Terms
& Conditions
Daily24Care Terms of Use
Terms Of Service & Conditions Of Use
The following describes the Terms of Service Conditions of Use for our www.daily24care.blogspot.com
website (“Website” or “Site”).
IMPORTANT—This Website is operated by Daily24Care (“we”,
“our”, “us”). PLEASE READ THIS TERMS OF USE AGREEMENT (“Terms” or “Agreement”)
CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. THESE TERMS OF USE DESCRIBE
YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING OUR WEBSITE,
YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE. THESE TERMS OF
USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE WEBSITE
ALONG WITH RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE
WEBSITE. THESE TERMS OF USE ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE
AND A CLASS ACTION WAIVER.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR
USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT
USE OUR WEBSITE.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MAKE CHANGES TO OUR
WEBSITE, THESE TERMS, THE POLICIES AND CONDITIONS THAT GOVERN THE USE OF OUR
WEBSITE AND AN INDIVIDUAL’S ACCESS TO THIS SITE AT ANY TIME, OR TO TERMINATE
THIS SITE WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS,
ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE
WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to abide by these Terms of Service and
Conditions of Use. Please read them carefully.
Our Daily24Care Website (and other internal websites stemming from
it, such as specific membership sites or webpages pertinent to the main website
or weblog) is an online (and, periodically, offline) information service and is
subject to your compliance with the terms and conditions set forth below (all
parts and parties collectively referred to as our website).
Any other policies, notices, or other legal/administrative pages contained
in our website are necessarily incorporated into these Terms of Service and
Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy
Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance
Policy.
You agree to follow all applicable laws and regulations regarding your use
of our www.daily24care.blogspot.com website and the content and materials
provided in it.
Our website is an independent, stand-alone entity that has no relationship,
connection, or affiliation whatsoever with any company, person, outfit,
organization, or group mentioned herein, even if such name appears in our
website name, domain, URL, or otherwise. You should assume no other party, by
mere mention of their name, has endorsed anything you see here. The aim is
simply to provide useful resources for our readers, some of which we may be
compensated for. You should simply assume at all times we are being compensated
and, while that may not prompt us to make unsound recommendations, you should
always be responsible for your own financial decisions, be it investing,
purchasing, donating, or otherwise.
License Grant
You are granted a personal, limited, nonexclusive, nontransferable,
royalty-free, revocable license to use our website conditioned on your
continued compliance with these Terms of Use. You may print and materials and
information from this Website solely for your own personal use, provided that
you agree not to change the content from its original form. Moreover, you agree
not to modify or delete any copyright and/or applicable intellectual property
notices from the materials. Any part of the Website with a notice that
prohibits the printing & downloading of materials supersedes all prior
statements and controls.
License Restrictions
The foregoing license is limited. You, therefore, may not (1) use, copy,
store, reproduce, transmit, distribute, display, rent, lease, sell, modify,
alter, license, sublicense, or commercially exploit the Website (or any part
thereof) in any manner not expressly permitted by these Terms of Use; (2)
reverse engineer, decompile, disassemble, translate, or create any derivative
work of the Website (or any part thereof); (3) access, link to, or use any
source code from the Website (or any part thereof); or (4) erase or remove any
proprietary or intellectual notice contained in or on the Site (or any part
thereof). In addition, you acknowledge and agree that exceeding the scope of
the license herein shall be a material breach of this Agreement and subject to
the termination provisions set forth herein.
Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The Website may contain content and/or materials specifically provided by
us, our partners or our users and such content is provided by copyrights,
trademarks, service marks, patents, trade secrets or other proprietary rights
and laws. The owner of the copyrights and/or trademarks are our website, and/or
other third party licensors or related entities. You shall abide by and
maintain all copyright notices, information, and restrictions contained in any
content accessed through the services.
You hereby acknowledge that Daily24Care provides you with only a
limited license to access and use the Website. Accordingly, you hereby
expressly acknowledge and agree that Daily24Care transfers no
ownership or intellectual property interest or title in and to the Daily24Care materials to you or anyone else under this Agreement. You do not own
rights to any article, book, ebook, document, blog post, software, application,
add-on, plugin, art, graphics, images, photos, video, webinar, recording or
other materials viewed or listened to through or from our Daily24Care website or via email or by way of protected content in a membership site. Such
materials are the copyrighted property of Daily24Care or its
affiliated companies and/or third party licensors. The posting of data on our
website, such as a blog comment, does not change this fact and does not give
you any right in the data. You surrender any rights to your content once it
becomes part of our website.
