Legal

News To Live By Website User Agreement

Please read these Terms and Conditions before using or submitting content in any form or medium for publication. By continuing to use us, or by submitting content for publication on DannyHRubin.com, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at: newstoliveby.net. 

  1. General 

News to Live By, LLC (“NTLB”) operates a website, www.dannyhrubin.com, through which it provides news, information, career advice, and other services (hereinafter the “Site,” “Services,” or “Site and Services”). By accessing, browsing, or using this Site, you are a “user” of it, and acknowledge that you have read, understand, and agree to be bound by these terms using the Site and Services (the “User Agreement”).

This User Agreement grants you a limited, revocable, nonexclusive license to access the Site and Services and use the Site and Services, in whole or in part, including but not limited to NTLB intellectual property therein, solely in compliance with the User Agreement.

  1. Modification 

NTLB may post changes to the User Agreement at any time, and any such changes will be applicable to all subsequent access to or use of the Site and Services. If you do not accept and agree to all provisions of the User Agreement, now or in the future, you may reject the User Agreement by immediately terminating all access and use of the Site and Services, in which case any continuing access or use of the Site and Services is unauthorized.

  1. Intellectual Property 

Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or any content thereon, except as permitted under the last sentence of this paragraph, and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this paragraph), you may not distribute any part of the Site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as NTLB from time to time excerpts materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”

  1. Unauthorized Access and Activities 

To maintain the integrity and functionality of the Site and Services for users, access to the Site and Services and/or activities related to the Site and Services that are harmful to, inconsistent with or disruptive of the Site and Services and/or users’ beneficial use and enjoyment of the Site and Services are expressly unauthorized and prohibited. For example, without limitation:

  1. The collection of the Site and Services users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
  1. Any copying, aggregation, display, distribution, performance or derivative use of the Site and Services or any content posted on the Site and Services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access the Site and Services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access the Site and Services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, NTLB may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access the Site and Services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
  1. Any access to or use of the Site and Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Site and Services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
  1. Any effort to decompile, disassemble or reverse engineer all or any part of the Site and Services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
  1. Any activities (including but not limited to posting voluminous content) that are inconsistent with use of the Site and Services in compliance with the User Agreement or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of the Site and Services in any manner are expressly prohibited.
  1. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the User Agreement.

If you access the Site and Services or copy, display, distribute, perform or create derivative works from the Site and Services webpages or our intellectual property in violation of Part 3 of the User Agreement or for purposes inconsistent with the User Agreement, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on the Site and Services or any provision of the User Agreement that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

  1. Suspension or Cancellation of Site and Services 

NTLB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, Services, or any part thereof with or without notice to users. You agree that News to Live By, LLC shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site or Services. In addition, NTLB reserves the right to terminate your access to the Site for any reason, and to take any other actions that NTLB, in its sole discretion, believes to be in the interest of itself and of its users as a whole.

  1. Indemnification

You agree to indemnify and hold NTLB and its representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) Your use of or reliance on any Site content, (b) Your use of third party content accessed via the Site, and (c) any violation by you of the User Agreement. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by NTLB or its representatives. NTLB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

  1. Disclaimers

THE NEWS TO LIVE BY SITE IS AVAILABLE “AS IS.” NTLB DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, CAREER ADVICE, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. NTLB RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE, AND ALTHOUGH NTLB ENDEAVORS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, IT DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. NTLB IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

NTLB DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY INFORMATION OR CONTENT THAT IS AVAILABLE OR ADVERTISED ON THE SITE. NTLB DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENTDISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE.

THE SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY NTLB OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, TO ACHIEVE A PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, OBTAINING EMPLOYMENT OR PROMOTIONS.

NTLB IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE SITE. BECAUSE NTLB HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NTLB IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT NTLB DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NTLB SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply. 

  1. Limitation of Liability 

You hereby release NTLB and all of its representatives, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Site and Services or content accessed through the Site and Services, or any interactions with others arising out of or related to the Site and Services or content accessed through the Site. Without limiting the generality of the foregoing, you agree that NTLB is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies on the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use). Any claim against NTLB shall be limited to the amount you paid, if any, for use of the Site.

