1. Fees and Payment. (a) You shall be responsible for the payment to Provider of any fees due for provision of the Connect-Products, as listed on the Front Page”).and shall pay any sales, use or other local, state, federal, foreign or other taxes or governmental fees arising out of or in connection with this Contract, other than taxes based on Provider’s net income; (b) Provider may direct You to pay fees to such other person as Provider, in its sole discretion, may determine from time to time; and that only payment to such person shall constitute payment to the Provider; (c) Provider reserves the right to require You to pay a deposit upon signing of the Contract, but before any access to the Site or its services is activated, at a rate determined by the Provider; and that failure to pay such a deposit will result in the cancellation of this Agreement; (d)fees are payable within 30 days of the billing date(s), failure to pay fees within the 30 day period will result in interest at 1.8% per month being applied to any outstanding balance, and interest will continue to accrue each month until the account has been paid in full; (e)if fees and interest are not paid in full 60 days after the billing date, Your account may be placed with a debt collection agency or attorney and You will be responsible for payment of any damages, costs, fees (including reasonable attorney’s fees) or expenses incurred by the Provider in collection of outstanding fees and interest; (f) should You fail to pay any deposit, fee, tax or interest timely as called for above, Provider may terminate and cancel this Contract without further obligation to You; (g). Unless otherwise agreed in writing, all fees and charges incurred in connection with Your MaineToday Digital username and password will be billed to a credit card designated during the registration process for the Site or subsequently designated by You to Provider and if You want to designate a different card or there is a change in credit card validity or expiration date, or if You believe someone has accessed the Site using Your username and password without Your authorization, You may email us at support@MaineTodayDigital.com; (h) You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service, YOU, AND NOT Provider , ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU; (i) Your subscription will continue and renew automatically in the absence of a termination date, unless terminated by Provider or until You notify Provider by email to support@MaineTodayDigital.com (or otherwise instructed on the Site) of Your decision to terminate Your subscription; (j). Unless otherwise agreed in writing the annual, monthly, or similar periodic fees applicable to Your subscription are those periodically set forth on our website, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by You to Provider; (k) payment will be made at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins; (l) You will pay or have paid all fees and charges incurred in connection with Your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred; and all fees and charges are nonrefundable; and (m) Provider may change the fees and charges then in effect, or add new fees or charges, by giving You notice thirty (30) days in advance.
2. Username/Password. (a) As part of the subscription process for this Site, You have selected or been assigned a particular username and password in accordance with Provider’s username and password guidelines which are expressly incorporated in to this Agreement by reference; (b) YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD; (c) You agree that all actions taken by You, or any other user that accesses the Site using Your username and password, at or through the Site will be attributed to and legally bind You, even with respect to acts for which the user had no actual authority or made an error; (d). You assume all resulting liability from use of the Site and any services available on it by You or others using Your username or password, and (e) if You lose Your username or password, You will contact Us at: support@MaineTodayDigital.com.
3. Warranty Disclaimer/Liability Limitation. (a.) . SERVICES FOUND WITHIN OR PROVIDED AT THIS SITE BY PROVIDER AND ITS AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND PROVIDER AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROVIDER DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (i) AVAILABILITY OF THE SITES AT ANY PARTICULAR TIME; (ii) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITES; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITES; (iii) FUNCTIONALITY; (iv) LACK OF VIRUSES; (v) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (vi) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; b.). IN NO EVENT WILL PROVIDER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.; c) IN NO EVENT WILL PROVIDER OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY PROVIDER FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO MY CLAIM.
4. Customer Materials. (a) You must supply any information, media, photos, emblems, logos, graphics, etc. (“Materials”) that will be used in the products; (b) that Materials supplied by You to the Provider must be copies, duplicates and other such material for which return is not required; and c)the Provider is not responsible for the return (or failure to return) of any Materials supplied by You, or for any loss incurred thereby.
5. Customer Warranties. You warrant that (a) You possess the legal right and ability to enter into this Agreement; (b) by entering this Agreement and using the Sites as contemplated hereby, You are not breaching obligations to any third party, (c) You possess the legal right to use any information, materials, or media of whatever kind and description which You place on the Sites (d) all information submitted by You to the Sites will be true and accurate; (e) You will be responsible for all use of Your username and password even if such use was conducted without Your authority or permission; (f) You are at least 18 years old; and (g) You will not use the Sites for any purpose that is unlawful or prohibited by this Agreement.
6. General. (a) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.(b) 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, (c) no joint venture, partnership, employment or agency relationship exists between You and Provider or its affiliates as a result of this Agreement or Your use of the Products or Sites, (d) this Agreement is governed by and shall be construed in accordance with the laws of the State of Maine,USA without regard to its principles of conflicts of law, and any legal actions seeking to enforce rights and obligations of the parties hereunder must be brought in the state or federal courts within Cumberland County Maine (e) the Customer may not assign or transfer this Agreement or any rights or obligation hereunder without the prior written consent of the Provider (f) Provider shall not be liable for, and is excused from, any failure or delay in performance that is due to acts of God, acts of civil or military authority, acts of the public enemy, war or threats of war, acts of terrorism, accidents, fires, explosions, earthquakes, floods, hurricanes, unusually severe weather, epidemics, or due to any other cause beyond its reasonable control, (g) This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and it supersedes all prior and/or contemporaneous oral and written agreements, understandings, and/or representations thereto, (h) notwithstanding any purchase orders or similar documents submitted by the You to the Provider only the terms of this Agreement shall apply, and (i) no term of this Agreement may be waived by Provider except in a non-electronic writing signed by an authorized representative of Provider or an electronic notice originated and signed by an authorized representative of Provider.
