San Diego, California

Terms of Agreement


  1. The Agreement.

This TERMS OF USE AGREEMENT (“Agreement”) establishes the terms and conditions for access to and use of Dana Robinson Blog – a blog and membership site providing information and education to users (the “Service”). By using this site or the Service, you consent to be bound by this Agreement, as amended from time to time (see Article 8). If you do not agree to any term or condition within this Agreement, please discontinue your use of this site and the Service.

Throughout this agreement, the terms “we,” “us,” and “our” refer to Dana Robinson Blog or Dana Robinson. The terms “you,” “your,” “user,” and “subscriber” refer to any visitor to or user of the Service.

This Agreement incorporates our Privacy Policy, as amended from time to time, which is available online at

  1. Intended Users of the Service.


  1. Your Subscription to the Service.
    • Automatic Renewal. Free service begins immediately upon your use or viewing of any of the information on the Dana Robinson Blog and continues perpetually until terminated.
    • Limited License. Your subscription to the Service entitles you to a limited, revocable, worldwide, non-exclusive, non-transferable, and non-sub-licensable license to access and use the Service in accordance with this Agreement. Your license to use and access the Service is subject to the following limitations:
      • Access/Use Only by Named Users. The Service shall only be accessed or used by “Named Users,” which refers to individuals with unique logins and passwords associated with their legal name. You may change, add, or remove Named Users under your account. However, you may not share your login information with any person that is not a current registered Named User. Any Named User under your account will be considered to be acting as your agent at all times during the Term of this Agreement. Accordingly, any use of or access to the Service by Named Users under your account will be subject to the terms and conditions recited in this Agreement, and you will be bound by any actions taken by such users.
      • No Unlawful Purpose or Activity. You acknowledge and agree that the Service cannot be used for or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
      • No Commercial Reproductions. You acknowledge and agree that your subscription to the Service does not permit you to use, reproduce, distribute, sell, resell, duplicate, prepare derivative works from, modify, or transmit the Service or any content created by or related to the Service for any commercial purpose, other than the purposes for which this Service is offered. Conduct prohibited under this provision includes, but is not limited to:
        • Sharing access to the Service with a person or entity who is not a Named User;
        • Selling, licensing, or assigning access to the Service to a person or entity who is not a Named User;
        • Reverse engineering any portion of, aspect of, or content from the Service; and
        • Copying or distributing content, code, or other data obtained from the service.
    • Provision and Continuity of Service. During the Term of your subscription, you will have access to the Service online through the Dana Robinson Blog website at all times, subject to the following limitations:
      • We reserve the right to take the Service offline to perform maintenance as necessary. We will attempt to notify you in advance of any anticipated maintenance but assume no liability in the event that you are not so notified.
      • Unintentional Interruptions. Due to the nature of the Internet, you acknowledge and agree that the Service will be unavailable from time to time due to unanticipated circumstances. In the event of such an interruption, we will attempt to restore access to the Service as soon as possible but assume no liability for any loss, cost, or expense resulting from an interruption.
      • Modifications of the Service. We reserve the right to modify the Service at any time and for any reason. You acknowledge and agree that such modifications may result in changes to the appearance or functionality of the Service. We will attempt to notify you in advance of any such modifications to apprise you of whether and to what extent they will change the appearance or functionality of the Service. However, we assume no liability in the event that you are not so notified.
      • Upgrades to the Service. We reserve the right to upgrade the Service at any time and for any reason. We reserve the right to charge additional fees for access to any additional or improved features associated with an upgrade. However, you shall not be subject to any additional charges unless you agree to pay an increased monthly rate. In the event that you are improperly billed an additional charge for an upgrade to which you have not consented, you must promptly notify us via email at, and any such additional charges will be refunded.
      • Rejection of Upgrade. If you choose not to pay an increased charge for additional features added by an upgrade, it will not prejudice your ability to access or use features of the Service that existed prior to the upgrade.
      • During the Term of your subscription, we will provide reasonable instructions and support to assist you with operating the Service. You may contact us via email at or via telephone at 858-488-2545.
  1. Data Storage and Security
