Number Your Days Terms of Service
Effective: August 19, 2015
This agreement governs your access to and use of Number Your Days (“NYD”) facilities, products, and services (collectively the “Service”). In consideration for your right to use the Service, you agree as follows:
DISCLAIMER OF WARRANTIES
Use of the Service is at your sole risk. To the extent permitted under law, no guarantees are made to you by NYD or those directly responsible for the Service.
WAIVER OF DAMAGES
You expressly agree and understand that neither NYD nor those directly responsible for the Service are liable for any damanges of any kind under any circumstances, even if the possibility of damages has been advised to NYD or a relevant party.
You agree to indemnify and hold harmless NYD and its owner, contractors, agents, directors, and affiliates from any losses, damages or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your agents, affiliates or anyone using your account, whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation claims arising out of or related to your violation of these Terms of Service, or your violation of the rights of another person. Should NYD be notified of a pending legal action, or receive notice of the filing of a legal action, NYD may seek written confirmation from you concerning your obligation to indemnify NYD, and you agree to provide such confirmation promptly.
CHOICE OF LAW AND FORUM
The NYD Terms of Service shall be governed by the laws of the Commonwealth of Virginia, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Virginia, in the Fairfax County, Virginia, USA, or, if subject matter jurisdiction is unavailable there, to the jurisdiction of the Alexandria Division of the U.S. District Court Eastern District of Virginia, USA, in any and all disputes arising out of, or related to, your use of NYD's services.
If any condition in these Terms of Service is found unenforceable, NYD reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.
These Terms of Service contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These Terms of Service supersede any prior written or oral agreements between the parties.
NYD's failure at any time to enforce any provision of these Terms of Service shall not constitute a waiver or limitation of NYD's right subsequently to enforce every provision of the Terms of Service.
Signing up for the Service and checking the box next to “I Agree to the Terms of Serivce” next to “User Agreement” or use of the Service constitutes acceptance of these Terms of Service.