November 7, 2009

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Terms and Conditions of Use
[revised 5.22.08]

The terms and conditions in this disclaimer (the “Agreement”) outline the rules of the use of the site at www.calendardate.com (the "Site", “We”, “Us”) by Site Users (“You”, “Your”, “Site User”). By accessing, browsing and/or using this Site, You agree that you have read, understood and agree to be bound by the Agreement each and every time You use the Site and this applies to any form of entry into the Site. If this is is not acceptable to You or You do not agree to be bound by the Agreement the only alternative is to not use the Site and its Services.

Services
The Site provides information about calendars, time, dates, calculations, specific occurrences, as well as an online calendar that Site Users may have access to (collectively the “Service” or “Services”). The online calendar does require registration and You agree to keep said information reasonably current and up-to-date following registration by the means made available. This calendar service is available at a cost of 29.95 to You and You agree to make payment on a yearly basis either billed to your credit card or by electronic check submitted for the plan option chosen.

Modifications
The Site may modify, append or update any content, Services, rules, systems or operating procedures along with any portion of this Agreement from time to time without notice to You. It is recommended that You periodically review the Site to remain current with these modifications. Your continued use of the Site following any modifications will constitute binding acceptance of the modification.

You understand that Your use of the online calendar may be discontinued if payment is not received when due by the end of the renewal period for the plan type chosen.. The Site retains the right to disable, suspend or cease the Service to You including the onloine calendar at its sole discretion and without notice to You. Also the Site will not be liable to You or to any third party for any modifications to, or termination, either temporarily or permanently of Your use of the Services.

Site Use and Data
The Site User understands that javascript must be enabled and certain browser versions installed for the proper functioning of the Site and its Services. In reference to the online calendar, You understand that the number of entries for Your online calendar has a threshold of 500 entries. Althought Site will make reasonable efforts for backup and Storage of data, You acknowledge and agree that the Site and its providers will not be held liable for backup and storage of data for any Site User. Site User will consult online help file(s) prior to contacting Site support and any support provided will be at Site’s discretion..

The Site does have the right to remove, delete, alter or edit Site Users information and also to prohibit access at its sole discretion without recourse by You. The Site is not required to give notice before any Service, including personal calendar information is removed or disabled.

Usernames and Passwords
Usernames and passwords are issued solely to the Site User requesting them. You agree to not share such username and password to any other person or third party and are responsible for such uses. You agree to inform Site of any unauthorized use of Your username and password. In absolutely no event will the Site be liable for unauthorized use or misuse of any Site User’s username and password.

Communications
When registering and updating your information you agree to provide the Site with valid contact information, that includes for email address and to notify the Site when such information changes. By registering with the Site, You agree to receive all communications from the Site whether written, by telephone or electronic form including letter, email, telephone and facsimile transmission, and which may pertain to any of the Services we provide. Communications may also be made by representatives of the Site.

Privacy Policy
Calendar Date.com values and is committed to privacy. While providing the Service, Your content and information will be accessed only when necessary for; administering the Site and its Services, to comply with this Agreement, to cooperate with local law and legal authorities or processes or to investigate claims of violations to this Agreement or to other third parties.

While You visit the Site, the Site may monitor traffic, statistics and collect and gather information. This is intended to better gauge Site User interests, to streamline the experience, to balance the server load and to achieve a more efficient management of the Site in order too make it more useful.

Your internet provider (IP) address may be recorded for security purposes such as for resolving technical issues or for administering the ongoing operations of the Site.
In additions, cookies may be employed for “sessions” to occur which the normal operation of the Site requires.

Third parties may be placing and reading cookies on Your browser, or using web beacons for collecting information, in the course of ads being served on this Site.

In order to manage or disable cookies with Internet Explorer 6 see:

Tools > Internet Options > Privacy tab

To manage or disable cookies on another browser, see your browser options or the browsers' website for more information.


Resale and Assignability
We reserve the right to assign or transfer this Agreement or any right or obligation under this Agreement automatically without Your consent, such as in the event of a merger or acquisition or otherwise. You may not to reproduce, copy, duplicate, sell, disseminate, or exploit any portion of the Site, it’s content or Services or any means of access to the Site or Services with the exception of printing online calendars.

Links to Other Sites
Third party links may be contained within the Site. Since these links are provided as a matter of convenience, the Site does not endorse, sponsor, guarantee, make warranties or representations whatsoever, either expressed or implied, and is not responsible for the content and accuracy on such third or other party sites that are arrived at by way of link or other means.

Acceptable Site Use
General Use: Site User may not use the Site in order to transmit, distribute, store or destroy material in violation of any applicable law, statue, ordinance or regulation or in a way or manner that will infringe the copyright, trademark right, trade secrets or any intellectual property rights of the Site or any third party. Site User may not post information on any others’ behalf that will violate the privacy, publicity, personal or proprietary rights of others or that is political, defamatory, libelous, abusive, lewd, pornographic, obscene, vulgar, threatening, harassing, or that is racially, ethnically, or otherwise objectionable. The Site User will not provide or post information that it knows to be incomplete, false, misleading, inaccurate, impersonating or not Your own.

Security Rules: You are strictly prohibited from violating or attempting to violate the security of the Site including without limitation attempts to the following:


  • access information or data not intended for You, or not assigned
    Your username or password

  • breach any parties’ Site User authentication

  • promote violence or contain hate speech

  • upload, post, submit or transmit any information or content as an offer to sell goods or services, any chain letters or spam or that contains viruses, trojan horses, worms, time bombs or mail bombs, cancelbots or other similar harmful programming routines or routines that may probe, scan, monitor, test vulnerability, interrupt, destroy or limit the functionality or place an unreasonable or disproportionately large load or overload on the network infrastructure.


