TIMETAP SERVICE
1.
What are Timetap's Terms &
Conditions?
The Timetap Service (the “Service”) is provided by Timetap LLC (“Timetap”, “we”, or “us”). As part of the Service, Timetap provides a website portal (the “Site”) that is accessible when you first access the Service and after you log in to the Service.
This Terms of Use agreement (“Agreement”),and any other rules posted on the Site or in connection with the Service, sets forth the legally binding terms for your use of the Service. If you are an individual using the Service on behalf of an organization, you represent and warrant that you have all necessary authority to bind the organization (hereinafter collectively referred to as “you”) to the terms and conditions of this Agreement.
Please read the Agreement carefully before registering for or using the Service. This Agreement is a legally binding agreement between you and Timetap. By proceeding to establish an Account or using the Service, you agree to be bound by the terms and conditions of this Agreement.
2.
Use Of The Service
Generally. In order to use the Service (and to become a “User”), you must create a Service account (“Account”) by registering on the Site to become a registered user of the Service..
2.2
Timetap Account. By creating an Account, you represent and warrant to Timetap that: (a) all registration information for your Account (including, but not limited to, your payment information) you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. When you register to establish an Account, you will also be asked to choose a login name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify Timetap immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, including, without limitation, any fees that accrue for any use of your Account from internet service providers.
2.3
Restrictions. You have no proprietary or ownership rights to a specific subdomain or other address, link or uniform resource locator (URL), log-in name, or password that you use in connection with the Service or that is provided by the Service.
2.4
Hardware Requirements. A compatible laptop, personal digital assistant or handheld device with Internet capability is required to enable operation of the Service. You are responsible for any fees or charges associated with the device and the use of the device. You must ensure your device is compatible with the Service. It is your responsibility to make sure the device being used to connect to the Service has a functioning Internet connection.
2.5
Additional Service. Services in addition to the basic Service may be subject to additional terms. Timetap will inform you of any such additional terms when you sign up for such services. Except as otherwise provided by such additional terms, any additional services will be considered part of the Service.
2.6
Third Party Service. The Service may allow you to access certain Internet Service and content that are provided by third parties for which you may have a separate relationship directly with such third parties (“Third Party Service”), including, for example, Facebook or Twitter connections provided on the Site. As described in this Agreement, however, you agree that Timetap shall bear no responsibility for such Third Party Service or your continued access to them via the Service. You are responsible for any fees for Third Party Service that result from your access to or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third Party Service through the Service and that your use of the Third Party Service is in compliance with the terms of use applicable to such Third Party Service
3.
Term And Termination
This Agreement will commence upon your first access to the Site or use of the Service and will remain in full force and effect unless and until (a) your Account is terminated as provided herein, or (b) you discontinue your use of the Service by logging out. You may terminate your Account at any time, for any reason by following the instructions on the Account webpage. Timetap may terminate your Account and/or stop providing the Service to you immediately: (i) if you are in breach of this Agreement; (ii) if Timetap decides in its sole discretion to stop providing the Service generally; or (iii) for any or no reason by giving you at least three (3) days of prior notice by sending an email to you at the email address in your Account. If you terminate your Account or Timetap terminates your Account pursuant to subsection “(i)” or “(ii)” above, Timetap has no obligation to refund you any fees. If Timetap terminates your Account pursuant to subsection “(iii)” above, Timetap will refund you a pro rata portion (based on the proportion of days remaining in any subscription of more than one day) of the fees that you have paid for a subscription for the terminated Account. You understand that any termination of your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Timetap will not have any liability whatsoever to you for any termination of your Account or Service, or related deletion of your information. Timetap may modify, suspend or discontinue the Service at any time, for any reason, at our sole discretion.
4.
Fees And Charges
Generally. Fees paid for the Service are non-refundable, except as noted in Section 3 above. You agree to pay to Timetap all applicable fees for the Service, including, but not limited to, the fee for the applicable subscription monthly, taxes, and other charges (such as sales, use, excise and other taxes) levied by governments. Timetap reserves the right to change the fees from time to time in its sole discretion. The fees for the Service are billed to the credit card you have specified for your payments for the Service. Timetap is not responsible for any expenses or charges (for example for exceeding credit card limits) resulting from the fees and charges billed by Timetap. Timetap may, in its sole discretion, suspend, or cancel delinquent Accounts and/or refuse the holders of such Accounts access to the Service.
4.2
Billing and Payment of Charges. You hereby authorize Timetap(through its payment card processing service provider) to charge the credit card you provide in your Account. Timetap will send you a receipt to your email address listed in your Account. For a monthly subscription, you agree that your credit card will automatically be charged by Timetap (through its payment card processing service provider) at the beginning of each month in your subscription, until you terminate the subscription via your Account page. If you revoke authorization to charge your card, or if for any reason your card issuer does not pay Timetap, Timetap may suspend the Service or terminate this Agreement.
4.3
Payment
Dispute. If you believe you have been incorrectly charged, you must
notify us of such disputed charges within the time provided for in your
credit card agreement or you waive your right to dispute those charges.
Please contact Timetap Customer Care at 1.XXX.XXX.XXXX or by email at
customercare@timetap.com, so that we can review your account. Timetap
may require you to describe the dispute in writing. Any written communications
concerning disputed amounts owed must be sent to: Timetap Customer Care,
P.O. Box XX , Atlanta, GA 30328.
