Thank you for your interest in The Day Group Services. Please read these Terms carefully! By signing up or using one of the Services you’re agreeing to the Terms of Use. This is a legal agreement.

The Day Group (“The Day Group” or “Day Group”) is an information service provider that offers as its primary product annual subscriptions to 12 monthly newsletters on current technology trends (the “Service(s)”) through URL http://www.thedaygroup.net (the “Website”). The Day Group [d/b/a Windward Rock Research], is a Connecticut limited liability corporation (“The Day Group”, “we”, or “us”). The Day Group has employees, independent contractors and representatives (“our Team”). As a customer of the Service(s) or a representative of an entity that’s a customer of the Service(s), you are a “Subscriber” according to this agreement (or “you” or “your”). These Terms of Use (these “Terms,” including our Privacy Policy,) define the terms and conditions under which you’re allowed to use Day Group Service(s).

ACCOUNT

1. Eligibility

In order to subscribe to Day Group Service(s), you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to the Terms; and
  4. provide true, complete, and up to date contact information.

By using Day Group Service(s), you represent and warrant that you meet all the requirements listed above, and that you won’t use Day Group Service(s) in a way that violates any laws or regulations. The Day Group may refuse to provide the Service(s), close accounts of any users, and change eligibility requirements at any time.

2. Term

For a prepaid annual subscription plan, a Term begins the month immediately following when you sign up and prepay for a Day Group Service and continues for 12 consecutive months beginning with the first month of the Term. For a monthly pay-as-you-go plan or a single charge one time service, the Term is the month immediately following when you sign up and prepay for the Service. Each Service you sign up for will have its own independent Term. Clicking the button and entering your username means that you’ve officially “signed” the Terms of Use. If you sign up for Day Group Service(s) on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms of Use on their behalf.

3. Closing Your Account

You or The Day Group may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service(s) to you at any time, with or without cause. If either we or you terminate your account without cause, we will refund the prorated unused portion of your annual prepayment. We will not refund you once we have fulfilled a monthly pay-as-you-go plan service or a single charge one time service. We will not refund you if there is cause, such as a violation of these Terms of Use or of our Acceptable Use Policy. Once terminated, we may permanently delete all the data associated with the Agreement, including emails to and from our Website. If you cancel annual renewal of our Service(s) prior to your annual date of auto renewal (the same annual date or closest to date of the first day of the initial Term), we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

4. Changes

We may change any of the Terms of Use by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Day Group Service(s). We reserve the right to change the Website, the Service(s), or any features of the Service(s) at any time.

5. Mail Address Changes

(a) By Mail: If you choose to receive Day Group Service(s) by mail it is your responsibility to notify us of your physical address. You are also responsible for promptly advising us of a change in physical address. While we will attempt to contact you by other means of a non-deliverable address on your account, we are not responsible for our inability to deliver Day Group Service(s) due to your not advising us of a change in physical address. This means that our obligation for that month of delivery under such circumstances will be treated as fulfilled against the prepaid annual Subscription.

(b) By Email: If you choose to receive Day Group Service(s) by email it is your responsibility to provide us with your email address. You are also responsible for promptly notifying us of a change in email address. While we will attempt to contact you by other means to advise you of an email address delivery problem, we are not responsible for our inability to deliver Day Group Service(s) due to your not advising us of a change in email address. This means that our obligation for that month of delivery under such circumstances will be treated as fulfilled against the prepaid annual or monthly Subscription.

6. Account and Password

You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

7. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on the email address associated with that account, and if multiple people or entities are identified in follow-up communications, then we'll rely on the contact information listed for that account.

7.1 Annual Service Plans

Our charges for annual Service(s) are posted on our Website and may be changed from time to time. Payment is due upfront for annual Day Group Service(s). Subsequently on the same annual date (or closest to date) of the first day of the initial Term (the “Pay Date”), the same Service(s) will be renewed for the following year by automatic debit to the credit card on file for your account at the then prevailing posted price for the Service(s) being renewed.

