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The New Day Club - Mequon WI

Nobody is ever alone........

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This Web Site is sponsored by The New Day Club. These Terms of Use were last updated on March 2008. By accessing and using the Web Site, you are agreeing to be legally bound by these Terms of Use. If any of these terms are unacceptable to you, you may not access the Web Site until agreement has been reached between you and the site. The terms "you" and "User" refer to anyone who accesses the Web Site. The site may change these Terms of Use at any time without notice. The current version of the Terms of Use will be posted at the Web Site. Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read the Terms of Use at the Web Site from time to time for changes. The sponsoring organizations of the Web Site are collectively referred to herein as the "Sponsors."

1. USE OF THE WEB SITE  New Day Club hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site under the terms set forth below. The Web Site and content displayed on the Web Site, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, and charts (collectively, the "Content") may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast, or circulate any Content for any commercial purpose without the express prior written consent of Rob . Except for data that is in the public domain, the Content is the property of the New Day Club, or its licensors, and is protected by copyright and other intellectual property laws. You may reproduce, distribute, display, or transmit portions of the Content for non-commercial purposes and without charge, to a limited number of individuals, provided:

1. you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site;
2. you do not modify the Content or delete portions of the Content so as to misrepresent or distort the Content in any manner; and
3. you include the following credit on all such redistributed Content: "Copyright © 2008 New Day Club. All rights reserved. Used with permission from wdug.com." You may not post any Content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of The New Day Club. To request consent to use the Content outside the scope of these Terms of Use, you may contact the New Day Club through the contact feature accessed on the Web Site home page. All trade names, trademarks, service marks, and other product and service names and logos on the Web Site and within the Content (collectively, the "Marks") are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Except as expressly permitted by these Terms of Use, nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of the site or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content is strictly prohibited. You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by the site to protect the proprietary interests of newdayclub.com and its licensors in the Content and the Marks.

2. LIMITATION ON WARRANTIES AND LIABILITY You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. None of the Sponsors will pay you any damages in connection with your browsing or use of the Web Site. The Web Site includes opinions that must be construed solely as statements of opinion and should not be construed as statements of fact. The Sponsors rely on information provided by third parties and do not perform audit services. None of the Content should be construed as an endorsement of the accuracy of any of the data or conclusions, or as an attempt to independently assess or vouch for the financial condition of any institution. Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, omissions, or inaccuracies in the Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. NONE OF THE SPONSORS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE SPONSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. NO SPONSOR SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR, OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE SPONSORS NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS, OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. NO SPONSOR WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL ANY SPONSOR, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.

3. LINKS TO OTHER WEB SITES You may, through hypertext or other computer links, gain access to web sites operated by persons other than newdayclub.com. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that the Sponsors are not responsible for the content or operation of such web sites, and that the Sponsors shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that any Sponsor endorses the content on that web site or the operator or operations of that site. When you use other sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages. The Sponsors assume no responsibility for the use of third party software on the newdayclub.com site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

4. TIMELINESS OF CONTENT The Content displayed on the Web Site, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice. The Sponsors do not guarantee or warrant the accuracy, timeliness, or completeness of any Content you receive using the Web Site.

5. ADDITIONAL LEGAL TERMS This Agreement will continue until terminated by either newdayclub.com or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate. The New Day Club may discontinue or change the Web Site, or its availability to you, at any time. This Agreement constitutes the entire agreement between the parties relating to the Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of newdayclub.com to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Wisconsin, as if the Agreement was a contract wholly entered into and wholly performed within Wisconsin. All rights not expressly granted herein are reserved.

6. ANTI-HACKING PROVISION You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:

1. use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or Content found on or accessed through the Web Site without prior express written consent;
3. obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
4. in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its Content;
5. violate the security of the Web Site or attempt to gain unauthorized access to the Web Site Content, data, materials, information, computer systems, or networks connected to any server associated with this Web Site, through hacking, password mining, or any other means;
6. interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, Content, or other information prior to the time that it is intended to be available to the public on the Web Site;
7. take or attempt any action that, in the sole discretion of this Web Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation's infrastructure.