Terms of Use
The Daily-e Corporation ("The Daily-e") maintains this and other websites as a service
to its customers. By accessing and/or using the AlwaysAccessible® web site, the
associated AlwaysAccessible® products and/or services, and/or any other web sites
owned, operated and/or maintained by The Daily-e (collectively known as the "AlwaysAccessible®
Network"), you are expressly agreeing to comply with and be bound by the following
Terms of Use, as well as all applicable laws and regulations. If you do not agree
with these Terms of Use, you are not authorized to use the AlwaysAccessible® Network
and must not access or use them.
Copyright
Ownership. All content included on the AlwaysAccessible® Network, such as
text, graphics, logos, button icons, images, audio clips and software, is the property
of The Daily-e or its content suppliers and protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement and assembly)
of all content on the AlwaysAccessible® Network is the exclusive property of The
Daily-e and protected by U.S. and international copyright laws. All software used
on the AlwaysAccessible® Network is the property of The Daily-e or its software
suppliers and protected by U.S. and international copyright laws.
Permitted Use. Except as expressly stated in these Terms of Use or as otherwise
specifically authorized by The Daily-e, you may not duplicate, download, publish,
modify or otherwise distribute (including through the use of frames or deep links)
the material on the AlwaysAccessible® Network. Furthermore, you may not copy, reproduce
or distribute the design or layout of the AlwaysAccessible® Network, The Daily-e
logos or other design elements or software. Any use of the The Daily-e Site content
not described herein is strictly prohibited.
Permitted Use of The Daily-e Trademarks
The Daily-e trademarks identify The Daily-e products and services, and let the public
know the source of those products and services. You may make fair use of our trademarks
in advertising and promotional materials, and in referring to our products and services
(for example, in a magazine article) without our permission, provided you follow
standard trademark usage practices and provide proper attribution. Other uses require
written permission from The Daily-e. Please make such requests by e-mail to
bizdev@daily-e.comwe will evaluate your request as soon as possible
Trademarks: daily-e.com, alwaysaccessible.net, alwaysaccessible.com, alwaysaccessible.org,
AlwaysAccessible®, The Daily-e Corporation
User Submissions and Content
The Daily-e may provide interactive areas on the AlwaysAccessible® Network, in which
users may post communications. You alone are responsible for the content of your
communications, and the consequences of any such communications. By submitting content,
which shall include your member name, to any "interactive area" of the
AlwaysAccessible® Network, including message boards, forums, and chat rooms, you
grant The Daily-e a royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, perform and display the content
(in whole or in part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for the full term of any rights
that may exist in such content. You also permit any subscriber to access, display,
view, store and reproduce such content for personal use.
In consideration of being allowed to use the interactive areas on the AlwaysAccessible®
Network, you agree:
- not to use the AlwaysAccessible® Network to send or post on message boards or any
place on the AlwaysAccessible® Network, any message or material that is unlawful,
harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene,
profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise
objectionable material of any kind or nature or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law or regulation, or encourage
the use of controlled substances.
- not to impersonate any other person or entity, whether actual or fictitious, including
impersonating an employee or consultant of The Daily-e.
- not to use an inappropriate member name of any kind.
- not to post or use the AlwaysAccessible® Network to distribute or send any illegal
material of any kind, including but not limited to, illegal material in the form
of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of Use. The Daily-e
reserves the right to delete from the AlwaysAccessible® Network any postings or
member names that violate the above terms and will cooperate fully with any law
enforcement officials and/or agencies in the investigation of any violator or violators.
Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites.
The linked sites are not under our control, and we make no representations as to
the quality, suitability, functionality or legality of any sites to which we may
provide links. You hereby waive any claim you might have against The Daily-e with
respect to such sites.
In addition, you may order services or merchandise through the AlwaysAccessible®
Network from persons or businesses affiliated with The Daily-e ("Seller").
For example, you may choose to purchase an accessibility merchandise or services
from a professional service provider featured on the AlwaysAccessible® Network.
