The following terms and conditions outline the rules and regulations for the use of our services.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company, Daily Nickel Corp. (Daily Nickel). Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Daily Nickel Internet site (www.dailynickel.com), the Daily Nickel mobile application, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “DN Services”) are owned and operated by Daily Nickel and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE DN SERVICES, WE ASSUME YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS IN FULL. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN CEASE TO USE THE DN SERVICES.
By continuing to use DN Services, you acknowledge that you have had the chance to review and consider this Terms of Use, and you acknowledge that you agree to it. This means that you also consent to the use of your information and the method of disclosure as described in this Privacy Policy. If you do not understand the Terms of Use or do not agree to it then you agree immediately to cease your use of DN Services.
Daily Nickel may update this Terms of Use from time-to-time in our sole discretion, with or without notice. You agree that it is your responsibility to review the Terms of Use for any changes each time that you use DN Services and you are bound by such changes. Your continued use of DN Services after such posting signifies that you agree to and accept the Modified Terms of Use.
Unless otherwise stated, Daily Nickel and/or it’s licensors own the intellectual property rights for all material on DN Services. All intellectual property rights are reserved. You also agree to grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
If you agree to the Terms of Use, Daily Nickel grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the DN Services for your personal use without the written consent of Daily Nickel subject to restrictions set in these terms of use. You agree not to:
You further agree that if you violate the LICENSE AND USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to pay Daily Nickel for liquidated damages. We may (but shall not be required to) issue you a warning before assessing damages. Liquidated damages for the specified breaches of these Terms of Use as follows-
Certain parts of DN Services offer the opportunity for users to post and exchange opinions, information, material and data ('Comments'). Daily Nickel does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Daily Nickel, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Daily Nickel shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Daily Nickel reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Use.
You warrant and represent that:
You hereby grant Daily Nickel a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
We employ the use of cookies. By using DN Services you consent to the use of cookies in accordance with Daily Nickel’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
You agree to indemnify and hold harmless Daily Nickel, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against any damages, liabilities, losses, claim, action, suit or proceeding, including reasonable attorneys’ fees and court costs brought or threatened to be brought against us which is caused by or arising out of (a) your use of the DN Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Daily Nickel, and/or (c) your intentional or willful breach of any of these Terms of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to DN Services and its contents, including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade. DN Services and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. We do not warrant that DN Services will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the DN Services will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. While we may use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to its accuracy, timeliness or completeness. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use DN Services, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with DN Services and these Terms of Use. For the purposes of these Terms of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
Daily Nickel may terminate your access or use of the DN Services with or without notice for any reason whatsoever. Upon such termination, you shall immediately cease to access or use of DN services. You also acknowledge that Daily Nickel on its sole discretion reserves the right to take any technical or legal your ability to access DN Services. All provisions of these Terms of Use shall survive termination including, without limitation, provision regarding access, ownership, warranty disclaimers, indemnity, and limitations of liability.
This Terms of Use shall be construed in accordance with and governed for all purposes by the laws of Indiana. Any dispute arising hereunder shall be referred to and heard in a court located in Indiana only.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
The breach of any of the term of this Terms of Use with Daily Nickel may result in Daily Nickel pursuing any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief.
Daily Nickel’s remedies are not exclusive. Failure of Daily Nickel to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. The LICENSE AND USE, LIQUIDATED DAMAGES, and INDEMNITY sections survive termination of the Terms of Use, and you will remain bound by those sections. No joint venture, partnership, employment or agency relationship exists between you and Daily Nickel as a result of these Terms of Use or use of DN Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Use, please contact us at info@dailynickel.com.
