1. ACCEPTANCE OF TERMS
This Agreement, which incorporates by reference other provisions applicable to use of dayherald.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in dayherald.com, sets forth the terms and conditions that apply to use of dayherald.com by User. By using dayherald.com. (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use dayherald.com is personal to User and is not transferable to any other person or entity. The User is responsible for all use of the User’s Account (under any screen name or password) and for ensuring that all use of the User’s Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of the User’s password(s), if any.
Day Herald shall have the right at any time to change or discontinue any aspect or feature of dayherald.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. DESCRIPTION OF SERVICES
Through its Web property, Day Herald provides User with access to a variety of resources, product information, sign up forms, and various resources (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
3. USE OF SITE AND SERVICES
Subject to your acceptance of and full compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site and the Services for its intended purposes only. You agree that you may not use the Services for any other purpose, or copy or distribute this Site or the Services except as specifically allowed in these Terms. Your use of this Site and the Services is conditioned upon your continued full compliance with these Terms. Any use of the Services in violation of these Terms will be treated as an infringement of the Company’s copyrights in and to this Site and/or the Services. We reserve the right to terminate your access and use of this Site and the Services without notice if you violate these Terms
4. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Day Herald with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Day Herald immediately of any unauthorized use of User’s account or any other breach of security. Day Herald will not be liable for any loss that User may incur as a result of someone else using a User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Day Herald or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder. No account is required to browse the site.
5. DATA COLLECTION
By accessing and using this Site or the Services, our servers automatically collect and store certain information about you, including the name of the domain from which you accessed the Internet, the date and time you accessed this Site, the Internet address of the web site you used to link to this Site, your IP address, hard drive serial number, browser type and language. We use this information for authentication, copy protection, account blocking, system management and other purposes. We may also use software programs to gather and assess certain information, including the number of visitors to different sections of this Site, what information is of most and least interest, the need for technical design specifications, and to identify system performance or problem areas. For website security purposes, and to ensure that this Site remains available to all users, we also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Finally, we may use built-in tracking features or a technology known as “cookies” to send a small file to your computer that uniquely identifies your browser to obtain information regarding your use of this Site and the Services.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USER EXPRESSLY AGREES THAT USE OF DAYHERALD.COM IS AT USER’S SOLE RISK. NEITHER DAY HERALD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT DAYHERALD.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DAYHERALD.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH DAYHERALD.COM.
DAYHERALD.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT DAY HERALD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL DAY HERALD OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING DAYHERALD.COM OR THE DAY HERALD SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DAYHERALD.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DAY HERALD, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN DAYHERALD.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
7. LINKS TO THIRD PARTY SITES
SOME LINKS ON OUR WEBSITE WILL LET YOU LEAVE DAY HERALD’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DAY HERALD AND DAY HERALD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DAY HERALD IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DAY HERALD. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DAY HERALD OF THE SITE.
Day Herald is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Day Herald has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of dayherald.com , are those of the respective author(s) or distributor(s) and not of Day Herald. Neither Day Herald nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through dayherald.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Day Herald. Day Herald neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on dayherald.com by anyone other than authorized Day Herald employee spokespersons while acting in their official capacities. Under no circumstances will Day Herald be liable for any loss or damage caused by a User’s reliance on information obtained through dayherald.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Day Herald. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Day Herald shall have the right, but not the obligation, to monitor the content of dayherald.com , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Day Herald and to satisfy any law, regulation or authorized government request. Day Herald shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on dayherald.com. Without limiting the foregoing, Day Herald shall have the right to remove any material that Day Herald in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Day Herald, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Day Herald by User or User’s Account.
Either Day Herald or User may terminate this Agreement at any time. Without limiting the foregoing, Day Herald shall have the right to immediately terminate User’s Account in the event of any conduct by User which Day Herald in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for dayherald.com established by Day Herald constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Arizona, United States without regard to its conflict of laws rules. 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. The section headings used herein are for convenience only and shall not be given any legal import.
12. COPYRIGHT NOTICE
Day Herald its logos are trademarks of Day Herald. All rights reserved. All other trademarks appearing on Day Herald are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
14. CHANGED TERMS
Day Herald shall have the right at any time to change or modify the terms and conditions applicable to User’s use of dayherald.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on dayherald.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of dayherald.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.