Agreement between User and DD24/7
PART I: General Terms and Conditions
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of DD24/7 and/or its third-party providers including, without limitation, any partners that provide information or other services through this Site ("Providers"). Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
"DD24/7", "dd247.com", and any and all other marks appearing on this Site are trademarks of DD24/7 in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without DD24/7's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. DD24/7 reserves to right to prohibit the use of Service Marks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by DD24/7 in writing.
This Site is intended for personal, noncommercial use. You may not use robots or other automated means to access this Site, unless specifically permitted by DD24/7. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without DD24/7's prior written consent is prohibited.
Unless a Provider has agreed otherwise, all products, services, advice, predictions, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) that a User will receive the lowest available price for goods and/or services available through this Site, (ii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer, retailer web site or retailer location, (iii) that use of this Site and all software, products or services associated with this Site will be error free, (iv) regarding the results that may be obtained or experienced from the use of this Site or information or predictions from this Site, (v) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice, predictions or merchandise provided or available through this Site, or (vi) regarding the performance or non-performance of this Site. You expressly agree that the use of this Site is at your sole risk.
General Limitation of Liability
IN NO EVENT SHALL DD24/7, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND/OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with this Agreement or for any Provider's failure to comply with applicable federal, state, provincial and local law.
Some states, to the extent their law might be deemed to apply, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of DD24/7 and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
If you chose to opt in to receive promotional or information emails from DD24/7, we may occasionally send advertisements, marketing material or other offers on behalf of other businesses that we think might be of interest to you. This material is sent by DD24/7, and we do not give the other businesses your name or address. If you do not want to receive these advertisements, marketing material or other offers, please opt out of these communications by contacting DD24/7 administrators.
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The internal laws of the State of Arizona shall govern the performance of this Agreement.
- November 28, 2011: First publication