7. Variation/Termination. Provider may at any time on giving 30 day electronic notice to You vary these Terms, or terminate this Agreement for any reason or no reason.
9. User Conduct. (a) the Sites may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services”) designed to enable You to communicate with others. (b). You shall use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service; (c) You shall refrain from submitting to, posting or transmitting through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, 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 or any content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”, and (d) You will not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of Your posted content.
10. Third Party Content. (a) any opinion, advice, statement, service, offer, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Provider nor its affiliates, nor any of their officers, directors, employees, or agents (b) Provider does not pre-screen any content, but that Provider and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via the Communication Services and, without limiting the foregoing, Provider and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable (c) You do not and will not hold Provider responsible for any content sent using and/or included in the Site by any third party.
11. Intellectual Property Rights and Restrictions. You understand and agree (a) the Sites contain proprietary information, materials and media belonging to Provider and/or its suppliers (collectively “Materials”) which is protected by copyright and other laws respecting proprietary rights; (b) Provider and its suppliers retain all rights in the Materials, including (without limitation) all patent, trademark, copyright and other proprietary rights worldwide in all media; (c) You may only use Materials as expressly permitted under this Agreement; (d) if authorized You may access Materials for individual use, i.e., may view the information on screen, download small portions of the information to a computer disk for personal convenience and later reference and print paper copies of small portions for personal use only, but may not routinely and/or systematically redistribute all or any portion of the Materials; (d) You may not and may not permit others to (i) reproduce, publish, distribute, sell, or otherwise access or use any Materials retrieved from or contained in or on the Sites in any manner whatsoever that may infringe or dilute any copyright or proprietary interest of Provider, (ii) distribute the Materials contained in and/on this Site to other users not duly authorized to Access the Site, (iii) distribute, rent, sublicense, lease, transfer or assign the Materials or Agreement, (iv) decompile, disassemble, or otherwise reverse-engineer this Site or Material contained in or on this Site or any software contained therein, (v) alter, translate, modify, or adapt Materials to create derivative works, or (vi) place or install any portion of the Material on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization from Provider; (g) any use of Materials not authorized, by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
12. Remedies for Misuse. You acknowledge and agree (a) the Materials are highly proprietary in nature and that unauthorized copying, transfer or use may cause Provider and/or Provider’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages; (b) any unauthorized copying, transfer or use by You or Your employees, officers, directors or agents is a breach of this Agreement provision end-user, may be enforced by Provider, and/or any of Provider’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies; (c) any supplier of any portion of the Materials may enforce its rights against You, even though that supplier is not a party to this Agreement; and .If You breach any provision of this Agreement, Provider may immediately terminate this Agreement and all rights and licenses granted hereunder without prior notice and in addition to any other available rights and remedies.
13. Limitations on Use of Sites. You agree not to (a) use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality; (b). take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; (c) use any email addresses appearing on the Site for purposes not relating specifically to the Site; (d) access the Site by any means other than through the interface that is provided by Provider , or attempt or access any area of the Site to which Your access is not authorized; or (e). reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site.
14. Accuracy and Availability of Information. You understand and agree (a) the Site contains database information and other content compiled by Provider; (b) while we use commercially reasonable efforts to provide accurate information, we give no warranty as to the accuracy of the database and other content on the Sites; and (c) we reserve the right to withdraw or delete information or content from the Sites at any time.
15. Links to Third Party Sites. You understand and agree (a) Provider does not endorse the content on any third-party Web site, including Web sites of Provider’s affiliates (“Third-Party Sites”); (b) Provider is not responsible for the content of Third-Party Sites that You reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy; (c) Your use of Third-Party Sites is at Your own risk and subject to the terms and conditions for use and privacy policies for such sites; (d) any transaction that You conduct at a Third-Party site will be between You and the party providing that Web site and Provider is not Your agent and is not a party to any transaction at a Third-Party Site.
16. Consent to Electronic Notices and Other Communications. You agree that (a) all of Your transactions relating to the Sites may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing” (e.g. we may send You notice via postings at the Site or via email to any email address that You provide to us during registration as a Site member); (b) if You do not wish to deal with us electronically, You should not use the Site or enter into this Agreement; (c) if applicable law now or later requires us to communicate with You non-electronically, we reserve the right to charge a fee for doing so; (d) notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid; and (e) we, in the alternative, may give You notice to the address provided during registration by regular post (deemed received 3 days from delivery to post office) or overnight mail (deemed received one day from delivery to carrier) .
17. Print a Copy for Your Records. You agree (a) to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in Your records, and (b) to make a copy of any other information that we deliver to You in writing.