Conditions of Use

 

See also Privacy & Legal Notices

These Terms and Conditions govern the access and use of our website and should be read carefully. By accessing or using our website, the user accepts and agrees to be bound by these Terms and Conditions as they may from time to time be modified by Daycos.com, mydaycos.com, and all other websites operated by Daycos, INC. (“Daycos”).

As used below, the terms “we,” “us” and “our” refer to mydaycos.com, Daycos.com, blog.daycos.com and all other websites operated by Daycos.

  1. PROHIBITION AGAINST MISUSE

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  1. INTELLECTUAL PROPERTY RIGHTS

This site contains trademarks, service marks and trade names owned by Daycos (“Daycos Intellectual Property”) that are protected by applicable trademark and other intellectual property laws. You may view, download, and print material on this site for non-commercial personal use only. However, without the express prior written consent of Daycos and any other rights owner, you may not publicly display, perform, transmit, list, modify, reproduce, distribute, participate in the transfer or sale of, make derivative works from, upload or otherwise use any of the Daycos Intellectual Property contained on this website or the selection, arrangement or coordination of its content. If you receive such permission, you may not delete, change or in any manner or fashion alter or enhance the existing trademark notices. You should not assume anything on this site is necessarily in the public domain. Additionally, you agree not to post or use any information from this site for any advertising or solicitation for products or services without Daycos’ express prior written consent.

  1. DISCLAIMER OF LIABILITY AND WARRANTIES

Daycos does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to any software, information, or other item located on, derived from, or linked to by this website. Everything is provided “as is,” “as available.” In no event will Daycos be liable for any damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses of any kind arising in connection with the use of or inability to use this website or any linked site. Additionally, we aren’t liable for any item created by you or any third party, including, but not limited to, software products. Use of this service and any service derived wholly or in part from this website is at your own risk.

You assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using this website. You also accept, at your own risk, that the Internet and online communications medium may not perform as intended despite our efforts, those of your Internet service provider, or you.

  1. Modifications

Daycos may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability.

  1. DISCLAIMER OF ENDORSEMENT

Daycos doesn’t endorse any commercial product, process, service or enterprise, by trade name, trademark, service mark, manufacturer or otherwise. Links to other websites and references to any commercial product or enterprise are provided solely for your convenience, and do not necessarily constitute or imply our endorsement, recommendation or exclusive approval thereof. Accordingly, Daycos does not endorse or assume responsibility for the content provided on any third-party website to which we are linked.

  1. YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account, password and for restricting access to your computer. You also agree to assume responsibility for all activities that occur under any account or password that you maintain for electronic commerce with Daycos. Daycos.com, mydaycos.com, and all other websites operated by Daycos. Daycos does not sell products to minors. If you are under 18, you may use Daycos only with involvement of a parent or guardian. Daycos.com, mydaydcos.com and all other websites operated by Daycos reserve the right to refuse service, terminate accounts, remove or edit content, or cancel purchases in their sole discretion.

  1. VENUE, JURISDICTION AND CHOICE OF LAW

By accessing this site, you are consenting to be governed by and construed in accordance with the laws of 1500 Riverside Blvd Norfolk, NE, in any action arising out of or relating to this agreement, including without limitation any use of this website. Additionally, you waive any other venue to which you might be entitled by domicile or otherwise.

  1. MISCELLANEOUS ITEMS

The provisions of this page extend to Daycos.com, mydaycos.com, and all other websites operated by Daycos.

Privacy & Legal Notices

Your privacy is of the highest concern to Daycos. To help guard your privacy, our site uses data encryption – the Secure Sockets Layer (SSL) protocol – to protect sensitive webpages. If a Webpage has an address that begins with “https://” rather than “http://” then it uses encryption.

The policies below are applicable to Daycos.com, mydaycos.com, and all websites operated by Daycos. Any questions or comments you may have regarding this privacy policy, contact Daycos.

Daycos respects each individual user’s right to privacy. Daycos and its sites do not collect personal identifying information unless such information is specifically and knowingly provided from users during contests, surveys, sweepstakes, giveaways, Daycos.com site registration, or use of public areas, such as a forum. Daycos may use aggregate forms of this information — not individual data — for marketing and promotional purposes. Daycos does not supply identifying information to other companies, or use such information for its own purposes including but not limited to email newsletters, unless the user “opts-in” for such purposes by specifically allowing usage. (Identifying information must necessarily be used when notifying a user of requested information, such as notification of a winning entry in a contest or sweepstakes.) Daycos is not responsible for any actions or policies of such companies. Individual users who have provided information during contests, surveys, sweepstakes, giveaways, Daycos.com site registration, or use of public areas, such as a forum, have the right to ask for their data to be deleted and may send a request to Daycos Customer Support. Daycos will work in good faith to delete personal information unless there is a legal obligation to keep the data, the data is needed to exercise the right of freedom of expression or for reasons of public interest.

