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Terms and Conditions



This Terms of Service Agreement (the "Agreement") describes the terms and conditions on which DailyDorm.com (Waldron & Brown, LLC.) ("we" or "our company") offer services to you ("Member" or "You"). By registering for or using DailyDorm.com (Waldron & Brown, LLC.) services, Member agrees to be bound by the following terms and conditions.

1. Eligibility for DailyDorm.com (Waldron & Brown, LLC.) Services.
Our Services are available only to individuals, organizations, and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Member hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of DailyDorm.com (Waldron & Brown, LLC.), and that the person agreeing to this Agreement for Member is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Member.

2. Services.
Subject to the terms and conditions of this Agreement, DailyDorm.com (Waldron & Brown, LLC.) makes certain Services available to Member. For the purposes of this Agreement: (a) "Member" (or "you") means the business entity and/or Individual that is registering to use the Services, including its employees and agents; (b) DailyDorm.com (Waldron & Brown, LLC.) "Services" means those electronic or interactive services offered by DailyDorm.com (Waldron & Brown, LLC.). DailyDorm.com (Waldron & Brown, LLC.) makes its Services available to Member via Member's Authorized Users (as defined in Section 5 ("Member Account")). DailyDorm.com (Waldron & Brown, LLC.) reserves the right to change or discontinue any of the Services at any time.

3. Ownership
You acknowledge that all materials provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by DailyDorm.com (Waldron & Brown, LLC.) or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by DailyDorm.com (Waldron & Brown, LLC.) and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. DailyDorm.com (Waldron & Brown, LLC.), the DailyDorm.com (Waldron & Brown, LLC.) logo and other DailyDorm.com (Waldron & Brown, LLC.) products referenced herein are trademarks of DailyDorm.com (Waldron & Brown, LLC.), and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

4. Member Information
Member represents and warrants that the information it provides in DailyDorm.com (Waldron & Brown, LLC.) contact information forms is true, accurate, current and complete. Member agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Member is untrue, inaccurate, not current or incomplete, DailyDorm.com (Waldron & Brown, LLC.) will have the right to suspend or terminate Member's account and this Agreement.

5. Member Account

5.1 Authorized Users.
Member may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for Member. Furthermore, Member represents and warrants that each person who registers under Member's account is an authorized agent of Member (an "Authorized User") who has such legal capacity.

5.2 Responsibility for Access
Member is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Member's account, unless such access to or use of the Services is the direct result solely of the gross negligence of DailyDorm.com (Waldron & Brown, LLC.).

5.3 Responsibility for User IDs and Passwords
Member is solely responsible for maintaining the confidentiality of Member access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.

5.4 Notification of Unauthorized Use
Member will immediately notify DailyDorm.com (Waldron & Brown, LLC.) if Member notices any activity indicating that Member's account is being used without authorization, including: (a) Member has received confirmation of an order or orders placed using Member's account which Member did not place or any similar conflicting report; or (b) Member becomes aware of any unauthorized use of any product or service related to its account.

6. Member Data
Member has sole responsibility and liability for the data its stores on DailyDorm.com (Waldron & Brown, LLC.)'s servers. Member controls its data through its account and its Authorized Users. DailyDorm.com (Waldron & Brown, LLC.) encourages Member to archive its data regularly and frequently; Member bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Member agrees to maintain its data in compliance with its legal obligations. DailyDorm.com (Waldron & Brown, LLC.) will delete Member data upon termination of this Agreement. However, DailyDorm.com (Waldron & Brown, LLC.) may retain Member data in its archives after deletion and will not be liable to Member in any way for such retained data.

6.1 Special Circumstances
DailyDorm.com (Waldron & Brown, LLC.) will provide access to the Services and Member's account to an agent of Member ("Authorized Agent") who provides DailyDorm.com (Waldron & Brown, LLC.) with a notarized letter signed by an officer of Member which letter shall include statements of authenticity, authority, and liability as required by DailyDorm.com (Waldron & Brown, LLC.) in its sole discretion. Member expressly and irrevocably agrees that DailyDorm.com (Waldron & Brown, LLC.) may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Member's account. In no event will DailyDorm.com (Waldron & Brown, LLC.) be liable to Member or any third party for DailyDorm.com (Waldron & Brown, LLC.)?s reliance on such letter or such apparent authority.

7. Fees And Payments
DailyDorm.com (Waldron & Brown, LLC.) do not collect and are not responsible for any fees imposed by Member's local authorities, including without limitation: Import or state tax.

8. Acceptable Use

8.1 Illegality/Adult Content
DailyDorm.com (Waldron & Brown, LLC.) neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, the offering for sale of illegal weapons or the promotion or publication of any material that may violate hate crimes legislation.

DailyDorm.com (Waldron & Brown, LLC.) reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. In the event of such termination, Member agrees that the unused portion of any fees Member may have paid for any Services rendered to Member by DailyDorm.com (Waldron & Brown, LLC.) are an appropriate recompense to DailyDorm.com (Waldron & Brown, LLC.) for the time required to respond to and address issues created by Member's illegal or obscene site/content, and Member agrees not to seek recovery of those fees.

Further, should Member violate this policy, DailyDorm.com (Waldron & Brown, LLC.) will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Member, Member's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

8.2 Wrongful Conduct
Member shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

8.3 Access and Interference
Violations or attempts to violate DailyDorm.com (Waldron & Brown, LLC.) systems or to interrupt DailyDorm.com (Waldron & Brown, LLC.) services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation: (a) Unauthorized access to or use of DailyDorm.com (Waldron & Brown, LLC.) Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of DailyDorm.com (Waldron & Brown, LLC.); or (b) Interference with Service to any Member or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Any attempt to circumvent limitations in subscriptions; or (d) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (e) Any action that imposes an unreasonable or disproportionately large load on DailyDorm.com (Waldron & Brown, LLC.)'s infrastructure Member shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the DailyDorm.com (Waldron & Brown, LLC.) Web site.

