Daylert Inc., dba Daylert.com, ("Daylert") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.

Daylert is a web-based service that allows its users to create and update online schedules and profile based information (herein referred to as "Daylert", or the "Service"). The Service may be used through a web browser. Once registered with Daylert, each user receives his or her own profile to post data, schedules, or information concerning or linked to software, music, sound, photography, and graphics. NOTE: USERS WILL BE ALLOWED TO SEND TEXT MESSAGE ALERTS TO THEIR CELL PHONES. ALTHOUGH DAYLERT WILL NOT CHARGE FOR THIS SERVICE, DAYLERT IS NOT RESPONSIBLE FOR ANY ADDITIONAL TEXT MESSEGING CHARGES THE USER MAY INCUR. YOU WILL BE RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH SENDING TEXT MESSAGE ALERTS. This Content may reside on Daylert's servers or on the servers of a third party.

Account registration and verification is required in order to create a Daylert account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Daylert, you are required to update that information as soon as possible. Should Daylert suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Daylert’s privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@daylert.com. Users under 13 years of age are not allowed to register with Daylert.

Your use of the Service is subject to Daylert's privacy policy. For information on Daylert's privacy practices, please see the entire privacy policy at www.daylert.com.

The Service may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible to visitors and users of the Service (collectively and individually “Content”). All Content, whether publicly posted on or privately transmitted via the Service is the sole responsibility of the person from whom the Content originated and not of Daylert, its shareholders, directors, officers or employees. If you own your Content this agreement does not limit your ownership in any way. Whatever rights you have in Content you post you retain. Daylert may review and delete any Content, in whole or in part, that in its sole judgment violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of or harm any third parties. It is your responsibility to evaluate the Content you post or make available.

While you retain any and all rights, including ownership, in any Content you make available through the Service, Daylert needs certain rights to that Content and in that Content in order to make the Service available. Accordingly, you grant to Daylert a non-exclusive, royalty-free, perpetual, world-wide, transferable license with the right to grant sublicenses through multiple tiers of sublicensees to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to render or deliver the Service. This license enables Daylert to provide the Service and provide access to the Content as you request in connection with the operation of the Service and is not intended to otherwise limit your rights to your Content.

Daylert grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse any Content of other users of Daylert (or any portions or derivative works thereof) solely for non-commercial purposes, solely for use on and in connection with the Daylert Service and the Daylert website in accordance with these Terms of Service and solely to the extent of the license granted by the user to Daylert under these Terms of Service.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

You acknowledge that Daylert may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Daylert may establish limits concerning use of the Service and may modify these limits at any time.

Daylert reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Daylert shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

You agree that Daylert, in its sole discretion, may terminate your password, username, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Daylert believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at Daylert’s discretion, will be terminated as well. Daylert may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Daylert may immediately deactivate or delete your Daylert account and all related information and files. Daylert reserves the right to bar any further access to such files or the Service. You agree that Daylert shall not be liable to you or any third-party for any termination of your access to the Service.

You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Daylert to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Daylert has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Daylert on your Content and throughout the Service are subject to change at Daylert’s discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Daylert shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

The Service, or relevant third parties, may provide links to other web sites or resources. Because Daylert has no control over such sites and resources, you acknowledge and agree that Daylert is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Daylert shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You acknowledge and agree that the Service, and any necessary software used in connection with the Service, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Daylert code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Daylert or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content or the Service, in whole or in part.

You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Daylert does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Daylert's sole discretion as to what action should be taken. You agree to NOT use the Service to:

1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a Daylert staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with Daylert or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. 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;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
11. "Stalk" or otherwise harass another person or company;
12. Collect or store personal data about other users for business purposes;
13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
14. Use Daylert as a forwarding service to another website;
15. Allow usage by others in such a way as to violate Daylert's TOS;
16. Engage in commercial activities within Daylert or on behalf of Daylert without prior approval. This includes, but is not limited to, the following activities:
    • a. Displaying a banner that is designed to profit you or any other business or organization; and
    • b. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
17. Employ tactics to prevent the full and complete display of advertisements on Daylert pages. These include, but are not limited to, making journal style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on a Plus account's Content or other pages within the Service.
18. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
19. Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so.
20. Make excessive or otherwise harmful automated use of the system. See this page for details on our automated use policy: http://www.daylert.com.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAYLERT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) DAYLERT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAYLERT.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAYLERT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAYLERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Daylert may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.

Daylert respects the intellectual property of others, and we ask our users to do the same. Daylert may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Daylert's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

By mail: Copyright Agent c/o Daylert, Inc. 4340 East-West Highway, Suite 300 Bethesda, MD 20814

By email: copyright@daylert.com

You agree to indemnify and hold Daylert, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access or text messages sent to your phone for alerts.

Daylert’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By becoming a registered user of the Service, you consent to receiving electronic communications from Daylert including text messages. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Daylert is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Service compose the entire agreement between you and Daylert and supersede all prior agreements between the parties regarding the subject matter contained herein.

In the event that you have a dispute with one or more users of the Service, you release Daylert (and our officers, directors, agents, subsidiaries, parent corporation, 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. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”