Terms of Service
2. Health Information. THE CONTENT CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, IMAGES, AND OTHER INFORMATION, WHETHER PROVIDED BY US OR BY REGISTERED MEMBERS ("MEMBERS") OF OUR SITE ("CONTENT"), IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. THE CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, THEN CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION ON THIS SITE, AND YOU SHOULD NOT USE THE CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. ADDITIONALLY, THE TRANSMISSION AND RECEIPT OF THE CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND DAILYSTRENGTH.
3. Your Account. In order to become a Member, you must create an account ("Account") by registering. During the registration process, you will also be asked to choose a username and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time and to notify DailyStrength immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all Content that is posted by or through your Account on the Site, including any e-mail, and for your interactions with any Member, or any user of our Site that has not set up an Account ("Visitor").
4. Groups. The DailyStrength Groups Service (the "Groups Service") enables Members to create and maintain their own Groups within the Site. A "Group" consists of a group of Members who elect to join a community created, moderated and maintained by another Member known as the "Founder". A Founder may designate one or more individuals ("Administrators") to act on Founder"s behalf. If a Founder creates a Group for, or on behalf of, a corporation or entity, you represent that you have the legal authority to do so and are deemed to have accepted the Terms on behalf of that entity, and the Terms will be binding upon the corporation or entity and any person which it permits to access and use the Groups Service in any way, including Administrators. Groups formed in violation of the Terms are prohibited and may be removed at DailyStrength's sole discretion including, without limitation, Groups that promote or link to commercial products or services, Groups that promote racist, hateful or abusive content, and Groups that violate the spirit of healing and wellness promoted by the Site. The Founder and/or its Administrators (i) shall post new Content and actively participate in the Group at least once every thirty (30) days; (ii) is solely responsible for all activity in the Group and agrees to hold DailyStrength harmless for the acts and omissions of the Founder and any Administrators, and shall notify DailyStrength upon changing the Founder; (iii) has the authority to add or remove Members and Content from the Group provided that the Founder must obtain a Member's consent in order to add a Member to the Group; (iv) may add links to other websites to the Group provided such links are functional and do not violate the Terms; (v) may contact members of the Group subject to the Terms and DailyStrength's policies and procedures; (vi) may not use the Group for the explicit purpose of archiving files; (vii) may not repurpose, transmit or repost Content from the Group without the express written consent of DailyStrength; (viii) may add its own advertising code to the Group provided such advertising does not violate the Terms provided the Founder has obtained the express written consent of DailyStrength; and (ix) grants to DailyStrength a non-exclusive, royalty-free license to reproduce and publicly display its trademarks, trade dress (including logos), and service marks for as long as the Group remains on the Site. Notwithstanding the foregoing, DailyStrength, in its sole discretion, has the right to (i) disallow the creation of and/or terminate any Group for any reason including inactivity or a Founder's failure to monitor the Group; (ii) remove Content, Members and links from any Group; and (iii) modify or cancel the Groups Service at any time and for any reason.
5. License to Content. We hereby grant you, subject to these Terms, a non-exclusive, limited and revocable license to view and use this Site. You may download Content only for your personal, informational, or non-commercial purposes but no alteration, modification or further reproduction is permitted. No other use or reproduction of the Content is authorized. In consideration of this authorization, you agree that any copy of the Content which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Content in whole or in part without our express written authorization.
6. License to Link. We hereby grant you, subject to these Terms, a non-exclusive, limited, and revocable license to link to this Site. You may not present the link to this Site in a way that associates this Site with advertising or creates an impression or inference that this Site endorses any organization, product, or service including, without limitation, the website displaying the link. Further, you agree that you will not misrepresent your relationship with DailyStrength, present false importation about DailyStrength, our products or services, or place a link to this Site on a website that that could be construed as, or that a reasonable person may consider, obscene, defamatory, harassing, grossly offensive, or malicious. We reserve the right to revoke this license generally, or the right to use specific links, at any time. If we revoke this license, you agree to remove and disable any and all of your links to this Site immediately.
7. Ownership. Content on this Site may be protected by copyright and other laws. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of DailyStrength or any third party. The trademarks, logos, trade dress and service marks ("Marks") displayed on the Site are the property of DailyStrength or other third parties. You are not permitted to use these Marks without the prior written consent of the party that owns the Mark. You hereby grant DailyStrength a nonexclusive, royalty-free license to use reproduce, distribute, publicly display, reformat and/or translate all Content that you upload to the Site.
7a. Open Source Content Certain items of content available on the Site are subject to ?open source? or ?free software? licenses (?Open Source Materials?). Some of the Open Source Materials are owned by third parties. The Open Source Materials are not subject to the terms and conditions of this agreement and instead are licensed under the terms of the applicable license that is referenced on the page displaying such Open Source Material. Nothing in this document limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Materials.8. Disclaimer of Warranties.
8.1 Site. DAILYSTRENGTH MAKES NO REPRESENTATION, WARRANTIES, OR ASSURANCES AS TO THE ACCURACY, CURRENCY, AVAILABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED IN THIS SITE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, DAILYSTRENGTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DAILYSTRENGTH MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8.3 Public Areas. If you use a public area of our Site, such as a chat room, bulletin board, or community, ("Public Area") you are solely responsible for your own communications, the consequences of posting these communications, and your reliance on any communications in the Public Area. DailyStrength is not responsible for the consequences of any communications in Public Areas. In cases where you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. If there is a dispute between you and any third party (including, without limitation, any Visitor or Member), DailyStrength is under no obligation to become involved.