All rights not expressly granted in these Terms of Use are reserved to Daily24Careor its affiliated companies and/or third party licensors,
whichever is the owner of any specific material. Daily24Care hereby
reserves any and all intellectual property rights in the Website materials not otherwise expressly granted in this Agreement. Nothing contained in this
Website should be construed as granting any license or right to use any
trademark, logo, trade name, or design displayed on this Website without the
written permission of Daily24Care, or the respective owner of the
trademark. The use of any such material on any other website or computer
environment is prohibited.
User Obligations
By accessing or using the Website, you hereby represent that you are of the
legal age to execute a legally enforceable contract under the laws of the state
and/or country in which you reside. You also agree that you will, at all times,
provide true, accurate, current, and complete information when submitting
information to the Website, including, without limitation, when you provide
information to Daily24Care via an email or any registration or
submission form found on the Website. In addition, you agree to use the
products and services offered by our website in a manner consistent with all
applicable local, state and federal laws and regulations. No material shall be
stored or transmitted which infringes or violates the rights of others, which
is unlawful, obscene, profane, indecent or otherwise objectionable,
threatening, defamatory, or invasive of privacy or publicity rights.
Our Website prohibits conduct that might constitute a criminal offense,
give rise to civil liability or otherwise violate any law. Any activity that
restricts or inhibits any other user from using the services of our website is
also prohibited. Unless allowed by a written agreement, you may not post or
transmit advertising or commercial solicitation on our website.
You shall not: (i) take any action that imposes or may impose (as
determined by us in our sole discretion) an unreasonable or disproportionately
large load on our (or our third party providers’) infrastructure; (ii)
interfere or attempt to interfere with the proper working of the Services or
any activities conducted on the Services; (iii) bypass, circumvent, or attempt
to bypass or circumvent any measures we may use to prevent or restrict access
to the Services (or other accounts, computer systems or networks connected to
the Services); (iv) run any form of auto-responder or “spam” on the Services;
(v) use manual or automated software, devices or other processes to “crawl” or
“spider” any page of the site; (vi) harvest or scape any content from the Site;
or (vii) otherwise take any action in violation of these Terms of Use. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS,
PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Daily24Care TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. In such circumstances or if you violate
any of the provisions of these Terms of Use, your permission to use the materials
automatically terminates and you must immediately destroy any copies you have
made of the materials.
Links to Our Website
The Website may permit you to link to other websites, services or resources
on the Internet, including but not limited to Facebook, and other websites,
services or resources. You may provide links to our Website, provided you do
not change, remove, or obscure the copyright notice or other notices on our
website. Your website or other source of links must not engage in illegal or pornographic
activities. Finally, you may link provided you understand that you must stop
linking to our Website immediately upon our request.
Use of Our Website.
You agree, acknowledge, and accept that we are not trained professionals
and do not purport to render professional or expert advice in any arena. This
Site is not intended to diagnose, treat, cure, or prevent disease. This Site is
not intended to provide legal or financial advice. This Website’s content is
not a substitute for direct, personal, professional medical, legal or financial
advice. The information contained within this Site is not intended to provide
specific physical or mental medical advice, legal advice, financial advice, or
any other advice whatsoever, for any individual or company and should not be
relied upon in that regard. Our website, and your use of it, does not create an
attorney-client, physician-patient, or advisor-client relationship. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data contained in
or linked to our website.
Your use of our Daily24Care website or materials linked to our
website is completely at your own risk. You should not act or depend on any
data on our Website, where applicable, without seeking the counsel of a
competent lawyer, doctor, or financial advisor licensed to practice in your
jurisdiction.
Submission of Information and/or Materials
You agree that you will, at all times, provide true, accurate, current, and
complete information when submitting information or materials on this Website,
including, without limitation, when you provide information via a Website
registration or submission form. If you provide any false, inaccurate, untrue
or incomplete information, Daily24Care reserves the right to terminate
immediately your access to and use of this Website.
