User Agreement and Terms or Service
Terms are Subject to Change at Any Time.


A. USER AGREEMENT AND TERMS OF SERVICE: USAGAYTODAY.com
These Membership Terms and Conditions (Agreement) are legally binding upon you when you choose to become a member of this web site, USAGAYTODAY.com (The "Site").
This Site and related sites are offered, to you free of charge by The Providence Telephone and Website Company. Please read the Membership Terms and Conditions carefully before registering as a Member.

If you do not agree to be legally bound by all of these Terms and Conditions, then DO NOT USE THIS WEB SITE.

1. Acceptance of Membership Agreement and Terms and Conditions of Use
1.1 By Accepting our Membership  Agreement and Terms of Service  you will be deemed to have consented to and agreed to be legally bound by our Membership Agreement and Terms of Use as outlined in Sections 1 through 11.2

1.2 We reserve the right to change or update the Membership Agreement and Terms of Use from time to time. Any revisions may be posted on the web site or we may place a notice on the website urging you to review the updated Membership Agreement and Terms of Use. Your continued use of the website will signify your continued consent and agreement to be legally bound by the Membership Agreement and Terms of Use and by any changes we may make in the future. You agree to re-read this section regularly to keep informed of any changes we may make.

1.3 You agree to assume all risk and liability as a result of your use of this web site, or related websites and agree to hold us, our owners, agents, employees, vendors, suppliers and successors in rights totally harmless. You agree to release us, our owners, agents, employees, vendors, suppliers and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out your use of this or related websites.

WARNING: You may read, see or hear materials posted on this site which are misleading, false or offensive. Other users may lie to you or mislead you. Photos or videos uploaded by members may have been altered.

We do not investigate the “background” of users.
We do not verify the accuracy or truthfulness of profiles, comments or postings of any kind.

Any decision made by you, or actions taken by you on the basis of information you obtain in whole or in part via this site, or related websites is at your sole discretion and risk.

You agree and acknowledge that we, our owners, agents, employees, vendors, suppliers and successors in rights assume no responsibility for your actions and/or their consequences.

Do not share personal information about yourself with anyone at anytime. Ever.

No employees of this website will ever ask for personal information about you, your password, or your e-mail address. If someone contacts you, claiming to work for this website, they are lying to you!

1.4 Please read our Privacy Policy in full.
Briefly, we will never share with anyone, at anytime, personally identifiable information about you. But we may, at our sole discretion share with 3rd parties demographic information about the users of this web site or target advertisements based on the demographic information we obtain. As with most other web site we place a “cookie” on your browser when you visit this web site.

1.5 We will send to you, via e-mail, on a weekly basis, our free blog/ newsletter USAGAYTODAYWEEKLY.com which deals with issues facing the members of this web site. You can unsubscribe to this newsletter at anytime after receiving your first issue.

1.6 You, and only you, are legally responsible for your postings to this web site. However your personal “reviews” “satire” “comments” or “opinions” are legally protected free speech. However, do not post anything as “fact” unless you can legally prove that it is, or unless it has been reported by a legacy or reputable news organization and attributed to that organization by you. As a rule of thumb, rumors are rarely true. As a regular practice, we do not remove postings made by members. We will however at regular intervals delete older postings to this web site, and we will delete sections of the forum or reviews which generate few new comments. We do this solely to “clear memory” on our servers. We do not want to stifle free and open debate.

Under Federal Law, we cannot be sued for anything posted on this website by members even if the statements are false and/or defamatory. Only the person who posts the material can be sued. See Link

1.7 You agree to immediately report to us anyone whom you suspect might pose a danger to minors. You can also contact the FBI directly on line by using this link

2. Description of Membership
2.1 As a Member, you can take advantage of many services on the Site for free. Some areas of this site offer products for sale and these items are not free. Many of these products are offered for sale by 3rd parties and you agree to hold us completely harmless for any transaction you may conduct with these 3rd parties. We make no representation as to the quality of those products. All complaints about those products should be directed to the seller of the products. Special caution should be used when buying or selling using our Classified ad section. Just like a newspaper we are NOT responsible for any transaction you may conduct thru the Classified ad section.

3. Age of Consent/Password and Member Name
3.1 You must be 18 years of age or older to register as a Member and to use this site.

3.2 Upon registration you will select a Password and Member Name that you can use to access this web site.

3.3 You are responsible for maintaining the confidentiality of your Password and Member Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the website and will not be liable if your Password or Member Name are used by someone else. We suggest you change your password often.

3.4 You agree to notify us immediately of any unauthorized use of your Password or Member Name or any other breach of security of which you become aware.

4. You State to Us As Fact, Under The Penalty of Perjury:
4.1. You are at least 18 years of age;

4.2 All information and details provided by you to us are true and accurate and there are no federal, local, state or county laws which would bar your membership to this site.

4.3 You will comply with all of our Membership Terms and Conditions

4.4 You agree to indemnify and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and Membership arising from any breach or suspected breach of these Membership Terms and Conditions by you or your violation of any law or the rights of any third party.

