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Terms of Use
You must read, understand, and accept the following terms of use before you
may proceed to the service provided by PerDiem LLC By using the information
and services available through this web site, you agree to be bound by all
terms and conditions of use as set forth herein.
PerDiem LLC may modify these Terms of Use from time to time by posting them
on the PerDiemCO web site.
Indemnification
You agree to indemnify and hold PerDiem LLC and its subsidiaries,
affiliates, telecommunications providers, service providers, officers,
employees, and agents harmless from any claim, liability, loss, expense, or
demand, including attorneys’ fees, related to a user’s violation of the
terms and conditions or the use of the services and information provided at
this web site.
Use of PerDiem LLC for Lawful Purposes Only. You agree that the client
software may send your known location to the PerDiem LLC server. You are
solely responsible for your conduct with respect to any Information,
including without limitation your conduct in creating, storing,
transmitting, disseminating, accessing, receiving, or using any information.
System Abuse Policy
System abuse is strictly prohibited. PerDiem LLC may terminate or modify
service immediately if the client engages in system abuse. Following is a
list of actions which are defined to be system abuse. This list is
non-exclusive: attempting to circumvent user authentication or security of
any host, network, or account on PerDiem LLC or the Internet at large;
attempting, in any way, to interfere with or deny service to any user or
PerDiem LLC servers, or any host on the Internet; attempting to reverse
engineer, de-compile, or disassemble any of PerDiem's software; Any other
activity or activities that PerDiem LLC in its sole discretion determines is
unethical or damaging to our other customers, users of the Internet, or
PerDiem's Network.
PerDiem LLC reserves the right, in its sole discretion, to restrict, suspend
or terminate your access to all or any part of the this site and service, at
any time, including, without limitation, for overuse or abuse of this site,
without prior notice or liability.
Disclaimer of Warranties
This service is provided by PerDiem LLC on an 'as is' basis. Neither PerDiem
LLC, nor its partners, providers, or affiliates make any representations or
warranties of any kind, express or implied, as to the operation of the
service, its contents, or any information made available by or through the
service. PerDiem LLC disclaims all warranties, expressed or implied,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose, or any infringement. Furthermore, PerDiem
LLC does not warrant that use of the service will be uninterrupted,
available at any time or from any location, secured, and error-free. Every
reasonable effort has been made to assure the accuracy of the data provided;
nevertheless, some information may not be accurate. The burden of
determining the accuracy, timeliness, completeness or appropriateness of use
rests solely on you, the user.
Limitation of Liability
IN NO EVENT WILL PERDIEM LLC, ITS SUPPLIERS, ITS SERVICE PROVIDERS, OR OTHER
THIRD PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT
NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
THIS SERVICE; ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR
INFORMATION CONTAINED AT ANY OR ALL SUCH SITES; CONTENT ANYWHERE ON THE
INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY; INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOST
PROFITS, LOST DATA, OR BUSINESS INTERRUPTION; AGGREGATE LIABILITY OF PERDIEM
LLC OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS, OR THIRD PARTY AFFILIATES.
IN NO EVENT SHALL PERDIEM LLC BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY DAMAGES, OR ANY DAMAGES
WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY
INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF
PERDIEM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE
REMEDY SHALL BE TO STOP USING THE WEB SITE.
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