, in our sole discretion, violates these Terms or any of our policies.
Your Conduct
Direct Action Dad provides the Site and the Direct Action Dad Platform in order to enable Dads to discover ideas and inspiration that helps them go above and beyond as a Dad. In order to preserve the reputation of Direct Action Dad and enable us to continue to offer the Site and Direct Action Dad Platform, you agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party. Such restriction includes, without limitation, (i) conduct which is unlawful, or which may, in Direct Action Dad’s sole opinion, harass or cause distress or inconvenience to any person; (ii) the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services; (iii) creation of false identity on the Direct Action Dad Platform; (iv) the use of an image that is not your likeness or a head-shot for your profile; and (v) removal of any copyright, trademark or other proprietary rights notices contained in or on the Site.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Direct Action Dad’ computer systems, or the technical delivery systems of Direct Action Dad’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Direct Action Dad; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.
Links
The Services may contain links to third party websites, advertisers, services, or other content that is not owned or controlled by Direct Action Dad. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from Direct Action Dad, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.
Security
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Term and Termination
These Terms are effective from the date that you first access the Services or submit any information to Direct Action Dad, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.
Direct Action Dad may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. You can terminate your account at any time.
Upon termination of these Terms, your right to use the Services, including any Perks, will immediately cease. All disclaimers, limitations of liability, indemnification, Direct Action Dad’ rights of ownership and licenses to Direct Action Dad will survive any termination.
Following termination or deactivation of your account, or if you remove any User Content from the Service, we may retain your User Content for backup, archival, or audit purposes. Furthermore, Direct Action Dad and its affiliates, licensees, and sublicensees and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works of, perform, or distribute any of your User Content that have been stored or shared through the Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate Direct Action Dad to maintain or support the Services, or any part or portion thereof, during the term of these Terms.
Indemnity
As a condition of your access to and use of the Services, you agree to indemnify and hold harmless Direct Action Dad and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) your User Content, (c) any breach of these Terms, or (d) any claim or allegation that you have violated the intellectual property rights of other users or third parties. You will not enter into a settlement of the foregoing without our prior written approval.
Limitation of Liability
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. By using the Services, you agree to use your reasonable judgement to utilize any of our Services, and to immediately stop using our Services in the event you feel unsafe. We provide no guarantees regarding the content posted by other users or third parties, or that you may encounter on third-party sites or offline.
CERTAIN PRODUCTS AND SERVICES MADE AVAILABLE VIA THE DIRECT ACTION DAD PLATFORM ARE PROVIDED BY THIRD PARTIES, NOT DIRECT ACTION DAD. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SERVICES AND THE DIRECT ACTION DAD PLATFORM, AND YOU AND YOUR CHILD'S ATTENDANCE AT, PARTICIPATION IN, AND/OR USE OF ACTIVITIES IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF OR IN CONNECTION WITH OR IN RESPECT TO THE DIRECT ACTION DAD PLATFORM AND/OR ACTIVITIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECT ACTION DAD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL DIRECT ACTION DAD' AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO DIRECT ACTION DAD FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimers
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE ACTIVITIES OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SERVICES AND/OR ACTIVITIES ARE RIGHT FOR YOU.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, A THIRD PARTY WEBSITE, OR OFFLINE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, A THIRD PARTY WEBSITE, OR OFFLINE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, ANY THIRD PARTY WEBSITE, OR OFFLINE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, A THIRD PARTY WEBSITE, OR OFFLINE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Geographic Restrictions
The owner of the Site is based in the State of Colorado in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in San Francisco County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Dispute Resolution
You and Direct Action Dad agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Direct Action Dad each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Direct Action Dad agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available athttp://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Direct Action Dad agree otherwise, the arbitration will be conducted in San Francisco, Colorado. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Direct Action Dad submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Miscellaneous
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting Direct Action Dad
You can contact us by emailing us at member.services@DirectActionDad.com or by writing to us at the following address:
Direct Action Dad.
1011 W pikes peak ave
Colorado Springs, CO, 80904
Effective: April 23, 2023