5. How We May Monitor This Site
5.1 We might review profiles, we might check postings when certain keywords are triggered or flagged and we might log chat room exchanges. We have the capability to enter a chat room anonymously. We have the capability to delete and/or approve profiles. We may be required by law to access, monitor, store or copy material sent among Members without further notice to you. Members are urged to “flag” users who violate our Terms of Service. Remember: Cyber-Stalking is a felony and we assist law enforcement in prosecuting cyber stalkers.

You Agree Not To:
6.1 Stalk, say, post, imply, suggest or do anything that would frighten or cause fear or annoyance, anxiety, inconvenience, or harassment of others by, (but not limited to) spreading false and damaging rumors about another member, using foul, threatening or offensive, racist, sexist, ageist, homophobic or sexually explicit language or by engaging in disruptive activity on the site.

6.2 Advertise or promote third party or your own products or services or to send “spam” to other members, use the site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "investment scams” or attempt to “harvest e-mail addresses”

6.3 Distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may encourage illegal activities or that causes or may cause harm to minors or that might cause great uproar or chaos on the site.

6.4 Impersonate another person or member or access or attempt to access the accounts of other members, to penetrate or attempt to penetrate the Site security measures, transfer files that contain viruses, or other harmful programs or to “reverse engineer” the software of this site, “hack” into the site, link this site to other sites, or link other sites back to this site, engage in “denial of service attacks” or engage in any activity which, in our sole belief damages, or could damage the site, its hardware or software, its reputation, or put its members at risk or cause annoyance to the members of this site. All such activities are reported to the FBI for prosecution.

6.5 We may take any or all of the following actions against you:

6.6 Remove your profile or other material which, in our sole discretion may be inappropriate or we suspect to be illegal, subjecting us to liability or which may violate the Membership Terms and Conditions or where required to do so by law;

6.7 Issue verbal or e-mail warnings, suspend or terminate your membership without notice, contact the police and/or FBI and provide them with information regarding any suspected illegal activity, (including but not limited to) your name, IP address and any other information we might possess. We might bring legal action against you or other users of the site. If you violate state or federal laws, harm, disrupt or damage this website, you will forfeit (without recourse of any sort and at our sole discretion) all rights to privacy.

6.8 If a dispute arises among users of this website or among users of this website and any third party, we under no obligation to assist in the resolution of the dispute. Furthermore you agree to release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

7. How to Terminate your Free Membership
7.1. You can cancel your free membership by simply deleting your profile. Although no longer available to other members, your postings may remain on our servers for an indefinite period of time.

8. Copyright and Other Intellectual Property Rights
8.1 Your use of the Site grants you no rights in relation to copyright, trade marks or other use of our intellectual property rights or the intellectual property rights of third parties. If you suspect copyright infringement report it to us by using the Copyright Link on this website. Please describe where the offending picture or article is located. If you are the rights holder, please indicate where/how we can contact you for more information.

8.2 You may not link other websites to this website without our written permission.

8.3 By posting an item on this website you give us permission to use that item on this website.

9. Limitation of Liability
9.1 We will use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, We do not warrant that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.

9.2 Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, power failure, computer failure, or necessary maintenance or repair or for reasons beyond our control.

9.3 All content and services on this Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other Members. We do not vet Member profiles or postings to this website to ensure that they are appropriate, accurate, correct or true. Any decision made by you or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk.

9.4 Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.

9.5 We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by you or other Members of the Site that is in contravention of these Membership Terms and Conditions or is not directly attributable to our gross negligence. Remember: Any decision made or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk.

9.6 Your Obligation to Indemnify. You agree to indemnify, defend and hold our owners, agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of this Program, the Property(ies), and/or Your breach of any term of this Agreement. If an action is brought against us due to your actions we may ask you to pre-pay our legal expenses.

10. General
10.1 We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.

10.2 If any of these Membership Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

10.3 A material part of this Agreement is that you agree to arbitrate any and all disputes arising out of, under, or in connection with this Agreement including without limitation, its validity, interpretation, performance, and breach. Such disputes shall be submitted to binding arbitration in The State of Rhode Island and Providence Plantations to the American Arbitration Association in East Providence, Rhode Island The arbitrator issues binding decisions, enforceable under state and federal law. You agree to abide by the ruling and will not challenge the ruling in any local, state or federal court or in any Court located outside the United States.

10.4 Legal Fees and Jurisdiction
You agree that the prevailing party shall be awarded all costs associated with the claim, including reasonable attorney fees and the ordinary costs and expenses incurred in resolving the dispute. You agree that all claims shall be brought in The State of Rhode Island and Providence Plantations. This Agreement shall be interpreted under the laws of the State of Rhode Island.

11. Complaints and Feedback
11.1 If you have any comments about any aspect of this site or if you have any questions contact Us by e-mailing: Help@USAGAYTODAY.com

11.2 YOU AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS AND STATE THAT YOU ARE AT LEAST 18-YEARS OF AGE.

September 1, 2009 Version 1.0
User Agreement and Terms of Service

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