7.2 Monthly Pay-As-You-Go Plans

You may pay monthly for your Day Group Service(s) instead of signing up for an annual plan. This is explained on the pricing page on our Website. If you choose a Monthly Pay- as -You- Go Plan, your credit card account on file will be automatically debited each month for the then monthly rate posted on the Website (which may be changed from time to time) on the closest date to the day you made your first monthly payment (the ”Pay Date”). You will still be considered a Subscriber and other than the monthly payment requirement, all the terms of this Agreement will still apply to you.

7.3 Single Charge One Time Services

One time offered services are paid for in advance. This is explained on the pricing page on our Website. For these services your credit card account will be automatically debited one time for the rate of the service at the then rate posted on the Website (the ”Pay Date”). You will still be considered a Subscriber and other than the one time advanced payment requirement, all the terms of this Agreement will still apply to you.

7.4 Credit Cards

As long as you are a Subscriber or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the annual or monthly charges against that credit card. You will replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If we are unable to process your credit card order, we will try to contact you by email and will suspend your account until your payment can be processed.

7.5 Refunds

We will give you a refund on a prorated basis for all prepaid months that we stop providing our Services to you for a reason that is not laid out in these Terms. You will not be entitled to a refund from us under any other circumstances, though we may offer a refund if a Subscriber applies for one due to a change in job status.

7.6 Charges for Add-Ons

Some features are offered as add-ons to your Day Group account. If you add on a feature that has a charge, then you will be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (“Additional Terms”). If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.

7.7 Billing Changes

We may change our fees at any time by posing a new pricing structure to our Website and/or sending you a notification by email.

Rights

8. Proprietary Rights Owned By Us

You will respect our proprietary rights in the Website and the software used to provide Day Group Service(s). Proprietary rights include, but are not limited to, any patents, trademarks, service marks and copyrights.

9. Privacy Policy

You agree that we may access, collect, use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

Rules and Abuse

10. General Rules

You promise to follow these rules: 1. you will not copy or retransmit Day Group content without our explicit consent and/or attribution. If you violate any of these rules, then we may suspend or terminate your account.

11. Reporting Abuse

If you think anyone is violating any of these Terms of this Website, please notify us immediately. If you receive suspect spam you think came from The Day Group, please report it to privacy@thedaygroup.net. The best way to tell whether an email was sent from The Day Group is our custom footer at the bottom of the message that includes our registered address. If you think anyone has posted material that violates any copyrights, then you can notify our legal department legal@thedaygroup.net.

12. Compliance with Laws

You represent and warrant that your use of Day Group Service(s) will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service(s), then we won’t be liable if our Service(s) doesn’t meet those requirements.

13. U.S. Export Controls

The software that supports the Services (the "Software") is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. By agreeing to the Terms you agree not to download, distribute or otherwise export or re-export in violation of United States export laws. You’re downloading and using our Services at your own risk.

LIABILITY

14. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

15. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service(s) as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Day Group Service(s) for a variety of reasons, we can’t guarantee that it will meet your specific needs.

16. Indemnity

You agree to indemnify and hold our Team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

17. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

18. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

19. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

20. Disclaimers

We disclaim and aren’t responsible for the behavior of any advertisers, linked websites or other Subscribers.

FINE PRINT

21. Notice to U.S. Government End Users

The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is The Day Group d/b/a Windward Rock Research, 75 Holly Hill Lane, STE 100, Greenwich, CT 06807.

22. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

23. Choice of Law

The State of Connecticut laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service(s). Any dispute related to the Terms, the Privacy Policy, or the Service(s) itself will be decided by the state and federal courts in Fairfield County, Connecticut, and each party will be subject to the jurisdiction of those courts.

24. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service(s), from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

25. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.

26. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

27. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

28. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain additional Service(s) (the "Additional Terms "). The Additional Terms will be considered incorporated into these Terms when you activate the feature. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

29. No Changes in Term at Request of Member

Because we have so many Subscribers, we can’t change these Terms for any one Subscriber or group.

30. Further Actions

You’ll provide all documents and take any actions that are necessary to meet your obligations under these Terms.

31. Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened.

32. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to legal@thedaygroup.net, or to any addresses as we may later post on the Website.

33. Entire Agreement

These Terms, our Privacy Policy (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate an additional Service(s). Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Updated April 19th, 2017