Terms Of Service
Effective Date: February 25, 2019
Please read the Terms of Service carefully before you start to use the Site. These Terms contain a binding arbitration clause and a waiver of class action rights.
You agree that the Terms of Service, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized.
This Site is offered and available to users who are 18 years of age or older and reside in the United States. By using this Site and any services provided by this Site (the ‘Services’), you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site or use the Services.
Daily Civic Subscription and Renewal Terms; Refund & Cancellation Policies
This section applies to your use of www.DailyCivic.com and its associated webpages (collectively, ‘Daily Civic’). Many features of Daily Civic are available without a paid subscription; however, premium or ad-free content requires you to subscribe. When you purchase a subscription, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal fees as described more fully below. If we are unable to charge your credit card or other payment method, your subscription will automatically terminate.
We may increase the price of Daily Civic subscriptions at any time, however, we will give you at least thirty (30) days advance notice of any price increase. This advance notice will give you an opportunity to cancel your subscription before the price increase goes into effect. If you do not cancel your subscription before the price increase goes into effect, you will be deemed to have agreed to the price increase.
If you subscribe to the Daily Civic, you agree to keep your contact information (i.e. address, email address, phone number) and payment information up-to-date at all times.
Free Trial Period
Your subscription may begin with a free trial. If this is the case, we will begin charging you for your subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of subscription period calculations. To avoid being charged, you must cancel your subscription before the end of the free trial period.
You may cancel by (a) accessing your account online at www.DailyCivic.com and navigating to ‘Contact Us’, (b) sending an email to email@example.com
If you use a promotional code to obtain a subscription, such code only applies to the subscription period identified in the terms & conditions provided with the promotional code and may not apply to renewal periods. Please carefully review the terms & conditions provided with the promotional code before use.
Monthly Basic Subscription
The Monthly Basic Subscription provides you ad-free access to Daily Civic’s site, except podcasts. You may still receive notices of internal promotions, recommended content and bulletins that enhance the user experience. We do not make any guarantees as to the posting or availability of any content. The Monthly Basic Subscription will automatically renew every month around the same day as the purchase date. You must cancel your subscription before the renewal date to prevent the next charge to your credit card or other payment method. We may also choose, in our sole discretion, not to renew your subscription.
You may cancel your Monthly Basic Subscription at any time by following the cancellation process above. If you cancel your Monthly Basic Subscription within the first 10 days of the initial subscription period, you may request a full refund within 30 days of your cancellation by contacting customer service. If you cancel your Monthly Basic Subscription any time after the first 10 days of the initial subscription period, you will not receive any refund, but your access will continue until the end of the current subscription period. Except as noted in this paragraph, all charges for the Monthly Basic Subscription are nonrefundable.
Monthly Premium Subscription
The Monthly Premium Subscription provides you ad-free access to Daily Civic’s site and access to Daily Civic podcasts. You may still receive notices of internal promotions, recommended content and bulletins that enhance the user experience. We do not make any guarantees as to the posting or availability of any content or the number of podcasts that will be produced in any period of time. The Monthly Premium Subscription will automatically renew every month around the same day as the purchase date. You must cancel your subscription before the renewal date to prevent the next charge to your credit card or other payment method. We may also choose, in our sole discretion, not to renew your subscription.
You may cancel your Monthly Premium Subscription at any time by following the cancellation process above. If you cancel your Monthly Premium Subscription within the first 10 days of the initial subscription period, you may request a full refund within 30 days of your cancellation by contacting customer service. If you cancel your Monthly Premium Subscription any time after the first 10 days of the initial subscription period, you will not receive any refund, but your access will continue until the end of the current subscription period. Except as noted in this paragraph, all charges for the Monthly Premium Subscription are nonrefundable.
Annual Premium Subscription
The Annual Premium Subscription provides you ad-free access to Daily Civic’s site and access to Daily Civic podcasts. You may still receive notices of internal promotions, recommended content and bulletins that enhance the user experience. We do not make any guarantees as to the posting or availability of any content or the number of podcasts that will be produced in any period of time. The Annual Premium Subscription will automatically renew every year around the same date as the purchase date. You must cancel your subscription before the renewal date to prevent the next charge to your credit card or other payment method. We may also choose, in our sole discretion, not to renew your subscription.
You may cancel your Annual Premium Subscription at any time by following the cancellation process above. If you cancel your Annual Premium Subscription within the first 10 days of the initial subscription period, you may request a full refund within 30 days of your cancellation by contacting customer service. If you cancel your Annual Premium Subscription any time after the first 10 days of the initial subscription period, you will not receive any refund, but your access will continue until the end of the current subscription period. Except as noted in this paragraph, all charges for the Annual Premium Subscription are nonrefundable.
Annual Premium Gift Subscription
The Annual Premium Gift Subscription provides your gift recipient with ad-free access to Daily Civic’s site and access to Daily Civic podcasts. They may still receive notices of internal promotions, recommended content and bulletins that enhance the user experience. We do not make any guarantees as to the posting or availability of any content or the number of podcasts that will be produced in any period of time. The Annual Premium Gift Subscription terminates one year after purchase. We may contact you or your gift recipient prior to termination to ask about renewal.
You or your gift recipient may cancel the Annual Premium Gift Subscription at any time by following the cancellation process above; however, fees for the Annual Premium Gift Subscription are nonrefundable. If you or your gift recipient cancel the Annual Premium Gift Subscription, access will continue until the end of the current subscription period.
