Effective Date: 09/22/18
We, [TheDailyPBJ.Com LLC] (the “Operator” or “Operators”), provide of TheDailyPBJ.com (the “Website”) as a public service to you (the “User” or “Users”).
Please carefully review the following basic rules that govern use of the Website by Users. Please note that use of the Website by Users constitutes the unconditional agreement by Users to follow and be bound by these Terms and Conditions of Use (“TCU”). If Users do not agree to them, do not use the Website, provide any materials to the Website or download any materials from the Website.
The Operator reserves the right to update or modify the TCU at any time without prior notice to Users. Use of the Website by Users following any such change constitutes the unconditional agreement by Users to follow and be bound by the TCU as changed. For this reason, the Operators encourage Users to review the TCU upon each use of the Website.
The TCU apply to the use of the Website and do not extend to any linked third-party sites. The TCU and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between Users and the Operators with respect to the Website. Any rights not expressly granted herein are reserved.
Permitted and Prohibited Uses
Use of the Website is for the sole purpose of sharing and exchanging ideas with other Users. Users may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
Users may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations the User may have.
Users may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
Users are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Users are expressly prohibited from compiling and using other users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
Users also are expressly prohibited from distributing other users’ personal information to third-party parties for marketing purposes. The Operator shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of the TCU, and The Operator reserves the right to terminate or suspend your access to and use of the Website and to suspend or revoke your subscription or membership without refund of any subscription or membership fees or dues paid.
The Operator notes that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operator reserves the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and The Operator will fully cooperate with any authorities investigating violations of these laws.
User Submissions
Please refer to the Website’s separate Submission Terms and Conditions of Use.
User Discussion Lists and Forums
The Operator may, but is not obligated to, monitor or review any areas on the Website where Users transmit or post communications or communicate solely with each other, including but not limited to user comments, forums and email lists, and the content of any such communications. The Operator, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operator may edit or remove content on the Website at their discretion at any time.
Use of Personally Identifiable Information
Information submitted to the Website is governed according to The Operator’s current Privacy Policy and the stated license of this website.
Users agree to provide true, accurate, current, and complete information when registering with the Website. It the Users’ responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If Users provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate the Users’ account without notice and to refuse any and all current and future use of the Website.
Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, Users may need to sign on as a guest or register as a member. If a User creates an account on the Website, User may be asked to supply Users’ name, address, a User ID and password. User is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur in connection with Users’ password or account. User agrees to immediately notify The Operator of any unauthorized use of either Users’ password or account or any other breach of security. User further agrees that User will not permit others, including those whose accounts have been terminated, to access the Website using Users’ account or User ID. User grants The Operator and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use Users’ information in connection with the operation of the Website and in the provision of services to you. The Operator cannot and does not assume any responsibility or liability for any information User submits, or Users’ or third parties’ use or misuse of information transmitted or received using the Website. To learn more about how we protect the privacy of the personal information in Users’ account, please visit our Privacy Policy.
Indemnification
User agrees to defend, indemnify and hold harmless The Operator, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to Users’ use or misuse of the Website, including, without limitation, Users’ violation of the TCU, the infringement by User, or any other subscriber or user of Users’ account, of any intellectual property right or other right of any person or entity.
Termination
The TCU are effective until terminated by either party. If you no longer agree to be bound by the TCU, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operator reserves the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operator has reason to believe that you are in violation of the TCU.
WARRANTY DISCLAIMER
The website and associated materials are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, the Operator disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property. The Operator makes no representations or warranty that the website will meet your requirements, or that your use of the website will be uninterrupted, timely, secure, or error free; nor does the Operator make any representation or warranty as to the results that may be obtained from the use of the website. The Operator makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website.
In no event shall the Operator or any of its agents, vendors or suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use, misuse of or inability to use the website, even if the Operator has been advised of the possibility of such damages. This disclaimer constitutes an essential part of this agreement. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You understand and agree that any content downloaded or otherwise obtained through the use of the Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content. The Operator shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the website. Your participation in the Website is solely at your own risk. No advice or information, whether oral or written, obtained by you from the Website or through the Operator, their employees, or third parties shall create any warranty not expressly made herein. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk.
Liability Limitation
Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability or otherwise, shall the Operator or any of their agents, vendors or suppliers be liable to User or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website or for any breach of security associated with the transmission of sensitive information through the Website or for any information obtained through the Website, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the Operator has been advised of or should have known of the possibility of such damages.
The Operator’s total cumulative liability for any and all claims in connection with the Website will not exceed five U.S. Dollars ($5.00). User agrees and acknowledges that the foregoing limitations on liability are an essential basis of the bargain and that the Operator would not provide the Website absent such limitation.
General
The Website is hosted in the United States. The Operator makes no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operator to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operator’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These TCU set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials
The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Website offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operator reserves the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third-party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operator cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against The Operator with respect to such sites.
Notification of Possible Copyright Infringement
In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us