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Service Agreement

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Conduct of visitors to MTDaily: All visitors shall use MTDaily for lawful purposes only. Visitors shall not post or communicate through MTDaily any material which is unlawful, threatening, abusive, defamatory, invasive of privacy, rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MTDaily's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Visitor that in MTDaily's discretion restricts or inhibits any other Visitor from using or enjoying MTDaily will not be permitted. Visitors shall not use MTDaily to advertise or perform any commercial solicitation without express permission from MTDaily.

Disclaimer of Warranty; Limitation of Liability: Visitors expressly agree that use of MTDaily is at their own risk. MTDaily, all staff and volunteers at MTDaily, sponsors of MTDaily, and advertisers on MTDaily cannot guarantee that MTDaily will be uninterrupted or error free. Nor do any of the aforementioned make any warranty regarding the results that may be obtained, the accuracy, the reliability, or the content of any information, service, or merchandise provided through MTDaily.

This disclaimer of liability applies to any damages or injuury caused by any failure of performance, omission, deletion, error, interruption, defect, computer virus, communication line failure, delay in operation or transmission, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Visitors specifically acknowledge that MTDaily is not liable for the defamatory, offensive, or illegal conduct of other visitors or third parties and that the risk of injury from the foregoing rests entirely with the visitor.

In no event will MTDaily be liable for any damages (including without limitation) direct, indirect, incidental, consequential or punitive damages arising out of the use of or inability to use MTDaily. Visitors hereby acknowledge that the provisions of this section shall apply to all content on MTDaily.

In addition to the terms above, MTDaily shall not be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or any other defect in, or untimeliness or unauthenticity of, the information contained within MTDaily. MTDaily, sponsors, and advertisers shall not be liable for any third-party claims or losses of any nature including, but not limited to, lost profits and punitive or consequential damages.

Monitoring: MTDaily has the right, but not the obligation, to monitor the content of MTDaily, including chat rooms and message boards, to determine compliance with this Agreement and any operating rules or Guidelines established by MTDaily and to satisfy any law, regulation or authorized government request. MTDaily has the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on MTDaily. Without limiting the foregoing, MTDaily shall have the right to remove any material that MTDaily, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification: Visitors agree to defend, indemnify and hold harmless MTDaily, its sponsors and advertisers from and against all claims and expenses, including attorneys' fees, arising out of the use of MTDaily.

Termination: MTDaily may terminate or alter this Agreement at any time. Without limiting the foregoing, MTDaily has the right to immediately terminate Visitor's access to MTDaily in the event of any conduct by the Visitor which MTDaily, in its sole discretion, considers to be unacceptable, or in the event of any breach by the Visitor of this Agreement.

Third Party Content: MTDaily is a distributor (and not a publisher) of content supplied by third parties and Visitors. Accordingly, MTDaily has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Visitors or any other user of MTDaily, are those of the respective author(s) or distributor(s) and not of MTDaily. Neither MTDaily nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through MTDaily represents the opinions and judgments of the respective information provider, Visitor, or other user not under contract with MTDaily. MTDaily neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MTDaily by anyone other than authorized MTDaily employee representatives while acting in their official capacities. Volunteer monitors are not included in this category. Under no circumstances will MTDaily be liable for any loss or damage caused by a Visitor's reliance on information obtained through MTDaily. It is the responsibility of the Visitor to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MTDaily. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Agreement: This Agreement contains the entire agreement between the Subscriber or user and MTDaily regarding the use of the services, and supersedes all prior written and oral understandings and writings. The Agreement shall be governed pursuant to the laws of the State of PA.

 

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