Terms of Use
General
These are the Terms of Use for the Daughter4aDay World Wide Web site ('website'). These Terms of Use describe the terms and conditions applicable to your access and use of the website. Daughter4aDay may amend these Terms of Use at any time by posting the amended Terms of Use on our website. All amended terms and conditions will be automatically effective after they are posted on our website. These Terms of Use last were revised on August 16, 2011.
By accessing materials on the website you agree with the terms and conditions in these Terms of Use, including our Privacy Policy.
Daughter4aDay reserves the right to modify this website at any time. Modifications will be posted on the website, and users are deemed to be apprised of and bound by any changes to the website.
Scope of Use
Daughter4aDay hereby grants you the limited right and license to view, use and download a single copy of the information contained in this website for your informational, non-commercial use provided you keep intact all copyright, trademark and other proprietary rights notices. You may not distribute, sell, rent or lease the information contained in this website without the prior written consent of Daughter4aDay.
You agree to use the website, including without limitation, any chat rooms, listservs, bulletin board services, discussion threads or similar services made available to you by Daughter4aDay, only for lawful purposes in accordance with these Terms of Use. You agree not to post on or otherwise transmit through the website any explicit or obscene language; language that infringes anyone else's intellectual property rights; discussions of illegal topics; personal attacks on other individuals; personal information about any minors; or other information that we, in our sole discretion, deem to be inappropriate for the website. You agree that Daughter4aDay has the right, but not the responsibility to monitor your communications hereunder and may edit or delete any of your communications that violate this Agreement, as well as block your access to the website for your failure to comply with this section.
No Warranties
All content, information, products and services on this website are provided to you on an 'as is', 'as available' basis without warranty of any kind either express or implied, including but not limited to the implied warranties of fitness for a particular purpose, data accuracy, quiet enjoyment and non-infringement. Daughter4aDay makes no warranty as to the accuracy, completeness, currency or reliability of any content, information, products or services available through this website, or regarding the timeliness of transmission of information between any users of this website, or between users of this website and Daughter4aDay.
Daughter4aDay makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the website is free of viruses.
Limitation of Liability
Daughter4aDay specifically disclaims, to the maximum extent permitted by law, any and all liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the website, even if Daughter4aDay has been advised of the possibility of such damages, including but not limited to reliance by any party on any content, information, products or services obtained through use of this website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user or between users, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website or related information. The limitation of liability contained herein shall be enforced even if all other remedies fail of their essential purpose.
Indemnity and Breach
You agree to indemnify and hold us and our officers, directors, agents, and employees, harmless from any liability for any claims, demands and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this website, breach of these Terms of Use, or your violation of any law or the rights of a third party or arising out of any materials submitted by you. Without limiting our other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website if you breach these Terms of Use or our Privacy Policy, or if we think that your actions may cause legal liability for you, our other users or Daughter4aDay.
Email and Electronic Transmission of Information
You understand that the Internet is public and that e-mail communications and electronic transmission of information between you and Daughter4aDay, or between you and any other user via this website are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to Daughter4aDay or to other users via e-mail.
Proprietary Rights
This website and all content contained herein are proprietary to, and are the sole property of the Daughter4aDay or its licensors. All title to the website and the information and ideas contained herein, and all rights in any copyrights, trademarks, trade secrets, trade names, patents and other intellectual property rights in or in connection with the website (including but not limited to, any images, photographs, animations, video, audio, music, text, and 'applets' incorporated therein), are and will remain the property of Daughter4aDay. This website is protected by U.S. and international copyright and other proprietary rights laws. You may not copy, modify, reproduce, perform, display, distribute or create derivative versions of: (a) content on this website (other than as expressly permitted in these Terms of Use), (b) the design or layout of the website or individual sections of the design or layout of the website or (c) the Daughter4aDay trademarks and logos, without Daughter4aDay's prior written permission.
Trademarks
Senior Service America, Inc. and Daughter4aDay are registered trademarks, service marks and/or certification marks of Senior Service America, Inc. Unauthorized use of any of Daughter4aDay's trademarks, service marks, certification marks or logos may be a violation of federal and state trademark laws.
Violation of Rules and Regulations
Daughter4aDay reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this website, including the right to block access from a particular Internet address to the website.
Governing Law and General Provisions
This website is operated by Daughter4aDay from the State of Massachusetts within the United States of America. Daughter4aDay makes no representation that the information in the website is appropriate or available for use in other locations, and access to the website from territories where the contents of the website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on this website will be governed by the laws of the State of Massachusetts excluding the application of its conflicts of law rules. You hereby consent to exclusive personal jurisdiction in the courts of the State of Massachusetts with regard to any proceeding arising out of or related to these Terms of Use or your use of or access to the website. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. Notwithstanding the foregoing, Daughter4aDay may post supplemental terms and conditions regarding privacy and user information on this website, which shall become binding upon users if and when such additional terms and conditions are posted.