All matters concerning the merchandise and services desired from a Seller, including
but not limited to purchase terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between you and the Seller. The Daily-e makes no warranties
or representations whatsoever with regard to any goods or services provided by Sellers.
You will not consider The Daily-e, nor will The Daily-e be construed as, a party
to such transactions, whether or not The Daily-e may have received some form of
revenue or other remuneration in connection with the transaction. You agree that
The Daily-e will not be liable for any costs or damages arising out of such transactions,
either directly or indirectly.
The Daily-e and/or third parties may, from time to time, send e-mail messages to
you containing advertisements, promotions, etc. The Daily-e makes no representation
or warranty with respect to the content of any such e-mail messages or any goods
or services which may be obtained from such third parties, and you agree that neither
The Daily-e nor such third party shall have any liability with respect thereto.
Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password
(your "registration"). You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify The Daily-e of
any unauthorized use of your registration.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE AlwaysAccessible® Network IS AT YOUR SOLE RISK.
THE AlwaysAccessible® Network IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. The Daily-e EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION ON THE AlwaysAccessible® Network IS PROVIDED WITH THE UNDERSTANDING
THAT NEITHER The Daily-e NOR ITS AFFILIATES, WHILE SUCH AFFILIATES ARE PARTICIPATING
IN THE AlwaysAccessible® Network, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING
OR OTHER LIKE PROFESSIONAL SERVICES OR ADVICE.
The Daily-e makes no warranty that the AlwaysAccessible® Network' services will
be uninterrupted, secure or error free. The Daily-e does not guarantee the accuracy
or completeness of any information in, or provided in connection with, the AlwaysAccessible®
Network. The Daily-e is not responsible for any errors or omissions, or for the
results obtained from the use of such information. You understand and agree that
any material and/or data downloaded or otherwise obtained through the use of the
AlwaysAccessible® Network is at your own discretion and risk and that you will be
solely responsible for any damage to your own computer system or loss of data that
results from the download of such material and/or data.
Limitation of Liability
The Daily-e SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE AlwaysAccessible®
Network OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C)
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE AlwaysAccessible® Network OR (D) RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF The Daily-e HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold each of The Daily-e and its officers and employees
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of The Daily-e, the violation
of these Terms and Conditions by you, or the infringement by you, or any other subscriber
of your account, of any intellectual property or other right of any person or entity.
Termination
The Daily-e reserves the right, at its sole discretion, immediately and without
notice to suspend or terminate (i) these Terms of Use; (ii) your registration with
or ability to access The Daily-e and/or any other service provided to you by The
Daily-e upon any breach by you of the Terms of Use or upon your demonstration of
conduct that The Daily-e determines to be inappropriate.
Applicable Law; Consent to Jurisdiction
The AlwaysAccessible® Network (excluding linked sites) are controlled by The Daily-e
from its offices within the State of New Jersey, United States of America. The AlwaysAccessible®
Network can be accessed from all 50 states, as well as from other countries around
the world. As each of these places has laws that may differ from those of New Jersey,
by accessing the AlwaysAccessible® Network both you and The Daily-e agree that the
statutes and laws of the State of New Jersey, without regard to the conflict of
laws principles thereof, will apply to all matters relating to use of the AlwaysAccessible®
Network.
You agree that exclusive jurisdiction for any dispute with The Daily-e, or in any
way relating to your membership or use of The Daily-e, resides in the courts of
the State of New Jersey and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of New Jersey in connection
with any dispute including any claim involving The Daily-e or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers and content
providers. If any provision of these terms shall 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.
Miscellaneous
The failure of either party to insist upon or enforce strict performance by the
other party of any provision of the Terms of Use or to exercise any right under
the Terms of Use will not be construed as a waiver or relinquishment to any extent
of such party's right to assert or rely upon any such provision or right in that
or any other instance, rather, the same will be and remain in full force and effect.
The Daily-e may assign its rights and obligations under these Terms of Use and upon
such assignment The Daily-e may be relieved of any further obligation hereunder.
You represent to The Daily-e that you have the authority to register with The Daily-e
according to these Terms of Use.
The Daily-e reserves the right to charge fees, surcharges and/or membership fees
at any time.
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