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Daniel Project Disclaimer

Please note that this site is under constant development. New services are added frequently and this agreement may therefore be modified in the near future. It is important to check back to this page the next time you visit.

General Rules

Your access to and use of THE DANIEL PROJECT and all products and services of The Daniel Project, regardless of media, is subject to the terms, conditions and disclaimers set forth below and from time to time throughout THE DANIEL PROJECT, to our Online Privacy Policy, and to all applicable laws and regulations. In addition, The Daniel Project reserves the right to terminate access to THE DANIEL PROJECT for any reason, and to take any other actions that The Daniel Project, in its sole discretion, believes to be in the interest of the company and of its users and customers as a whole. The Daniel Project reserves the right to modify these disclaimers, terms and conditions of access, without advance notice.

This is a binding contract between The Daniel Project and you. By your acceptance of this agreement and use of THE DANIEL PROJECT, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with The Daniel Project including your login and user profile.

Access and Passwords

Access to THE DANIEL PROJECT is provided free of charge and does not create a professional services relationship or any other relationship with The Daniel Project. Access to many pages on THE DANIEL PROJECT is limited to registered users, who are issued user names and passwords. Use of any password-protected area of THE DANIEL PROJECT is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to The Daniel Project resulting from the distribution of his or her password.

You are responsible for maintaining the confidentiality of your password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to notify The Daniel Project immediately of any unauthorized use of your registration or password.

License and Termination

Your access to THE DANIEL PROJECT is licensed to you, not sold. This license immediately terminates upon your breach of this agreement and, in addition, The Daniel Project may terminate the license immediately at any time, at will and for the convenience of The Daniel Project. If you do not abide by the disclaimers, terms, or conditions herein, you are not authorized to use THE DANIEL PROJECT.

THE DANIEL PROJECT may be used only by you, and you may not rent, lend, sub-license, or transfer THE DANIEL PROJECT or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of THE DANIEL PROJECT. You may not transfer to or store any data residing or exchanged over THE DANIEL PROJECT in any electronic network for use by more than one user unless you obtain prior written permission from The Daniel Project.

For any images, text, data or other information (referred to here as “Content”) you submit to The Daniel Project, including profile information, forum pages, book reviews and articles, you warrant that you own the right to utilize, to license and to sublicense the Content and you grant to The Daniel Project a non-exclusive, worldwide, paid-up and royalty-free perpetual license, including right of sublicense, to use, display, distribute, perform, reproduce in whole or in part, modify and create derivative works from the Content, in any media.

Intellectual Property

The Daniel Project and THE DANIEL PROJECT, and all other text and images contained on THE DANIEL PROJECT and in The Daniel Project’s products are protected by United States trademark and copyright law and other applicable law and are the property of The Daniel Project, except as otherwise identified. All copyrights and trademarks not the property of The Daniel Project that are used or referred to in THE DANIEL PROJECT and The Daniel Project’s products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of The Daniel Project or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.

The Daniel Project’s products, including materials on the site, may not be modified, reproduced or displayed for any commercial or public purpose without specific written permission from The Daniel Project.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of THE DANIEL PROJECT, and you agree not to engage in unacceptable use of THE DANIEL PROJECT, which includes, without limitation, use of THE DANIEL PROJECT to:

·Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;

·Disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including The Daniel Project;

·Disseminate any material, non-public information about companies without the authorization to do so;

·Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;

·Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market;

·Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on THE DANIEL PROJECT or any other computer network;

·Print out or otherwise copy or use any personally identifiable information about other users;

·Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;

·Express or imply that any statements you make are endorsed by us;

·Restrict or inhibit any other visitor or user from using THE DANIEL PROJECT, including, without limitation, by means of “hacking” or defacing any portion of THE DANIEL PROJECT;

·Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of THE DANIEL PROJECT;

·Remove any copyright, trademark or other proprietary rights notices contained in THE DANIEL PROJECT;

·”Frame” or “mirror” any part of THE DANIEL PROJECT; and/or

·Engage in any other activity deemed by The Daniel Project to be in conflict with the spirit or intent of this agreement.