In addition, you agree that you will not make any transmission or
submission to this Website that violates any laws or regulations or infringes
or violates the rights of any person or entity. By making communications or
submitting information, success stories, testimonials, feedback, and/or
photographs (collectively, “Submissions”) to message or discussion boards or
other forums, such as success stories or testimonials, or in contests, you
agree that such Submission is not confidential for all purposes and we shall
not be liable for any use or disclosure of any such Submissions by us or
others. You agree to not post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them or have the permission
of the owner; post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others; post material
that is obscene, profane, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user of our website or any other person or entity;
post a sexually-explicit image; post advertisements or solicitations of business;
post chain letters or pyramid schemes; or impersonate another person.
If you make any such Submission, you automatically grant Daily24Care a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license,
with the right to sub-license, to reproduce, distribute, disseminate transmit,
create derivative works of, modify, publicly display and publicly perform any
materials and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any public
areas of our website (such as bulletin boards, forums, blog, and newsgroups) or
by e-mail to our website by all means and in any media now known or hereafter
developed. You also grant to our website the right to use your name and/or
likeness in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against our website
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to our website. Daily24Care is not and shall be under no obligation (1) to maintain any Submissions in confidence; (2)
to pay for compensation for using any Submissions and/or using your name or
likeness for promotional purposes; or (3) to respond to any Submissions.
Daily24Care does not represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted by other users of our
Website or endorse any opinions expressed by users of our website. You acknowledge
that any reliance on material posted by other users of our website will be at
your own risk.
Sale of Products
You may be provided with the opportunity to purchase products and/or
services through the Daily24Care Website or from third party websites
linked to the Daily24CareWebsite. Products and services purchased
through or provided by third-party websites are subject to the terms and
conditions of such third parties and their websites, and Daily24Care shall have no liability or responsibility for such purchases.
Modifications
Daily24Care reserves the right to modify, discontinue, temporarily
or permanently, the Website as a whole and any or all of the Website features,
products, services or information appearing on, or available through, any or
all of the Website with or without notice to you. We may make changes to the
features, functionality or content of our website at any time. We reserve the
right in our sole discretion to edit or delete any data appearing on our
website. You agree that Daily24Care shall not be liable to you or any
third party for any modification or discontinuance of such features, products,
services, or information on the Website or the Website itself. However, neither
the course of conduct between the parties nor industry trade practice shall act
to modify any provision of this Agreement.
Privacy Policy
The registration data and certain other information about you is subject to
our Privacy Policy. Please review the full privacy policy here.
Your Duty To Other Users
Your use of our Website is for your own personal, non-commercial benefit.
In no way are you to leverage our website in a way that mines for the personal
information of others, whether in blog comments or otherwise, for your own use
or for the benefit of others. This includes, but is not limited to, spam
(unsolicited commercial email).
If you inadvertently obtain personal information about other users, you
shall not share this with anyone else.
Restricted access
Access to certain areas of our Website is restricted. We reserve the right
to restrict access to other areas of our website, or indeed our whole website,
at our discretion.
If we provide you with a user ID (username) and password to enable you to
access restricted areas of our website or other content or services, you must
ensure that that user ID and password is kept confidential. You may not share
your user ID and/or password with anyone for any reason, either directly or
indirectly. You accept responsibility for all activities that occur under your
user ID or password.
Viruses, etc.
You also understand that our Daily24Care website cannot and does
not guarantee or warrant that files available for downloading through our
website will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to our website for the reconstruction of any lost
data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND
THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS”
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT
SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our Website
makes no representations about the accuracy, reliability, completeness, or
timeliness of the content or about the results to be obtained from using our
website or the content on it. Use of our website and the content is at your own
risk. Changes are periodically made to our website, and may be made at any
time. You expressly agree that the use of our Website is at your sole risk and
is provided on an “as is” and “as available” basis to the fullest extent
permissible pursuant to applicable laws.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR
THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT
RESPONSIBLE FOR THOSE COSTS.
Daily24Care and its affiliates (and their franchisees and
licensees) and subsidiaries (collectively, “affiliates”) expressly disclaim all
warranties of any kind, express or implied, including, but not limited to the
implied warranties of merchantability, fitness for a particular purpose, title,
and non-infringement. Daily24Care and its affiliates make no
warranty, express or implied, that the Website or any services, products or information
obtained on or through the Website will meet your requirements or will be
uninterrupted, timely, secure, or error free; nor does Daily24Care and
its affiliates make any warranty, express or implied, as to the results that
may be obtained from the use of the Website or any services, products or
information obtained on or through the Website as to accuracy, completeness or
reliability thereof. Daily24Care makes no commitment to update or
correct any information that appears on the Website or any Website linked
hereunder.