8.4 Geographic Disclaimer. The Site is administered by DailyStrength from Los Angeles, CA and is intended for users who are US residents. Access to the Site and Content may not be legal for some persons or in some countries outside the US. If you elect to access and use the Site and Content from outside of the US, you do so at your own risk and are solely responsible for compiling with applicable laws and regulations.
9. Limitation of Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, DAILYSTRENGTH SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY CONTENT PROVIDED AT THIS SITE, AND IN NO EVENT SHALL DAILYSTRENGTH OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, WHETHER OR NOT DAILYSTRENGTH HAS BEEN ADVISED OF THE POSSIBILITY. YOU AGREE THAT DAILYSTRENGTH'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM, OR RELATING TO, THE SITE (INCLUDING, WITHOUT LIMITATION, ACCESS OR LACK OF ACCESS THERETO) IS LIMITED TO FIFTY US DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Advertising, Linking and Framing. This Site may provide links or references to, or advertisements for, sites operated by other parties ("Third Party Sites"), but DailyStrength has no responsibility for the availability or content of such Third Party Sites and shall not be liable for any damages or injury arising from that content. Any links to other Third Party Sites are provided as merely a convenience to the users of this Site and the inclusion of the links does not imply an endorsement. You agree that DailyStrength is not responsible for the content or performance of these Third Party Sites, including opinions, advice, statements and advertisements, that DailyStrength is not responsible for any loss or damage of any sort you may incur from dealing with any such third party, and that you bear all risks associated with the use of such content.
11. Acceptable Use and Conduct. The communities and newsgroup discussions on this Site are not guaranteed to be monitored for unacceptable use, nor will any statements made in communities and newsgroup discussions be authenticated or endorsed by us. It is not our intent to discourage Visitors or Members from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Content is being used to disseminate statements that are deeply and widely offensive and/or harmful.
11.1 "Prohibited Content" includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming," (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another person's Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from Users; (x) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (xiii) otherwise violates the terms of this Agreement or creates liability for us. You agree that you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of DailyStrength, exposes DailyStrength or any of its Visitors, Members or suppliers to any liability or detriment of any type. You represent and warrant that: (a) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in these Terms and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
11.2 Breach. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site and the licenses granted hereunder. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, Visitors and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
11.3 Enforcement by Us. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any Visitor, Member, or any other person, or create liability for us or any Visitor or Member. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the Prohibited Content from the Site (or modifying it), terminating your membership, reporting you to law enforcement authorities, and taking legal action against you. You understand and agree that DailyStrength is under no obligation to display, reproduce, or distribute the Content (including Prohibited Content) that you post.
11.4 Non-Commercial Use. The Site is for the personal use of Visitors and Members only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by our management. You will not engage in advertising to, or solicitation of, any Visitor or Member to buy or sell any products or services through the Site. In order to protect our Visitors and Members from such advertising or solicitation, we reserve the right to restrict the number of communications that a Member can send to other Visitors or Members and the sharing of any Content in any twenty-four (24) hour period to a number and amount that we deem appropriate in our sole discretion. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your account and the licenses granted hereunder.
11.5 No Disruption. You will not: (i) cover or obscure the banner advertisements on your account page, or any DailyStrength page via HTML/CSS, scripting, or any other means, if any, (ii) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site; (iii) without DailyStrength's express written permission, introduce software or automated agents to the Site so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Site; or (iv) interfere with, disrupt, or modify any data or equipment to manipulate the location-based functionality of the Site.
11.6 Miscellaneous. You agree that you will not attempt to impersonate another Visitor or Member, any member of DailyStrength's staff, or any of the Community Advisors. You will use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you will not disassemble, reverse engineer, analyze, decompile, modify, convert or translate the Site or any of its components.
13. Export Restrictions/Legal Compliance. You may not access, download, use or export the Site, content, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. By downloading or using the Site and its Contents, you represent and warrant that such download or use is not in violation of any such law.
14. Copyright Policy. It is our policy to terminate membership privileges of a Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: DailyStrength, Inc. Attn: Copyright Agent, e-mail: admin [@] dailystrength.org.
15. Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (i) any interactions with other Visitors and Members, (ii) any incorrect or inaccurate Content (including, without limitation, any information in Accounts) posted on the Site, whether caused by Visitors or Members or by any of the equipment or programming associated with or utilized in the Site, or (iii) conduct of any Visitor or Member.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
16. Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from your breach of any of these Terms.
17.1 Governing Law and Forum. All matters relating to your access to, and use of, the Site and these Terms shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state court located in San Mateo County , California and a federal court located in the Northern District of California and no other venue. You and DailyStrength agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
17.2 Severability. In the event that any term or condition of these Terms is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
17.3 Changes. DailyStrength reserves the right to change or discontinue the Content on the Site at any time, without notice, and with no liability to you.. We may modify these Terms from time to time and such modifications shall be effective: (1) upon posting by us on the Site for all Visitors and Members who first use the Site after the posting, or (2) thirty (30) days after posting by us on the Site, for all existing Members. If you do not agree to the modifications, you must cease your use of the Site.
Copyright/Trademark Information. Copyright © 2006-2009, DailyStrength. All rights reserved. The Marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information. If you have any questions regarding these Terms, please contact us.