8.4 Copyright or Trademark Infringement
DailyDorm.com (Waldron & Brown, LLC.) Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. DailyDorm.com (Waldron & Brown, LLC.) reserves the right to suspend or terminate a Member's account that, in DailyDorm.com (Waldron & Brown, LLC.) discretion, violates these policies or violates any law or regulation.

8.5 Other Activities
Whether lawful or unlawful, DailyDorm.com (Waldron & Brown, LLC.) reserves the right to determine what is harmful to its Members, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.
Please be aware DailyDorm.com (Waldron & Brown, LLC.) reserves the right to cancel any account they find in violation of any of the above policies. If appropriate, DailyDorm.com (Waldron & Brown, LLC.) will refer complaints to law enforcement authorities, and in such case, DailyDorm.com (Waldron & Brown, LLC.) will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Member account information.

Complaints about violators of our Policy should be sent via e-mail to abuse@dailydorm.com. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice and without refund of Service fees paid.

9. No Warranty
You expressly understand and agree that: (a) your use of the DailyDorm.com (Waldron & Brown, LLC.) Service is at your sole risk. DailyDorm.com (Waldron & Brown, LLC.) Services are provided on an "as is" and "as available" basis. DailyDorm.com (Waldron & Brown, LLC.) and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. DailyDorm.com (Waldron & Brown, LLC.) and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) DailyDorm.com (Waldron & Brown, LLC.) makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.

10. Indemnity
You agree to defend, indemnify, and hold harmless DailyDorm.com (Waldron & Brown, LLC.), its affiliates, officers, directors, employees, contractors and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other DailyDorm.com (Waldron & Brown, LLC.) policies, terms and conditions.

11. Limitation of Liability
Your use of DailyDorm.com (Waldron & Brown, LLC.) Services is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service.
You expressly understand and agree that DailyDorm.com (Waldron & Brown, LLC.) shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service. In no event will DailyDorm.com (Waldron & Brown, LLC.)'s liability arising out of or in respect of these terms and conditions exceed three months subscription fee.

12. Modifications to Agreements, Policies or to our Services
We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service on DailyDorm.com (Waldron & Brown, LLC.)'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that DailyDorm.com (Waldron & Brown, LLC.) may add, remove, or change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Member subscription.

13. Termination

13.1 Without limiting other remedies, DailyDorm.com (Waldron & Brown, LLC.) may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Member) either temporarily or indefinitely, or terminate Member's account and refuse to provide Services to Member if: (a) DailyDorm.com (Waldron & Brown, LLC.) believes that Member have violated or acted inconsistently with this Agreement, or any of our policies; or (b) Member have failed to pay fees or other payments due to DailyDorm.com (Waldron & Brown, LLC.); or (c) DailyDorm.com (Waldron & Brown, LLC.) is unable to verify or authenticate any information Member provides to DailyDorm.com (Waldron & Brown, LLC.); or (d) DailyDorm.com (Waldron & Brown, LLC.) believes that Member's actions may cause legal liability for Member, DailyDorm.com (Waldron & Brown, LLC.)'s other clients, or DailyDorm.com (Waldron & Brown, LLC.).

DailyDorm.com (Waldron & Brown, LLC.) may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that DailyDorm.com (Waldron & Brown, LLC.) may immediately deactivate, archive or delete your account and all related information and data in your account and/or any further access to such data or the Service. Further, you agree that the DailyDorm.com (Waldron & Brown, LLC.) shall not be liable to you or any third-party for any termination of your access to the Service.

Upon termination of this Agreement by either Member or DailyDorm.com (Waldron & Brown, LLC.), all of Member rights under this Agreement, and DailyDorm.com (Waldron & Brown, LLC.)'s provision of Services, will terminate immediately. Any amounts Member owes DailyDorm.com (Waldron & Brown, LLC.), if any, will become immediately due and payable, including Fees for the remainder of the subscription cycle. Refunds to Member will be given solely at the discretion of DailyDorm.com (Waldron & Brown, LLC.).

13.2 The Sections 6 ("Member Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive any termination of this Agreement.

14. Miscellaneous
These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Web site will be brought in a federal or state court in Allegheny County, Pennsylvania, and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. DailyDorm.com (Waldron & Brown, LLC.)'s failure to act with respect to a breach by Member or others does not waive DailyDorm.com (Waldron & Brown, LLC.)'s right to act with respect to subsequent or similar breaches. No action by Member arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

14.1 Relationship
Member and DailyDorm.com (Waldron & Brown, LLC.) are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14.2 Assignment
Member may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.

14.4 Force Majeure
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond DailyDorm.com (Waldron & Brown, LLC.)'s control.

14.5 Interpretation
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, 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.

14.6 DailyDorm.com (Waldron & Brown, LLC.) Confidential Information
You represent and warrant to DailyDorm.com (Waldron & Brown, LLC.) that (a) you are not a competitor of DailyDorm.com (Waldron & Brown, LLC.), (b) you shall keep publicly unannounced information and materials pertaining DailyDorm.com (Waldron & Brown, LLC.) Services, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the DailyDorm.com (Waldron & Brown, LLC.) Web site or use of DailyDorm.com (Waldron & Brown, LLC.) Services to compete with DailyDorm.com (Waldron & Brown, LLC.) in its business.

14.7 Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.

ADDITIONAL INFORMATION
Any questions relating to our Legal Agreements and Policies may be directed to legal@dailydorm.com.
 




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