Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The Web site thedailyscout.com (the “Web Site” or “TheDailyScout.com”) is provided by The Daily Scout LLC (”TheDailyScout”) and/or its affiliates and subsidiaries for your and others’ personal enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (”Terms and Conditions”), and the rules that may be published from time to time by TheDailyScout. By using this site, you are deemed to have agreed to these terms and conditions of use. TheDailyScout may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on TheDailyScout.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
User Conduct
This Web Site is provided to you solely for informational purposes that direct and/or link you to local businesses. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, interests form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, The Daily Scout reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge and agree that The Daily Scout may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Daily Scout, its users or the public.
You understand that the technical processing and transmission of the Web Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Any or all Content on the Web Site may be purged periodically in The Daily Scout’s sole discretion. You acknowledge and agree that Content you view is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by The Daily Scout.
Restrictions On Use of Material
The content on this Web Site is intended for informational purposes only. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. You must abide by all additional copyright notices or other restrictions contained on the Web Site.
Linked Sites
You may be able to link to third parties’ Web Sites (”Linked Sites”) from The Daily Scout Web Site. Linked Sites are not, however, reviewed, controlled, or examined by The Daily Scout in any way and The Daily Scout is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply The Daily Scout’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall The Daily Scout be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. The Daily Scout reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to TheDailyScout.com. To seek our permission, you may write to The Daily Scout. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of The Daily Scout and its affiliates or licensors. As between The Daily Scout and you, The Daily Scout is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Editorial
We would never sell our subscriber list to anyone. Not for any amount of money.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.
Affiliated Businesses.
The Daily Scout LLC does not sell any services to its subscribers. Instead, the Web Site is intended to facilitate your acquisition of services directly from third party businesses that provide those services (“Affiliated Business”). The Daily Scout LLC is not involved in the actual transaction between you and the Affiliated Business. As a result, The Daily Scout LLC has no control over the quality, safety or legality of the services offered, the truth or accuracy of the listings, or the ability of the Affiliated Business to sell items or services. The Daily Scout LLC cannot ensure that an Affiliate Store will actually complete a transaction. Each Affiliated Business shall maintain a separate contractual relationship with you under which the Affiliated Business shall provide its services to you. The Daily Scout LLC is not a party to any contractual relationship by and between you and any Affiliated Business and because The Daily Scout LLC only facilitates your acquisition of the services from the Affiliated Business, in the event that you have a dispute with one or more Affiliated Business’, you release The Daily Scout LLC (and its members, managers, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Each Affiliated Business shall bill you directly for any service accepted by you. Any fees due from you to an Affiliated Business shall be your sole and exclusive obligation and the collection of such fees shall be the sole and exclusive obligation of the Affiliated Business. The Daily Scout LLC shall neither be obligated to pay, guarantee or otherwise insure the collection or payment of, or indemnify an Affiliated Business or you for the nonpayment or payment of, any fee or other charge assessed or charged by an Affiliated Business to you for any service offered and sold by an Affiliated Business.
The Daily Scout LLC makes no representation or warranty of any kind, either express or implied, as to whether (1) an Affiliated Business is licensed or authorized to provide the services it is offering; (2) the quality, identity or reliability of any Affiliated Business; (3) the fairness of any terms and conditions, including price, offered by an Affiliated Business; (4) any of the information provided by an Affiliated Business is accurate; or (5) an Affiliated Business is in good financial condition or has a good reputation and business practices. The Daily Scout LLC neither sets nor endorses, the price, contract terms and conditions, quality, conformance or legality of the products or services offered by an Affiliated Business or whether any Affiliated Business will complete any transaction for any product or service.
Affiliated Businesses may be added to or dropped from the Web Site from time to time. The Daily Scout LLC is not responsible for changes to, or the discontinuance of, any Affiliated Business, or any Affiliated Business’ withdrawal from the Web Site. The Daily Scout LLC is not responsible for changes to, or discontinuance of, any offered discount at an Affiliated Business. It is your sole responsibility to make sure that all discounts are valid.
Disclaimer Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE DAILY SCOUT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. THE DAILY SCOUT LLC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
THE DAILY SCOUT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT THE DAILY SCOUT OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT WILL THE DAILY SCOUT, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE DAILY SCOUT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE DAILY SCOUT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH THE DAILY SCOUT LLC HAS A RELATIONSHIP, INCLUDING WITHOUT LIMITATION, AN AFFILIATED BUSINESS, (”AFFILIATED BUSINESS”) BE LIABLE TO YOU FOR NON-PERFORMANCE OF THE DAILY SCOUT LLC’S OBLIGATIONS. YOU AGREE NOT TO SUE ANY AFFILIATED BUSINESS FOR NON-PERFORMANCE BY THE DAILY SCOUT LLC. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE DAILY SCOUT LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You shall, at your sole cost and expense, defend, indemnify and hold The Daily Scout LLC and its members, managers, affiliates, partners, officers, directors, employees, agents, subcontractors, representatives, customers, successors and assigns (in each case, a “Daily Scout Indemnitee”) harmless from and against any and all damages, liabilities, losses, costs, fines and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of, under or in connection with any claim, demand, charge, action, cause of action, or other proceeding arising out of or related to (a) any dispute or alleged dispute between you and any Affiliated Business of any service offered through the Web Site; (b) any breach by you of any covenant, representation or warranty set forth in this Agreement or otherwise; (c) any irregularity, error, problem or defect occurring on the Site that is caused by you; (d) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted across the Site or Program by you (or any person that gains access to the network through you under this Agreement or otherwise); or (e) any claim by any person resulting from your negligent acts or omissions, or arising out of or in connection with the use of any product or service you may acquire from any Affiliated Business, regardless of whether such claim is founded in contract, tort or warranty. Each Daily Scout Indemnitee shall provide prompt written notice of any claim or liability and shall tender defense or settlement to you, and shall fully cooperate in defense of the claim. Should you fail to honor a timely request for indemnification, then the Daily Scout Indemnitee shall, in addition to all other amounts it shall be entitled to receive from you, be entitled to all costs (including reasonable attorneys’ fees) incurred in the enforcement of the right of indemnification hereunder when such enforcement results in a legal judgment in its favor or an acknowledgment by you that the claimed indemnification is valid in a settlement of such claim.
Copyrights And Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the TheDailyScout.com Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your username, address, telephone number, and e-mail address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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.
Copyright Agent
(Contact only for copyright matters. For all other inquiries, please contact us here.) info@thedailyscout.com.
Applicable Laws / Jurisdiction
You agree that the laws of the State of Colorado, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Daily Scout or relating in any way to your use of the Web Site resides in the courts of the State of Colorado, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute and including any claim involving The Daily Scout.
We control and operate this site from our offices in Denver, Colorado. We do not represent that materials on the site are appropriate or available for use outside of Denver, Colorado. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to our contact form.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The Daily Scout may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us.