    • Security Measures. At all times, we will enforce cyber and physical security protocols to prevent accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, or access to your data. The physical, digital, and organizational measures we employ will be at least equal to industry standards for the type of data frequently uploaded to the Service. In the unlikely event that a data breach occurs, we will promptly notify you as required by applicable privacy laws and will make reasonable efforts to work with you to restore any content or materials that are lost, altered, destroyed, or otherwise corrupted or inaccessible.
  2. Representations, Warranties, and Limitations of Liability.
    • Representations and Warranties of the Subscriber. You represent and warrant that:
      • You have the legal right and authority to enter into and perform your obligations under the Agreement.
      • You will maintain the security of any devices you use in connection with the Service.
      • Prohibited Conduct. You will not engage in any of the following activities unless expressly provided by this Agreement:
        • Use, copy, transmit, or distribute in any medium or format the Service or any of its component parts, content, or materials;
        • Alter, modify, hack, circumvent, disable, or otherwise interfere with the proper functioning of the Service, including but not limited to security, copy-protection, or use-restriction features associated with the Service;
        • Access the Service through any technology or other means not authorized by this Agreement, including access by means of any automated software such as robots or spiders;
        • Use the Service in violation of the limitations recited in Section 3;
        • Upload content to the Service that infringes the intellectual property or other rights of a third party;
        • Collect information about other users or clients of the Service without their express consent;
        • Transmit or upload to or through the Service any software, code, or other materials that contain any malicious or harmful software;
        • Transmit or upload to or through the Service any threatening, defamatory, abusive, obscene, pornographic, inappropriate, or profane material or any other material that could give rise to any civil or criminal liability under applicable law; or
        • Act or fail to act in any other way that would violate a term of this Agreement.
      • Our Representations and Warranties. We represent and warrant that we have the legal right and authority to enter into and perform our obligations under this Agreement and will perform our obligations under this Agreement with reasonable care and skill.
      • Disclaimer of Additional Warranties. Except as otherwise stated in Section 3, the Service is provided on an “as is” and “as available” basis. We make no warranties, express or implied, with respect to the accuracy, condition, delivery, quality, timeliness, completeness, or reliability of the Service, or any content, ancillary services, special offers, features, goods, materials, documents, or data related to the Service. We make no warranties with respect to the functionality or accessibility of the Service, any related apps, or any particular features, nor do we represent that the Service will at all times be uninterrupted, timely, secure, error-free, or free of malicious software. This disclaimer includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, expressed or implied, obtained from the Company or through the Service, will create any warranty not expressly recited in Section 6.2.
      • Limitation of Liability. You acknowledge and agree that our aggregate liability for any claims arising out of or related to this Agreement or any ancillary express or implied agreements we may enter into prior to, contemporaneous with, or subsequent to this Agreement, whether sounding in contract or tort, shall be the total amount you paid for the initial 90-day Term of your subscription. To the fullest extent permitted by applicable law, we shall have no liability for any indirect, special, incidental, consequential, punitive, or exemplary damages arising from or related to your use of the Service or any third party’s use of the Service. Further, we will have no liability for any third-party conduct whatsoever, including the uploading to or downloading of any content or materials from the Service or any such conduct that is facilitated by the Service or a program related to the Service. You further acknowledge and agree that:
        • We do not provide any legal, taxation, or accountancy advice under this Agreement or in relation to the Service;
        • Dana Robinson is not your lawyer.
        • Except to the extent expressly provided otherwise, we do not represent or warrant that the Service will not give rise to any civil or criminal liability for you or any other person;
        • The statements, views, claims, beliefs, and opinions recited by any third parties in the instructions or other materials provided with your subscription do not represent our views, claims, beliefs, or opinions;
        • Any content or materials you share through the Service, including but not limited to images, video, and audio, may be accessible to members of the public.
      • You agree to indemnify, defend, and hold harmless our company and its officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Service for any claims, liabilities, losses, expenses, damages, or costs, including reasonable attorneys’ fees, resulting from any of the following:
        • Any violation of this Agreement or any activity related to the access to or use of the Service (including negligent or wrongful conduct) by you or any third party acting on your behalf;
        • Any client materials or content you create, share, upload, download, or transmit by or through the Service; and