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may download or print a single copy of any portion of the content provided on the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such material. No other use is permitted unless otherwise expressly permitted in writing by DC. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission;
- Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access; or
- Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised.
We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, ‘look and feel’, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the ‘Contents’) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by DC. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by DC or used with permission. DailyCivic.com, The Daily Civic, The Daily Civic logo, and all other trademarks and service marks appearing on this Site are property of DC or are used with permission of the owner. You agree not to display or use such marks without DC’s prior written permission. DC disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Service. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. Except as expressly permitted herein, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site without the prior written consent of DC or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of DC or the owner of such material. All rights not expressly granted herein by DC to you are reserved by DC and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
The information presented on or through the Site is made available solely for general informational purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Requests to use the Contents for any purpose other than as permitted in these Terms should be directed to DC at the contact information provided above.
From time to time, DC may offer the ability for Site users to publish or upload information or comments to the Site. This functionality may be reserved for registered users. DC reserves the right, but has no obligation, to monitor the information or material you submit to the Site. DC will have the right to remove any such information or material that in its sole discretion violates, or may violate, any applicable law or these Terms or upon the request of any third party.
You will not post, download, or copy on the Site, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site that:
- Violates any applicable law or regulation;
- Promotes or enables illegal or unlawful activities;
- Will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others;
- Violates the privacy or publicity or other personal rights of others;
- Misrepresents affiliation, connection or association with, any person or entity;
- Is intended to deceive or defraud other users of the Site;
- Is libelous, obscene, profane, inaccurate, sexually suggestive, offensive, threatening, defamatory, abusive or hateful;
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Is intended to or tends to annoy, threaten, harass, or intimidate any other users of the Site;
- Contains video or images of another person without his or her permission;
- Contains, collects or solicits personal information about a minor; or
- Distributes another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes.
Other Site users may post information that is protected under copyright laws (whether or not identified as such). You agree that you will not copy, download, modify, publish, transmit, distribute, perform, display, commercially use, or sell any DC or third party proprietary information available on or through the Site.
By posting information or content to any public area of the Site you grant, and you represent and warrant that you have the right to grant, to DC and its affiliates an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Digital Millennium Copyright Act
In the event that a third party provides DC with a notification of any alleged intellectual property infringement, DC may immediately remove such content and may block access to and cancel such user’s registration. In addition, in the event of an alleged copyright infringement, DC shall act expeditiously in accordance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) and will take steps to have the allegedly infringing material removed or access to such material blocked.
Procedure for Submitting Notification of Alleged Copyright Infringement
It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA. With respect to copyright infringement, the DMCA requires DC to have a designated agent to receive notices of alleged copyright infringement. For any content that you believe infringes your copyright, please send a written notice of alleged copyright infringement to DC’s designated agent at the following address:
Your written notification of alleged copyright infringement should include all of the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DC to locate the material on its server;
- Information reasonably sufficient to permit DC to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your physical or electronic signature.
Procedure for Submitting Notification of Alleged Intellectual Property Infringement (other than copyright infringement)
If you believe that any content posted using this Site infringes the intellectual property that you own or are licensed to enforce (other than your copyright), please send a written notification to firstname.lastname@example.org. Include in the email the following information:
- Identification of the allegedly infringing material with particularity to permit DC to locate the material on DC’s server;
- Information reasonably sufficient to permit DC to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your Privacy Rights
Links to Third Party Websites
DC is not responsible for the contents of any website that may be linked on our Site, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by DC of that website and is provided only for informational purposes. DC reserves the right to reject any request for a link to a third-party website and to remove any link for any reason.
DC may offer the ability to link to your social media accounts from the Site. This functionality is offered by the respective social media providers and may be subject to additional terms and conditions from those providers.
You shall indemnify, defend and hold harmless DC and its business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from: (a) your use of or inability to use the Site, (b) the infringement by you of any intellectual property rights of any person or entity, (c) your violation of the Terms, (d) any content or data entered by you, (e) the breach of any warranty or representation made by you in the Terms, or (f) your violation of any applicable laws, rules or regulations.
Disclaimer and Limitation of Liability
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. DC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DC DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DC OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF DC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.
Any controversy, claim, or dispute arising out of or related to these Terms, the Site, or the relationship of the parties, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a ‘Dispute’) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to the American Arbitration Association Consumer Arbitration Rules (the ‘Arbitration Rules’). The arbitration shall be conducted in Eastland County, Texas before a single neutral arbitrator appointed in accordance with the Arbitration Rules. To the fullest extent permitted by law, the arbitrator shall not have the power to award indirect, punitive, special or consequential damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules and applicable law. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines. No Dispute may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.
The Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws principles.
DC’s failure to enforce strict performance of any provision of these Terms of Service will not constitute a waiver of DC’s right to subsequently enforce such a provision or any other provision of these Terms, nor will any delay or omission on the part of DC to exercise or take advantage of any right or remedy that DC has or may have hereunder, operate as a waiver of any right or remedy.
In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
DC, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Service, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions will be effective immediately upon posting to the Site. You agree to review the Terms upon each visit to the Site. If, in our opinion, a change is material, we will also provide you with notice at least thirty (30) days in advance of the material change. Such notice may include posting a notice on the Site or sending notification to the email address connected with your account. Your continued use of the Site following such notice will be deemed to conclusively indicate your acceptance of the revised Terms.