PLEASE READ THIS TERMS OF SERVICE DOCUMENT CAREFULLY-IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Acceptance of Terms of Service:
By using the website www.daypacer.com (“Website”), you agree to this Terms of Service (“TOS”) contract in its entirety. If you do not agree to the TOS, you must discontinue all use of the Website immediately. Subsequent use of the Website at any time will constitute acceptance of this TOS contract in its entirety.
Revision of Terms of Service:
This Website is operated by Daypacer®, LLC, and/or its affiliates (“we”, “our”, or “us”). We may revise the TOS at any time by updating this TOS contract and any such revisions will be effective immediately. By using the Website, you agree to be bound by any such changes to the TOS contract. If any future revisions to the TOS are unacceptable to you, you must discontinue all use of the Website. Otherwise, your continued use of the Website will constitute acceptance by you of the TOS in its entirety.
Use of Website; Termination; Website Modification; Disclaimers of Claims:
You acknowledge that you are using the Website at your own risk. You expressly disclaim any claim, or cause of action, you have, may have, or believe you have, or may have, against us relating to, or arising from, your use of the Website or any materials or information contained on the Website. We expressly disclaim, and assume no, responsibility for errors or omissions in Website materials or information. We reserve the right, in our sole discretion, to terminate, or restrict, your use of the Website for any, or no, reason, and without notice, obligation or liability to you or any other person. We also reserve the right, in our sole discretion, to terminate, or modify, any Website feature or offering, for any, or no, reason, and without notice, obligation or liability to you or any other person. If your use of the Website is terminated, you agree to cease all use of the Website immediately. If you create an account with the Website, you may terminate such account at any time by submitting a request through our “Contact Us” page of the Website recited below.
Personal and Non-Commercial Use; Blocked Use; Licensing:
The materials and information contained on the Website are provided only for PERSONAL and NON-COMMERCIAL USE, and may be used by you for informational purposes only. You agree not to reproduce, duplicate, copy, sell, trade, publish, republish, upload, transmit, misrepresent or exploit the materials or information contained on the Website or on our databases for any commercial purpose or financial or business benefit that is adverse to us or not to the benefit or in the interest of the Website. You acknowledge, and agree, that we may establish general practices and use threshold limits concerning use of the Website, including, without limitation, the maximum number of times you may access the Website. We do not disclose what those use threshold limits are in order to prevent users from circumventing such use threshold limits. We reserve the right, in our sole discretion, to change or modify our general practices and use threshold limits for any, or no, reason, and without notice, obligation or liability to you or any other person. If you violate our general practices or our use threshold limits, we, in our discretion at any time and without notice, may deny you access to the Website. We reserve the right to deny you access to the Website without any obligation or liability to you or any other person regardless of whether you violate our general practices or the use threshold limits. If you are extensively using the Website for a non-personal, but non-commercial use (e.g., use by colleges or non-profit institutions), we will consider, in our sole discretion, licensing to you the right to use the Website through a separate license agreement. Educational institutions accredited through an accrediting organization recognized by the Council for Higher Education Accreditation (CHEA) may download and reproduce Website materials for distribution in the classroom or for academic counseling only. Distribution outside the classroom or academic counseling environment requires a separate license from us. Personal users may download one copy of the materials or information on the Website for personal and non-commercial use and print one hard paper copy of the materials, provided that you do not alter the material or information or remove any trademark, copyright, or other notice from such material or information. Inquiries regarding blocked use or licensing can be sent to us through the “Contact Us” page recited below.
Violating Uses; Civil and Criminal Liability:
You acknowledge and agree that the Website and our databases contain valuable materials and information which you are allowed to access, in our sole discretion, by use of the Website provided that your use is personal, non-commercial, and does not violate any TOS provision. The materials and compiled materials and information appearing on the Website and stored on our databases are exclusive to us, or to our third-party licensors, and are, or may be, protected by applicable intellectual property, and other, laws. Any use of the materials or information on the Website that violates, or breaches, this TOS may make you liable to us for liquidated damages (see Section 6), and, in addition, may subject you to both civil and criminal claims and causes of action. Under the Illinois Computer Crimes Statute, 720 Ill. Comp. Stat. 5/16D-1, et. Seq. (2011), information or materials provided to you through the Website and our databases are considered our property, and any violation, or breach, of the TOS provisions may result in you being charged with up to a criminal Class 4 Felony. A civil proceeding for breach of contract also may be initiated upon violation, or breach, of the TOS provisions. We employ several administrative programs in connection with the Website. You agree that you are not allowed to access any administrative program relating to this Website at any time. You agree not to use, or overuse, the Website or our databases in any way that would interfere with, or disrupt, Website services, or overload our databases through extensive queries. If your use has been terminated or blocked, you agree not to bypass, or attempt to bypass, blocked access, or to continue to use the Website, under a different name or IP address.
You agree that for any violating use of the Website, you will pay to us liquidated damages in the amount of $0.75 (Seventy-Five cents) per page download and/or page view. Such liquidated damages represent a fair and reasonable estimate of the economic damage and loss that a violating use of the Website may cause to us.