  1. Release of Information 

            NTLB’s Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us. If you seek the identity of or information regarding a user of the Site and Services in connection with a civil legal matter, you must serve NTLB with a valid subpoena.

NTLB reserves the right to disclose any personal information about you or your use of the Site and Services, including its contents, without your prior permission if NTLB has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend NTLB’s rights and property or our affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of Site users or others. NTLB’s performance of the User Agreement is subject to existing laws and legal process, and nothing contained in this USER AGREEMENT is in derogation of NTLB’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and Services or information provided to or gathered by NTLB with respect to such use.

  1. Miscellaneous
  1. Electronic Communications. When you use the Site and Services, or send e-mails to NTLB, you are communicating with NTLB electronically and you consent to receive communications from NTLB electronically. NTLB will communicate with you by e-mail or by posting notices on the Site and Services. You agree that all agreements, notices, disclosures and other communications that NTLB provides to you electronically satisfy any legal requirement that such communications be in writing.
  1. Arbitration. In the event a dispute arises concerning the meaning of a term or condition of the User Agreement or concerning either party’s performance of its obligations under the User Agreement, the parties shall use their best efforts to resolve the dispute amicably, including by meeting or teleconferencing at the earliest possible time. If such efforts fail to resolve the dispute, the parties shall arbitrate the dispute by utilizing the services, rules and procedures of the American Arbitration Association (AAA) governing commercial disputes. The arbitrator shall have authority only to interpret and apply this Agreement and shall not have authority to vary its terms and conditions. The arbitrator’s award shall be final and binding on the parties, except that either party may seek judicial relief for any alleged failure by the arbitrator to adhere to the preceding sentence, and either party may also seek judicial relief to enforce an award if necessary. You agree to pay all of Company’s costs and fees associated with arbitrating this matter or compelling arbitration of this matter provided you are found to be at fault.
  1. Severability. If any one or more of the provisions (or portions thereof) of the User Agreement shall for any reason be held by a final determination of a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of the provisions) of the User Agreement, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the parties.
  1. Sponsored Content Agreement. In addition to this Agreement, you may be bound by the Sponsored Content Agreement, if, in addition to consuming content on the site, you make use of the NTLB Sponsored Content service. To the extent that there is any conflict between the USER AGREEMENT with respect to Advertiser’s use of the Sponsored Content, the Sponsored Content Agreement shall control to the extent of such conflict.
  1. Waivers. The failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of the User Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.
  1. Application of Virginia Law. The User Agreement and the interpretations hereof, shall be governed exclusively by its terms and by the laws of the Commonwealth of Virginia, without reference to its choice of law provisions.
  1. Assignment.The User Agreement, and any rights you may have under it, may not be assigned or transferred. Company may freely assign this Agreement to any third party.
  1. Counterparts. The User Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
  1. Headings. All headings used in the User Agreement and its attachments are intended for convenience of reference only and shall not affect the construction or interpretation of the Agreement. Words of any gender used in the User Agreement shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
  1. Entire Agreement. The User Agreement constitutes the entire and exclusive agreement between you and NTLB, and supersedes all prior promises, representations, understandings and/or agreements relating to Company’s actions, services and conduct of business.

Disclosure of Material Connection

Some of the links in News To Live By posts are “affiliate links.” That means if you click on the link and purchase the item, I will receive an affiliate commission. Regardless, I only recommend products or services I use personally and believe will add value to my readers. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

As well, some content on News To Live By may be deemed a “sponsored post.” The company who sponsored it compensated me via a cash payment, gift, or something else of value to write it. Regardless, I only recommend products or services I use personally and believe will be good for my readers. This is disclosure is also in accordance with the FTC’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

News To Live By is a place where anyone can drop in to learn new ways to advance their career. My blog is not designed as a money-making racket; it is (hopefully) a useful resource to help you on your way. When News To Live By advice aligns with partners in the greater web community, that’s when affiliate or sponsored content comes into play. I only endorse what I use and value.

Hopefully, the above statements fully explain the nature of certain blog posts. If you have any questions, you can feel free to contact me.