5.
Proprietary Rights
You acknowledge that all the intellectual property rights in the Service and the underlying technology, and all content on the Site are owned by Timetap, or Timetap’s licensors. All rights not expressly licensed are reserved. You agree not to reproduce (except to view content on the Site for your personal purposes), reverse engineer, modify, or create derivative works based on, the Service or Site content. Except as expressly permitted under this Agreement, you agree not to rent, lease, loan, or sell access to the Service or provide the Service to any third party on a service bureau or time sharing basis or otherwise.
6.
Acceptable Use and Conduct
Acceptable Use Policy. You hereby agree to comply with Timetap’s acceptable use policy (“Acceptable Use Policy”), as described below. You will not use the Service to (or assist another person to):
(a)
Harm or threaten harm to persons or property
(b)
Harass other persons;
(c)
Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access
(d)
Engage in any fraud or misrepresentation;
(e)
Provide instructional information about illegal activities;
(f)
Interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same);
(g)
Infringe or violate another person’s rights, including privacy and intellectual property rights;
(h)
Knowingly distribute any virus or other malware;
(i)
Attempt to decrypt any encrypted or scrambled communications;
(j)
Introduce software or automated agents into the Service; or
(k)
Attempt to impersonate any other person, including any Timetap employees.
6.2
Breach. Timetap reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you, if you violate Timetap’s Acceptable Use Policy or any other provision of this Agreement, including without limitation, refusing to provide access to and use of the Service to you, terminating your Account, reporting you to law enforcement authorities, and taking legal action against you..
6.3
Use Limits. Timetap’s goal is to ensure that every user has a great experience. Towards that goal, Timetap may prioritize, restrict, or set limits (such as number of calendars, services or staff) on your use of the Service if it is deemed in excess such that other users of the Service are or will be negatively impacted. Timetap features and enhancements are subject to change at any time without notice. As with any computer network, response times of the Service may vary due to your device, atmospheric conditions, terrain, network capacity, and location. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed.
6.4
Content. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages, services, imagery, graphics, data, or any other information provided to or by third parties as accessible through the Service or Third Party Services.
7.
Disclaimers
The Service is provided “As-Is” and as available. Timetap and their partners and affiliates, expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. Timetap makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; or (c) the results that may be obtained from the use of the Service will be accurate or reliable. Except for certain services and products specifically identified as being offered by Timetap, Timetap does not control any materials, information, products, or services on the Internet that may be accessed through the site. You assume full responsibility for assessing and evaluating the completeness, accuracy, and usefulness of all such materials, information, products, or services, and their merchantability and quality. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in Internet communications and technology, and Timetap does not make any assurances or warranties relating to such risks.
You acknowledge that the third parties that provide the Third Party Services may, at any time, change the means by which the Third Party Services are accessed, and consequently, your ability to use the Service to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that Timetap shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third Party Services, and that Timetap makes no representations or warranties with respect to the Third Party Services.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8.
Limitation on Liability
In no event shall Timetap and each of their subsidiaries, affiliates, officers, agents, licensees, and other partners and employees be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if Timetap has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Timetap's liability (Including but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of Fifty US Dollars ($50) and the amounts you paid to Timetap in the twelve (12) months prior to the accrual of the claim, if any.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
9.
Indemnity
You agree to defend, hold harmless, and indemnify Timetap and each of their subsidiaries, affiliates, officers, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service, due to or arising out of your violation of this Agreement and/or due to or arising from your breach of any provision of this Agreement.
10.
General
10.1
Survival. The provisions under Sections 3, 4, 5, 6, 7, 8, and 9 will survive termination of this Agreement for any reason.
10.2
Governing Law and Venue. This Agreement shall be governed by the laws of the State of Georgia , without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Atlanta, Georgia, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
10.3
Assignment. All or any of Timetap’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition, or sale of all or substantially all of Timetap’s assets. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of Timetap, and any attempt to do so is void.
10.4
Other. This Agreement (which includes the Privacy Policy, Security Polivcy, the Acceptable Use Policy, and any other rules posted on the Site) constitutes the entire agreement between you and Timetap regarding the use of the Service. Timetap’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall inure to the benefit of you and Timetap and their heirs, administrators, successors and assigns.
10.5
Copyright /Trademark Information. Copyright © 2007 - 2008, Timetap LLC. All rights reserved. The copyrights, trademarks, trade names, logos, and service marks (“Marks”) displayed on the Service are Timetap’s property or the property of other third parties. You are not permitted to use these Marks without Timetap’s prior written consent or the consent of such third party which may own the Marks.
10.6
Amendments.We may amend this Agreement from time to time. If we make material changes to the Agreement, we will notify you by sending you an email to the email address specified in your Account. You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Service after that time shall constitute your acceptance of the amended Agreement.
10.7
Entire Agreement. This Agreement (including all incorporated documents and policies) sets forth the entire understanding and agreement between you and Timetap with respect to the subject matter hereof.
10.8
Notices. Timetap may give legal notice to you by means of a general notice on the Service, electronic mail to your email address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All legal notices given by you shall be mailed to: Timetap; ATTN: General Counsel; 1234 North Main Street, Atlanta, GA 30328