Daycos uses reasonable precautions to keep the personal information disclosed to us secure. However, Daycos is not responsible for any breach of security. If a Daycos user knowingly provides personal information, such as a name or email address, in a forum or other public service, that user should be aware that the information provided can be collected and used by third parties. Such activities are beyond the control of Daycos.

Non-personal information and data may be automatically collected through the standard operation of Daycos’ Internet servers or through the use of “cookies.” Cookies are small text files a website places on your computer’s hard drive to recognize repeat users and facilitate the user’s use of the site. Also, cookies allow a site to track usage behavior and compile aggregate data for content improvement, targeted advertising, and marketing and promotional purposes. Users should be aware that Daycos cannot control the use of cookies or the resulting information by advertisers or other third parties. Most browsers allow a user to deny cookies; however, users should note that cookies may be required to provide certain website features.

ATTENTION: No information should be submitted to Daycos by children under 18 years of age without their parent’s or guardian’s consent. Daycos does not monitor the age of its user audience.

Daycos reserves the right to change this policy at any time by posting notice of the existence of a new privacy statement. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Terms and Conditions for Web APIs (Application Programming Interfaces), and Custom Services

Daycos (Daycos) may offer some of its public data in machine readable format through an Application Programming Interface (API) or other methods. This service is offered subject to your acceptance of the terms and conditions (Agreement) contained herein.

Scope

All of the content, documentation, code, and related materials made available to you through the API are subject to these terms. Access to use of the API or its content constitutes acceptance of this Agreement.

Use

You may use any of the Daycos APIs to develop a service or services to search, display, analyze, retrieve, view, and otherwise “get” information from Daycos data.

Attribution

You may use the Daycos name in order to identify the source of the API content, subject to these rules. You shall not use the names of Daycos to imply endorsement, approval, sponsorship, association, or authorization of any product, service, or entity (not-for-profit, commercial, or otherwise).

Modification or False Representation of Content

You may not modify any content accessed through the API in any manner which could reasonably be interpreted or construed as conveying the false impression that Daycos is the source of such content.

Right to Limit

Your use of the API may be subject to certain limitations on access, calls, or use as set forth within this Agreement or otherwise provided by Daycos. If Daycos reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use the API may be permanently or temporarily blocked. Daycos may monitor your use of the API to improve the service or to ensure compliance with this Agreement.

Service Termination

If you wish to terminate this Agreement, you may do so by refraining from further use of the API. In its sole discretion, Daycos reserves the right to discontinue providing the API or data for any reason. Daycos may stop providing the API to you if, in our opinion, your use violates any Daycos policy. See our Privacy and Legal Notices and Website Terms and Conditions.

You agree that you are using this API “as is” and at your own risk. All provisions of this Agreement which by their nature should survive termination shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

Changes

Daycos reserves the right, at its sole discretion, to modify or replace this Agreement, in whole or in part. Your continued use of or access to the API following posting of any changes to this Agreement constitutes acceptance of those modified terms. Daycos may, in the future, offer new services and/or features through the API. Such new features and/or services shall be subject to the terms and conditions of this Agreement. Daycos may change any aspect of the API or the data offered at any time for any reason.

Disclaimer of Warranties

The API and all data provided through the API is provided “as is” and on an “as-available” basis. All express or implied conditions, representations, and warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement are hereby disclaimed. Daycos makes no warranty that the API data will be error-free or that access thereto will be continuous or uninterrupted.

Limitations on Liability

In no event will Daycos, or its officers, employees, contractors, or agents be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages, however caused and regardless of theory of liability arising out of the use or inability to use the API or data offered through the API, even if Daycos has been advised of the possibility of such damages. The foregoing limitations shall apply even if the above stated warranty disclaimer fails to its essential purpose.

General Representations

You hereby warrant that:

(1) your use of the API will be in strict accordance with the Daycos Privacy Policy, this Agreement, and all applicable laws and regulations; and

(2) your use of the API will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Daycos, its officers, employees, contractors, agents, and the like from and against any and all liabilities, claims, and expenditures, including attorney’s fees, arising out of your use of the API, including but not limited to violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire Agreement between Daycos and you concerning the subject matter hereof, and may be modified only by the posting of a revised version on this page by Daycos.

Disputes

Any disputes arising out of this Agreement and access to or use of the API shall be governed by Federal law.

No Waiver of Rights

Daycos’ failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.