Terms of Use

TERMS OF USE

Version 1.0

 Effective January 15, 2015

GENERAL

These Terms of Use (the “Terms”) Sweaty Eskimo, LLC, a California limited liability company (“Sweaty Eskimo”, “us”, “we” or “our”), constitute a binding legal agreement between you and Sweaty Eskimoand govern your use of our services and website (the “Services”). Our free website is located at http://www.todaysinfo.net (such website, together with all subdomains related thereto, the “Site”).

By using the Services you agree to be bound by these Terms and our privacy policy at: http://www.todaysinfo.net/privacy-policy/ (the “Privacy Policy”). If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

If you do not wish to be bound by these Terms and the Privacy Policy, you must leave this Site immediately. Any use of the Services is considered as acceptance of the terms and conditions set forth in these Terms and the Privacy Policy.

AGE RESTRICTION

You may not use our Services if you are not at least 18 years old. If you are under 18 years old, please leave the Site immediately. By using our Services you are representing to us that you are at least 18 years old.

AMENDMENTS/CHANGES TO TERMS

We may revise these Terms from time to time and the most current version will always be posted on our Site at: http://www.todaysinfo.net/terms-of-use. Please check our Site regularly for the most recent version of these Terms. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

 

PROHIBITED USE OF THE SERVICES

You agree not to misuse the Services. Without limiting the general statement in the previous sentence, you must not, and must not attempt to, use the Services to do the following things:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, or Sweaty Eskimo’s (or our service providers’) computer systems;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • plant malware or otherwise use the Services to distribute malware; access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • publish anything that is fraudulent, misleading, or infringes another’s rights;
  • promote or advertise products or services other than your own without appropriate authorization;
  • impersonate or misrepresent your affiliation with any person or entity;
  • publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • violate the law in any way, or to violate the privacy of others, or to defame others.

THIRD PARTY WEBSITES AND SERVICES

This Site may contain links to other websites owned by third parties. Your use of such websites is at your own risk and is subject to the terms of those websites. Sweaty Eskimo has no control over websites that are not ours, and we are not responsible for any changes to or content on them. We assume no responsibility for the content of or services offered by linked third party websites, and make no representations regarding the accuracy of the materials on such websites. Statements made on third party websites linked to or from this Site reflect only the views of their authors and not of Sweaty Eskimo. Inclusion on the Site of any third party content or a link to a third party website is not an endorsement of that content or third party website, or any products or services offered thereon.

SWEATY ESKIMO PROPERTY

These Terms do not grant you any right, title, or interest in the Services, any software provided by us, or the content in the Services, all of which you acknowledge and agree is owned exclusively by us and/or our licensors. You agree that we may use any feedback, comments, or suggestions you send us or post in our forums or otherwise via our Site without any obligation to you. The software and other technology we use to provide the Services are protected by patent, copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use any Sweaty Eskimo trademarks, logos, domain names, or other brand features.

COPYRIGHT INFRINGEMENT

If you believe that your content has been copied and posted in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sweaty Eskimo’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) with the following written information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located within the Services; (4) Your address, telephone number, and e-mail address; (5) A 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; (6) 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.

Sweaty Eskimo’s Agent can be reached as follows:

Sweaty Eskimo Copyright Agent

340 South Lemon Avenue, Suite 7678

Walnut, CA 91789

DISCLAIMERS

THE SERVICES (INCLUDING THE SITE AND ALL CONTENT ACCESSED ON OR THROUGH THE SITE) ARE PROVIDED “AS IS” AND AT YOUR OWN RISK AND SWEATY ESKIMO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,

  • SWEATY ESKIMO DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION FOUND ON OR THROUGH THE SITE AND ANY DATA ACCESSED WHILE USING THE SITE IS AT YOUR SOLE RISK;
  • SWEATY ESKIMO DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM;
  • SWEATY ESKIMO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE;

Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

LIABILITY LIMITATIONS

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWEATY ESKIMO, OR ITS AFFILIATES, OFFICERS, MANAGERS, DIRECTORS, MEMBERS, STOCKHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS OR LI CENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A)ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SWEATY ESKIMO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OF MORE THAN $10.00 UNITED STATES DOLLARS. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold Sweaty Eskimo (and its officers, managers, members, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your violation of these Terms; or (iii) your violation of applicable laws or regulations. Sweaty Eskimo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sweaty Eskimo. Sweaty Eskimo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

MISCELLANEOUS

These Terms and the use of the Services will be governed by California law except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Services must be litigated exclusively in the federal or state courts of San Diego County, California, and both parties consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and Sweaty Eskimo with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. In the event of any dispute with respect to the subject matter of these Terms, the prevailing party shall be entitled to all of its costs and expenses, including reasonable attorneys’ fees and costs, incurred in resolving or settling the dispute, which costs and expenses shall be in addition to any other damages to which the prevailing party may be entitled.These Terms create no third party beneficiary rights. Sweaty Eskimo’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Sweaty Eskimo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Sweaty Eskimo and you are not legal partners or agents; instead, our relationship is that of independent contractors.Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Services must be filed within one year after such claim or cause of action arose.It is the express wish of the parties that the Terms and all related documents have been drawn up in English

If you have questions about these Terms or want to contact us, please send an email to support@todaysinfo.net