Some Website access may require an account or subscription registration. You must be 13 years of age or older to create an account. If you are 13 or older, but under the age of 18, you should review this Agreement with your parent/guardian to ensure you and your parent/guardian understand it. By accepting the TOS you warrant to us that you have the authority and capacity to agree and abide by the TOS. If you are a representative of an institution or entity, you warrant that you are an agent of the institution or entity, and warrant that you are authorized to act on its behalf in an official capacity on the Website. You are solely responsible for maintaining the confidentiality of your account information and password and providing us with accurate account information. You shall be responsible for all uses of your registration and password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account or password through the “Contact Us” page recited below.
Choice of Law and Forum:
You acknowledge that your agreement to the TOS, and your use of our Website and databases, occur in the State of Illinois as the computing systems containing the TOS, Website, and databases are located in the State of Illinois. You agree that this TOS shall be governed by the laws of the State of Illinois, without regard to its choice of law provisions. You further agree that any and all claims, actions, or disputes which arise out of, or relate in any way to, your use of the Website or databases, or to the TOS, other than any criminal proceeding, will be brought in the state or federal courts located in Salt Lake County, Utah. This means that any claim, action, or dispute, other than a criminal proceeding, must be filed in Salt Lake County, Utah, but that the Utah Court will apply the laws of the State of Illinois. You agree to submit to the personal jurisdiction of the state or federal courts of the State of Utah and agree to waive any and all objections to the exercise of jurisdiction and venue over you in such courts. You agree not to commence, or prosecute, in any other forum or venue any claim, action, or dispute relating to, or arising from, this TOS.
Attorneys’ Fees and Costs:
You agree that, if we prevail against you in any dispute arising from, or relating to, this TOS, you shall pay to us all of our reasonable attorneys’ fees and all costs incurred in connection with such dispute.
Representations and Warranties:
You agree that your use of the Website shall be at your sole risk. We present the Website “AS IS” and expressly disclaim any and all representations and warranties, express, implied or statutory, regarding your use of the Website or the accuracy, completeness, or reliability of any material or information appearing on the Website. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not represent that use of the Website will be uninterrupted or error-free. Any material or information downloaded or otherwise obtained through use of the Website is accessed at your own discretion and risk, and you are solely responsible for, and waive, any and all claims and causes of action for damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material or information.
We shall not be liable for any claims made against you or us relating to, or arising from, your use of the Website, or your violation, or breach, of the TOS. You agree to indemnify, defend and hold us and our affiliates, owners, members, shareholders, directors, officers, employees, and agents harmless from and against any claim or cause of action asserted by any third party relating to, or arising from, directly or indirectly, in whole or in part, your use of the Website, the use of the Website by any other person who accesses it using your account information, your IP address, or your violation, or breach, of the TOS and from any damages (including, without limitation, punitive, direct, incidental, indirect, special or consequential damages and, lost revenue, or lost profits) and reasonable attorneys’ fees and costs, relating thereto.
Any information that you submit to us or that we collect through the Website is subject to our Privacy Statement (http://www.Daypacer.com/legal/privacy), the terms of which are specifically incorporated into the TOS.
Links to Other Websites:
The Website contains links to third-party websites, which are provided for your convenience only. We have no control over these linked sites, some or all of which may have their own user agreements and data collection practices. You access them at your own risk. Inclusion of any linked third-party website on the Website does not imply our approval or endorsement of the website. We do not confirm the accuracy or reliability of any of the information or materials contained on any third-party website.
Statute of Limitations:
You agree that any cause of action or claim you may have, or you believe you may have, with respect to the Website or the TOS must be instituted within one (1) calendar year after the claim or cause of action arose, or be forever waived and barred.
Any failure by us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision, or any other rights or provisions contained in the TOS. If any provision of the TOS is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Intellectual Property; Copyright Issues:
Any trademarks, service marks, or trade names appearing on the Website belong solely to us or our third-party licensors. Materials and information published on the Website are protected by copyright laws, and may not be reproduced, distributed, transmitted, or otherwise exploited in any manner that constitutes infringement, without our express written permission. Any material or information that you download from the Website (including files, images, information, links, etc.) does not in any way transfer title or a license of any downloaded material or information to you. If you believe that any content posted on the Website infringes your copyright or other intellectual property rights, please notify us by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. § 512, to us at:
1333 East 9400 South
Sandy, UT 84093
Email: copyright1 at Daypacer.com
Entire Agreement; Headings:
This TOS constitutes the entire agreement between you and us, and governs your use of the Website and our databases and supersedes any prior agreements, communications, arrangements, understandings, negotiations and promises, whether oral or written, by or between you and us as to the subject matter hereof. The section titles/headings in the TOS are for convenience only and have no legal or contractual effect.
If you have any questions please email us through the “Contact Us” form or send written questions/requests to:
1333 East 9400 South
Sandy, UT 84093
Email: copyright1 at Daypacer.com