You understand that by using THE DANIEL PROJECT, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of The Daniel Project. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. THE DANIEL PROJECT and third parties may provide links to web pages, web sites, and various resources or locations on the web. The Daniel Project has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

If you believe in good faith that your copyrighted work has been reproduced on THE DANIEL PROJECT without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to David Litwin, General Manager, The Daniel Project, 1205 Kilrush Drive, Franklin, TN 370969, or by e-mail. Any personal information you provide in your mail or email will be used only for purposes related to your mail or email. If you are aware of any communication in a chat room or forum on THE DANIEL PROJECT that is unlawful, infringes the property rights of The Daniel Project, a user, or a third party, or otherwise fails to conform to these Terms of Service, please send an e-mail notification with the subject “Inappropriate Use” to online@danielproject.org.

The Daniel Project does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into any of our member forums or posting areas or any other part of THE DANIEL PROJECT, except that (i) The Daniel Project may consolidate and edit for clarity any Content posted to chat rooms or online forums, (ii) The Daniel Project may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) The Daniel Project reserves the right to monitor THE DANIEL PROJECT and to remove any information that The Daniel Project, in its sole discretion, considers to be inappropriate or unlawful. The exercise of such rights shall not create an obligation for The Daniel Project to monitor, screen or edit Content on THE DANIEL PROJECT in any way.

Please note that, because The Daniel Project and its designees host message boards, reviews and feedback areas and other forums found on THE DANIEL PROJECT (collectively, described as the “Forums”) and, therefore, redistribute materials you give to us, The Daniel Project requires certain rights in those materials. Accordingly, by sending or transmitting to The Daniel Project creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of THE DANIEL PROJECT, you grant The Daniel Project and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of The Daniel Project and The Daniel Project will not be liable for any use or disclosure of any Submissions.

Forums

The Forums are designed to permit you to share your ideas and opinions. Information on the Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. The Daniel Project neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on THE DANIEL PROJECT or Forums by third parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of The Daniel Project. The Daniel Project is not responsible for any errors or omissions in postings in the Forums, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will The Daniel Project or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through THE DANIEL PROJECT or the Forums.

We have no obligation to monitor the Forums, or any Submissions or other materials that you or other third parties transmit or post on the Forums. You acknowledge and agree that The Daniel Project has the right (but not the obligation) to monitor the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate THE DANIEL PROJECT properly; to protect ourselves, and our visitors; and to comply with legal obligations or governmental requests.

Additional terms applicable specifically to the Forums are incorporated here by reference, and can be found in full here.

Limitation of Liability and Use

The Daniel Project has worked to ensure the accuracy of the information it provides through its products and services, including through THE DANIEL PROJECT. This information frequently relies on data obtained from many sources, however, and The Daniel Project cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF THE DANIEL PROJECT’S PRODUCTS AND SERVICES, INCLUDING THE DANIEL PROJECT, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND THE DANIEL PROJECT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DANIEL PROJECT DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE DANIEL PROJECT OR FROM THE DANIEL PROJECT, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM THE DANIEL PROJECT NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE DANIEL PROJECT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER THE DANIEL PROJECT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold The Daniel Project, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of these Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to THE DANIEL PROJECT e infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or© your activities in connection with THE DANIEL PROJECT.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against The Daniel Project based in any way on its products or services, including THE DANIEL PROJECT, you agree that, in the event you do not prevail or The Daniel Project does prevail, you will reimburse The Daniel Project for any costs and attorneys fees associated with their defense of the action.

The use of THE DANIEL PROJECT and any claim or dispute relating to THE DANIEL PROJECT shall be governed by the laws of Tennessee, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the state of Tennessee. Use of THE DANIEL PROJECT is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph.

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Termination

This agreement may be terminated by either party for any reason at any time. The sections on Intellectual Property, Limitation of Liability and Use, Indemnification and Choice of Law shall survive such termination.

BY CONTINUING TO USE THE DANIEL PROJECT, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

This Terms of Service was last updated effective April 23, 2007.