You understand and agree that any material and/or information downloaded or
otherwise obtained through the use of or from the Website is done at your own
discretion and risk and that you will be solely responsible for your use or
nonuse of such information, including, without limitation, any damage to your
computer system or loss of data that results from the download of such material
and/or information and any bodily injury. Daily24Care is not
responsible for technical, hardware or software failures of any kind; lost or
unavailable network connections; incomplete, garbled or delayed computer
transmissions.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF ACCESS, USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. UNDER
NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY
YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE
LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM
OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES
OTHERWISE AVAILABLE.
Links to Third Party Websites.
Our website contains links to third party Websites. Our Daily24Care website makes no representations whatsoever about any other website which
you may access through this one or which may link to this website. These other
resources are not under our control, and you acknowledge that we are not
responsible or liable for the content, functions, accuracy, legality,
appropriateness or other aspect of such websites or resources. The inclusion of
any such link does not imply our endorsement or any association between us and
their operators. When you access a website from our Website, please understand
that it is independent from our website. These links are provided solely as a
convenience to you and not as an endorsement by our website of the contents on
such third-party websites. Our Website is not responsible for the content of
linked third-party Websites and does not make any representations regarding the
content or accuracy of material on such third party Websites. If you decide to
access linked third-party websites, you do so at your own risk. You should
assume we are compensated for any purchases you make. 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 website or source.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much
personal information about themselves, in a way that seems innocuous, if not
proper and expected. However, more than a few folks have already lived to regret
personal information that was shared either by them or others. This has long
been true of simple email. It is exponentially true of social websites and
applications for social media on any other website, including this one. You are
cautioned against carelessly disclosing information.
Indemnification.
You agree to indemnify, defend and hold harmless our Daily24Care website, its members, officers, directors, employees, agents, licensors,
suppliers, licensors, contractors, third party information providers and others
involved in the delivery of products, services or information through the
Website (collectively, “Indemnified Parties”), from and against all losses,
expenses, damages, judgments, awards, expenses and costs, including reasonable
attorneys’ fees and litigation expenses, resulting from any use of our website
or violation of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing our website. You will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed through the
Website. We reserve the right to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you
will assist and cooperate with us in asserting any available defenses.
Third Party Rights.
The Use of the Service, and Indemnification provisions are for the benefit
of our Website and its owners, officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its/their own behalf.
Term; Termination.
These Terms of Use will take effect at the time you place an order,
register, respond to a request for information, or begin downloading,
streaming, accessing, or using the Website, whichever is the earliest. We
reserve the right at any time and for any reason to investigate complaints or
reported violations of these Terms of Service and Conditions of Use and to take
any action we deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third
parties and disclosing any data necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage history, IP addresses
and traffic data. We reserve the right to immediately terminate a user’s
account in the event of any conduct by a user which Daily24Care, in
its sole discretion considers to be inacceptable, or in the event of any breach
by a user of these Terms of Use. Termination will be effective with or without
notice.
You may also terminate these Terms of Use at any time by ceasing to use the
Website, but all applicable provisions of these Terms of Use will survive
termination. The provisions concerning Daily24Care’s proprietary and
intellectual property rights, Submissions, indemnity, disclaimers of warranty
and liability, third party rights, and governing law will survive termination
of these Terms of Use for any reason.
Governing Law
This Agreement shall treated as though executed, set in force, and
performed in the State of New York, Accordingly, it shall be governed and
construed in accordance with the laws of YOURSTATE in terms of those applicable
to agreements, without regard to conflict of law principles. Should the
arbitration provision below be found to be inapplicable or unenforceable, you
consent and submit to the exclusive jurisdiction of the state and federal
courts located in the state of New York, United States of America, in all
questions and controversies arising out of your use of the Website and this
Agreement.
Disputes
Any cause of action by you with respect to our Website must be instituted
within one (1) year after the cause of action arose or accrued, or be forever
waived and barred. All actions shall be subject to the limitations set forth in
these Terms of Service and Conditions of Use.
