PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE OUR SITE OR SERVICES.
Effective Date: May 18, 2026
1. ACCEPTANCE OF TERMS
This Terms of Service Agreement (the “TOS”) is a legally binding agreement that governs the relationship between users and others who interact or interface with Dan Design LLC (also known as "Dan"), located at 50012 Centennial Blvd. #5305, Colorado Springs, Colorado 80949, and our subsidiaries and affiliates, in association with the use of the Dan website, which includes http://bydan.us (the “Site”) and its associated services. Any visitor to our site is deemed a “user” for the purpose of this TOS.
2. DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a premium business platform designed to provide information, resources, and productized strategic solutions. Dan Design LLC operates as a Strategic Design Partner building "Visual Authority" and high-performance digital ecosystems for expert owner-operators and professional service providers. Services offered or displayed on the Site may include custom brand transformations, high-end design-and-development sprints (such as The Digital Front Door and The Digital HQ systems), and operational strategic blueprints cite: text_0:5073, text_0:5080, text_0:5128.
All tools, applications, and informational content provided on or through the Site are the sole property of Dan Design LLC. At its sole discretion, Dan Design LLC may offer additional services, or update, modify, or discontinue current content or productized offerings at any time. Dan Design LLC shall not be held liable to you or any third party for any such updates, modifications, suspensions, or discontinuance of services. Your continued use of the Site after changes are posted constitutes your binding acceptance of those modifications.
All services are provided "AS IS." Dan Design LLC assumes no responsibility or obligation for the timeliness, deletion, missed delivery, or failure to store any user interaction, communication, or personalization settings.
3. PROPRIETARY RIGHTS & INTELLECTUAL PROPERTY
You acknowledge and agree that Dan Design LLC’s services, including the Site’s layout, custom code (including custom WebGL, Three.js, or GSAP implementations), graphic design, written copy, brand strategy concepts, and educational materials (such as "The Playbook" or "Wiki" documentation properties) contain proprietary and confidential material protected by intellectual property rights, trademarks, copyrights, and other applicable laws cite: text_0:3576, text_0:3698, text_0:4210, text_0:5540.
Dan Design LLC grants you a personal, non-transferable, and non-exclusive right and license to make use of the interface provided by Dan for personal or business vetting purposes. You explicitly agree not to:
- Duplicate, alter, modify, reverse engineer, or attempt to locate the source code of any aspect of the Site structure.
- Create derivative or plagiarized works based on Dan Design LLC’s proprietary frameworks, code, or strategic text assets.
- Replicate, copy, trade, sell, resell, or exploit for any commercial reason any portion of, use of, or access to Dan Design LLC’s properties.
4. CONTRIBUTIONS AND FEEDBACK
The Site may provide areas—including interactive features, comment boxes, or wiki elements—where users can contribute feedback, ideas, suggestions, or proposals (“Contributions”). When you submit Contributions to Dan Design LLC, you acknowledge and agree that:
- Your Contributions do not contain confidential or proprietary information.
- Dan Design LLC is under no obligation to maintain confidentiality, expressed or implied, regarding the feedback.
- Dan Design LLC shall be entitled to use or disclose such Contributions in any manner it sees fit.
- The Contributions automatically become the sole property of Dan Design LLC without any obligation of compensation or reimbursement to you.
5. COMMERCIAL REUSE & CONDUCT
You agree not to use the Site to upload, post, transmit, or otherwise make available any content that is unlawful, harmful, or infringes upon the intellectual property of others. Global users agree to comply with all localized rules regarding online conduct and export/import laws of the United States, including but not limited to the Export Administration Regulations and U.S. sanctions control programs.
6. LINKS TO THIRD-PARTY SITES
Either Dan Design LLC or third parties may provide links to external websites or digital resources. You acknowledge and agree that Dan Design LLC is not responsible for the availability of such external sites, and does not endorse nor assume liability for any content, advertising, products, or materials on or available from third-party platforms. Dan Design LLC shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your reliance on third-party content or services.
7. INDEMNITY
You agree to indemnify and hold Dan Design LLC, our subsidiaries, affiliates, agents, employees, officers, partners, and licensors harmless from any claim, demand, or liability—including reasonable attorneys' fees—made by any third party arising out of content you submit or transmit through the Site, your use of the services, your connection to the Site, your violation of this TOS, or your violation of any rights of another person.
8. WARRANTY DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF DAN DESIGN LLC SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAN DESIGN LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- DAN DESIGN LLC MAKES NO WARRANTY THAT (i) SERVICES WILL MEET YOUR EXACT REQUIREMENTS; (ii) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED VIA OUR SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY CLAIMS WITH RESPECT TO DAMAGE TO YOUR COMPUTER, INTERNET ACCESS, OR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS.
9. LIMITATION OF LIABILITY
YOU EXPLICITLY UNDERSTAND AND AGREE THAT DAN DESIGN LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODFLOW, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR INABILITY TO USE OUR SITE OR SERVICES.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE.
- ANY OTHER MATTER RELATING TO OUR SITE OR PRODUCTIZED SERVICE OUTLINES.
10. TRADEMARK INFORMATION
You acknowledge and agree that all Dan Design LLC trademarks, copyrights, trade names, service marks, logos, and distinct brand positioning features are and shall remain the exclusive property of Dan Design LLC. You agree not to display or use the Dan Design LLC mark or logos in any manner without prior written consent.
11. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT (DMCA Notice)
Dan Design LLC respects the intellectual property of others. If you believe your work has been duplicated in a way that constitutes copyright infringement, please provide our Agent with the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work or intellectual property you claim has been infringed.
- A description of where the alleged infringing material is located on our Site.
- Your physical address, telephone number, and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Claims can be directed to:Dan Design LLCEmail: dan@bydan.us
12. GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Dan Design LLC and governs your use of our Site and services, superseding any prior versions. You may also be subject to additional terms and conditions when executing custom client proposals or purchasing specific productized packages.
CHOICE OF LAW AND FORUM
The relationship between the parties and this TOS shall be governed exclusively by the laws of the State of Colorado without regard to its conflict of law provisions. Any and all claims, causes of action, or disputes arising out of or relating to the TOS shall be filed within the courts having jurisdiction within El Paso County, Colorado, or the U.S. District Court located in said state. You agree to submit to the jurisdiction of these courts and waive any objections to venue.
WAIVER AND SEVERABILITY OF TERMS
The failure of Dan Design LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our services or the TOS must be filed within one (1) year after said claim or cause of action arose, or be forever barred.
13. VIOLATIONS
Please report any violations of this TOS to Dan Design LLC at:Email: dan@bydan.us