        • Any infringement by you of any third-party intellectual property rights by or through the Service.
  1. Intellectual Property
    • Intellectual Property Rights Related to the Service. Any intellectual property that appears within, is related to, or is in any way associated with the Service (including text, sounds, data, links, graphics, functionality, the overall “look” and “feel” of the Service, and other materials that may be considered the subject of copyright, trademark, trade secret, or patent protection) shall be considered our intellectual property or the intellectual property of our licensors, as the case may be. By subscribing to this Service, you do not obtain any right, title, or interest in any such intellectual property except for the limited license described in Section 3.
    • Third-Party Licenses. By consenting to this Agreement, you agree to be bound by the terms and conditions of any applicable third-party licenses for software or content that appears within, is a part of, or is in any way related to the Service.
    • Use of Your Materials and Content. By using the Service and uploading content or materials to the Service, you consent to the third-party use of and access to such content or materials. You acknowledge and agree that we will have no responsibility or liability for any third-party use of such content or materials.
    • Copyright Violations and the Digital Millennium Copyright Act. We are committed to protecting copyrights and expect users of the Service to do the same. Accordingly, pursuant to the Digital Millennium Copyright Act (“DMCA”), we may, at our sole discretion and in appropriate circumstances, terminate or block access to user-submitted content or materials that appear to have infringed a third-party’s intellectual property rights. In the event that you believe that certain user-submitted content infringes your intellectual property rights, you should promptly consult legal counsel. If counsel reasonably believes that infringement has occurred, you must promptly notify us at, providing the following information:
      • Your legal name, mailing address, telephone number, and email address;
      • An identification of the intellectual property at issue;
      • An identification of the material(s) that you believe infringe your intellectual property;
      • A clear and complete description of the location of such material(s), which may include the URL for the page on which it is located and the specific portion of the page on which it is located;
      • A statement that you have a good faith belief that the material(s) at issue are being copied, distributed, displayed, or otherwise used without authorization from the owner, its agent, or by operation of law;
      • A statement under penalty of perjury that, to the best of your knowledge following a reasonable investigation and diligent inquiry, the information provided is accurate and that you are authorized to act on behalf of the owner of the intellectual property at issue; and
      • A physical or electronic signature evidencing your acknowledgment of all requirements recited in Section 3.
    • Counter-Notification. If the event that a DMCA Notice is filed against you pursuant to Section 3, you may contest the Notice after seeking the advice of legal counsel by sending a counter-notification to with the following information:
      • Your name, mailing address, phone number, and email address;
      • A clear identification of the material(s) at issue and the location where such material(s) appeared before it was removed or access to it was disabled;
      • A statement under penalty of perjury that you have a good faith belief that the material(s) was improperly removed or disabled as a result of mistake, misidentification, or otherwise;
      • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you reside, or if you reside outside of the United States, for the Southern District of California;
      • A statement that you will accept the service of process via email from the person who provided the contested notification; and
      • A physical or electronic signature evidencing your assent to all requirements recited in Section 4.
    • Improper DMCA Notifications or Counter-Notifications. You may be subject to liability if you make a knowing, material misrepresentation in a notification or counter-notification. Therefore, you should consult an attorney before sending a notification or counter-notification to ensure that your obligations under the DMCA and other applicable laws have been satisfied. The requirements for notification and counter-notification described above are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
  2. Governing Law.

This Agreement and any claims arising under or related to this Agreement or any prior, contemporaneous, or subsequent agreements between or among the Parties shall be governed by and subject to the state and federal laws of California, without regard to its conflict of law provisions. You consent to jurisdiction and venue in San Diego, California.

  1. Entire Agreement.

This Agreement represents the entire understanding and agreement of the Parties with respect to the Service and any goods, services, products, rights, and obligations related to the Service. We reserve the right to amend this Agreement from time to time and will post the current version of the Agreement at Your continued use of the site and the Service indicates your consent to the current terms of the Agreement then in effect.

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