Terms of ServiceTerms of Service

1. Acceptance of Terms

By accessing or using dak.dev (the "Website"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Dak Washbrook ("Owner," "we," "us," or "our"). If you do not agree to these Terms, you must not access or use the Website.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any modifications indicates your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for changes.

2. Description of Service

The Website is a personal portfolio and blog that may include, but is not limited to: personal projects, professional information, written content, recommendations, interactive tools, and other materials ("Content"). The Website may also provide user account functionality and other features that may be added, modified, or removed at our sole discretion.

3. User Accounts

Certain features of the Website may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice, effective immediately. We shall not be liable to you or any third party for any suspension or termination of your account or access to the Website.

4. Intellectual Property Rights

All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, is the exclusive property of Dak Washbrook or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content for personal, non-commercial purposes only. This license does not include:

• Any resale or commercial use of the Website or its Content
• Any collection or use of any product listings, descriptions, or prices
• Any derivative use of the Website or its Content
• Any downloading, copying, or other use of account information for the benefit of any third party
• Any use of data mining, robots, or similar data gathering and extraction tools

Any use of the Website or its Content other than as specifically authorized herein, without the prior written permission of the Owner, is strictly prohibited and will terminate the license granted herein.

5. User Conduct

You agree not to use the Website to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• Submit false or misleading information
• Upload or transmit viruses, malware, or any other type of malicious code
• Interfere with or circumvent the security features of the Website
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Attempt to impersonate another user or person or use the username of another user
• Sell or otherwise transfer your profile or account to another party
• Use any information obtained from the Website to harass, abuse, or harm another person
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website

6. Third-Party Links and Content

The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT: (A) THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAK WASHBROOK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).

9. Indemnification

You agree to defend, indemnify, and hold harmless Dak Washbrook and its affiliates, licensors, and 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 attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's Content, services, and products other than as expressly authorized in these Terms.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the courts located in San Francisco County, California for the resolution of any disputes arising out of or relating to these Terms or the Website.

11. Dispute Resolution

Informal Resolution: Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at legal@dak.dev. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or we may bring a formal proceeding.

Arbitration: Any dispute arising from or relating to these Terms or the Website shall be finally settled by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted in San Francisco, California. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms.

Class Action Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

14. Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and us concerning your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

16. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, labor disputes, governmental actions, pandemic, epidemic, or interruption of telecommunications or internet services.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Dak Washbrook
Email: legal@dak.dev
Website: dak.dev