ARBITRATION AND CLASS ACTION WAIVER
Any controversy or legal claim arising out of or relating to the use of the
Website or Service, or these Terms of Service and Conditions of Use, excluding
intellectual property right infringement and other claims by us, that cannot be
resolved through an informal process or through negotiation within 120 days
shall be settled confidentially through mandatory binding arbitration
administered by the American Arbitration Association commercial arbitration rules.
Judgment on the award rendered may be entered in any court having jurisdiction
thereof. The arbitration shall be conducted in New York. Each party shall bear
one half of the arbitration fees and costs incurred, and each party shall bear
its own lawyer fees. You agree that all disputes and all claims shall only be
arbitrated on an individual basis, and shall not be consolidated, on a
class-wide, representative basis, or with any other arbitration(s) or other
proceedings that involve any claim or controversy of any other party.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO
GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS
ACTION. In arbitration, a dispute is resolved by a neutral
arbitrator or panel of arbitrators, rather than by a judge or jury.
Arbitration is more informal than a court trial; however, an arbitrator
can award the same relief that a court can award. The arbitration will be
administered by the American Arbitration Association (“AAA”), and may be
conducted under AAA’s Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) in
effect at the time of the dispute. You may obtain copies of the AAA Rules
and forms and instructions for initiating arbitration by visiting the AAA
website at www.adr.org.
IF FOR ANY REASON THIS ARBITRATION CLAUSE IS UNENFORCEABLE OR INAPPLICABLE,
BOTH YOU AND WE AGREE, TO THE EXTENT PERMISSIBLE BY LAW, TO WAIVE ANY RIGHT TO
PURSUE ANY CLAIMS ON A CLASS ACTION BASIS. IF ANY PORTION OF THIS CLASS ACTION
WAIVER IS LIMITED, VOID, OR UNENFORCEABLE, THEN OUR AGREEMENT TO ARBITRATE
UNDER THIS SECTION WILL NOT APPLY AND ANY CONTROVERSY OR CLAIM MUST BE BROUGHT
EXCLUSIVELY IN THE STATE AND FEDERAL COURTS IN [STATE].
Assignability
Our website may assign its rights and duties under this Agreement to any
party at any time without notice to you. If Daily24Care, or its
assets, are acquired by another entity, then that entity will assume our rights
and obligations as described in these Terms of Use. You may not assign your
rights or obligations under these Terms of Use, by operation of law or
otherwise, without our prior written consent. Notwithstanding the foregoing, Daily24Care may assign this Agreement in whole or in part. Moreover, Daily24Care may delegate its rights and responsibilities or use
contractors or agents to fulfill its obligations under this Agreement. No joint
venture, partnership, employment, or agency relationship exists between you and Daily24Care, as a result of these Terms of Use or your use of this
Website. These Terms of Use, Daily24Care’s Privacy Policy, and any
other agreement or terms or conditions for services, subscriptions, or licenses
for products or services available through the Website, which are all hereby
incorporated by reference as if set forth fully herein, represent the entire
agreement between you and Daily24Care, with respect to use of the
Website, and they supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between you and Daily24Care, with respect to this Website.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be interpreted
as to its fair meaning and not strictly for or against any party. Any rule of
construction to the effect that ambiguities are to be resolved against the
drafting party (i.e. ñ contra preferentum) shall not apply in interpreting
these Terms of Service and Conditions of Use, as the Agreement shall be
construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held
invalid or unenforceable, that portion shall be construed as much as possible
consistent with applicable law and severability shall apply to the remaining
portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in
conflict or inconsistent with these Terms of Service and Conditions of Use,
these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and
Conditions of Use shall not be deemed a waiver of the provision nor of the
right to enforce the provision. No waiver by Daily24Care of any right
under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Our rights under these Terms of Service and Conditions of Use shall survive
any termination of this agreement.
CHANGE NOTICE: As with any of our administrative and legal notice
pages, the contents of this page can and will change over time. Accordingly, this
page could read differently as of your very next visit. These changes are
necessitated, and carried out by Daily24Care, in order to protect you
and our www.daily24care.blogspot.com website. If this page is important
to you, you should check back frequently as no other notice of changed content
will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on
this website, including this one, have been diligently drafted by an attorney.
We at Daily24Carehave paid to license the use of these legal notices
and administrative pages on www.daily24care.blogspot.com for your
protection and ours. This material may not be used in any way for any reason
and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this
page, or simply wish to reach us for any other reason, you may do so by using
our Contact information.
massinissa.irzi@gmail.com