    Any such violation to security may result in civil or criminal liability. The Site will cooperate with law enforcement authorities in prosecuting such violations.

    Site User agrees that Site is not responsible or liable for the screening of content or data being presented by its Services.

    Idemnification
    You agree to defend, idemnify and hold harmless the Site, its employees, representatives, agents and officers, from and against any and all liability, claims, losses, damages, injuries and expenses, including without limitation reasonable attorney and accounting fees, arising out of or in connection with Your use or any use or alleged use of the Site or its Services and any matter related to this Agreement and the content it incorporates.

    Disclaimer of Warranties; Limitation of Liability
    The Site does not recommend, screen or endorse any information and will not be held liable for the validity, truthfulness, accuracy or reliability of information regardless of type or source which includes information supplied by Site Users. ALL SITE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED ON AN 'AS IS' and 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    YOU EXPRESSLY AGREE NOT TO RELY EXCUSIVELY ON THE INFORMATION PROVIDED BY THE SITE, REGARDLESS OF PURPOSE OR REASON, AND WILL HOLD THE SITE HARMLESS FOR ANY DAMAGES INCURRED WHETHER FOR ACTUAL, SPECIAL, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THIS INFORMATION. ADDITIONALLY THE SITE ASSUMES NO RESPONSIBILITY FOR LOSSES DUE TO ERRORS OR OMMISSIONS, DOWNTIME, OR ANY LOSSES WHATSOEVER EVEN IF ADVISED OR GIVEN PRIOR NOTICE OF SUCH LOSS. AlSO, NO INFORMATION OR ADVICE EITHER ORAL OR WRITTEN OBTAINED BY YOU FROM US SHALL CREATE ANY FORM OF WARRANTY.

    Site Users are encouraged to exercise caution when accessing and using the Site. You expressly agree to use the Site and its Services solely at your own discretion and risk and assume any and all responsibility as a result of doing so. You acknowledge that You are solely responsible for any and all information or postings to the Site as well as for any loss, liability, damage or costs You may suffer as a result of Your use of the Site which includes any and all damages due to interruption of business or personal expenses or loss of profit or revenue, which may or may not be caused by loss or alteration of data.

    The Site does not warrant that the Site will operate uninterrupted or error free. You understand that inaccuracies, typographical errors and omissions are likely to occur throughout the Site for which the Site is not held liable. The Site does not warrant the performance, accuracy and reliability of its Services.THE SITE WILL NOT BE HELD LIABLE FOR ANY COST OR DAMAGE ARISNG IN CONNECTION WITH OR RELATIONSHIP TO THE USE OF THE SITE OR ANY THIRD PARTY SITE, WHETHER CAUSED DIRECTLY OR INDIRECTLY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OF DATA, LOSS OF PROFITS, LOSS DUE TO DAMAGE AND RELATED COSTS TO REPLACE OR REPAIR COMPUTER AND EQUIPMENT SYSTEMS REGARDLESS OF CAUSE, SUCH AS FROM DOWNTIME OR DOWNLOAD OR FROM VIRUS OR SIMILAR CONTAMINATION OR DESCRUCTIVE FEATURES.

    The Site’s total cumulative liability to You or anyone who uses the Site or for any and all claims under any theory of law in any circumstance (including negligence) will not exceed $1.00. You agree that regardless of any statute or law to the contrary, any cause of action or claim arising out of or with respect to the Service must be filed within one(1) year after the claim or cause of action arises or be forever barred.

    Some states do not allow exclusion of implied warranties, or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, the liability of the Site, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

    Intellectual Property
    The Site User acknowledges and agrees that Site contents, including but not limited to text, graphics and other material and information being presented through the Service is protected by copyrights, trademarks, service marks, and other proprietary rights and laws that may belong to either the content provider of this Service or to other parties. You agree that you gain no title or interest whatsoever, either directly or indirectly, in any trademark, copyright or intellectual property rights as a result of Your use the Site.

    If you send any creative ideas, concepts, suggestions, drawings, information, or materials (collectively the "Ideas") to the Site in printed form, electronic means or otherwise, the Ideas shall be deemed to be the property of the Site and shall not be subject to any obligations of confidence, non-disclosure, or non-usage. The Site is hereby entitled to unrestricted usage of the Ideas on a worldwide bases without compensation to the provider of the Ideas.

    You grant to the Site a non-exclusive license to utilize Your corporate, service and trade names, domain name(s), and organization names and logos and company names and logos submitted to the Site. This license shall terminate upon the expiration of Your use of the Site within a reasonable period of time.

    Headings, Severability

    Headings used in this Agreement are for convenience only and have no effect on the meaning or construction of the Agreement. If any term or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the Agreement continues in full force and effect.

    Notice
    Except as otherwise stated, all notices shall be given by email. Any notice to you shall be given to you by the email address you supplied on registration. Notices shall be considered given 24 hrs after email is set, unless the sender receives notification that the email address is not valid.

    General
    The Site is operated by this content provider within the State Of Colorado, United States of America. You agree and acknowledge that the Services of the Site occur in Colorado, the principal place of business. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter and supersedes all previous written or oral agreements between the parties with respect to such subject matter. These terms and conditions will inure to the benefit of Site’s successors, assigns and licensee’s. The failure of Site to enforce any right or provision shall not constitute a waiver of such right or provision.



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