PLEASE READ CAREFULLY. Welcome to Experience Distilled (“ExpD”), a web-based application operated by TIME AND TASKS LLC, a Florida limited liability company, or its assignee or designee (“Operator”). ExpD assists distilleries with their distillery operation-specific calculations, identifying and improving profitability, streamlining and documenting their daily tasks and responsibilities, identifying and optimizing cost of goods sold, enhancing organizational and managerial efficiency, implementing processes across a distillery's supply chain, providing options for compliance and industry best practices, and other consulting services and assistance. All services provided by ExpD and all related applications, updates, APIs, widgets, modules, arrangements, support and content found on ExpD, are collectively referred to as the “Service” or “Services.” This Terms of Service (also referred to as the “Agreement”) applies to the Service and is a contract between Operator and You as the Service user (an entity and/or an individual, as applicable). “SaaS” refers to software as a service. This Agreement contains the terms and conditions governing Your access to and use of the Service and any related Services provided by Operator or one its affiliates, subsidiaries, or other authorized entities (collectively “Operator”). This Agreement refers to You and/or Your organization as the “User” or “You,” which includes You individually as well as any person, company, organization or other entity on whose behalf You use the Service, and You warrant and represent You are authorized to use the Service on their behalf. This Agreement may also refer to Operator as “we”, “us”, or “our.” IF YOU DO NOT ACCEPT THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH THE PROVISIONS HEREOF, YOU MAY NOT USE THE SERVICE.
You may only use the Service if You accept and agree to all the terms and conditions of this Agreement and all terms, policies, guidelines and disclosures on the Service, which are expressly incorporated herein by reference. BY ACCESSING OR OTHERWISE USING THE SERVICE, OR BY CHECKING THE BOX BESIDE THE STATEMENT “I agree to the Terms of Service and Privacy Policy,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT. If You do not agree to be bound by this Agreement, do not check the box beside the statement “I agree to the Terms of Service and Privacy Policy,” and do not access or use the Service. Operator reserves the right, at any time, at its sole discretion, to change, amend, or otherwise modify this Agreement without prior notice to You, effective upon posting on the Service, and Your continued access or use of the Service will indicate Your acceptance of the changed, amended, or otherwise modified version of this Agreement. Note that receipt or use by any person of any information provided by the Service, at any time and through any means, whether directly or indirectly, represents an acknowledgement by such person of, and agreement by such person to, the terms and conditions of this Agreement. This Agreement limits our liability and disclaims warranties for the Service to the maximum extent permitted by law. Please read these and other sections of the Agreement carefully.
YOU MAY ONLY USE THE SERVICES FOR LAWFUL PURPOSES AND IF YOU ARE AT LEAST 18 YEARS OF AGE. BY USING THE SERVICES, YOU REPRESENT AND WARRANT TO OPERATAOR THAT YOU ARE AT LEAST 18 YEARS OF AGE. DO NOT USE THE SERVICES OR PROVIDE US WITH ANY INFORMATION ABOUT YOURSELF IF YOU ARE NOT AT LEAST 18 YEARS OF AGE.
VOID WHERE PROHIBITED. YOU SHALL NOT USE THE SERVICES IN ANY JURISDICTION WHERE ITS USE IS PROHIBITED, INCLUDING, WITHOUT LIMITATION, WHERE THE SERVICES ARE PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LAWS, RULES, REGULATIONS, ORDINANCES, CODES, JUDICIAL AND OTHER GOVERNMENT ORDERS (“LAWS”) APPLICABLE TO YOUR USE OF THE SERVICES AND ANY BUSINESS YOU OPERATE.
THE SERVICE AND THE SERVICES (AS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SERVICE. OPERATOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. OPERATOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS SERVERS, AND EMAIL MESSAGES SENT FROM OPERATOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While Operator endeavors to provide and to allow others to provide useful information, the Service and related outputs and information are provided merely for convenience. You acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete or may contain inaccuracies, and that information on the Service may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that information contained on the Service is based on the data obtained by or submitted to Operator, which may be incomplete or inaccurate, and may rely on interpretations of the information gathered by or submitted to Operator. Neither the information contained on, nor the services provided through the Service, are an endorsement of any particular product or information, or are a guarantee of a product's or information's quality or other characteristics. Under no circumstances does Operator or the Service provide medical, psychological, financial, legal, or other professional advice, and any information or statements provided by Operator or on the Service shall not be construed as such. Use of the Service does not establish any kind of professional relationship, including, without limitation, medical, psychological, or legal. Information or other statements provided on the Service are for informational purposes only, without warranties of any kind, including no warranties of accuracy or completeness, and shall not be relied upon for making decisions. You are responsible for independently verifying information and calculations obtained from the Services before using it, and you are responsible for your own conduct and decisions. You agree to be solely responsible for Your use of the Service and for the legality and accuracy of any information or content You provide, post, publish, or upload to the Service.
OPERATOR MAY AT ANY TIME EXPAND, MODIFY, EDIT, REDUCE, AMEND, OR ELIMINATE ANY OR ALL COMPONENTS OR ASPECTS OF THE SERVICE, IN ITS SOLE AND ABSOLUTE DISCRETION. The Services will be developed and implemented on a schedule, and in priority of segments, as Operator determines necessary or desirable. Exact commencement/start dates for various functionalities of the Services may vary or deviate from estimates, without liability to Operator.
“Service” means online access to certain products, services, functionalities, and any other services owned or provided by Operator in connection with allowing Users to streamline and document a distilling team's daily tasks and responsibilities, and any related or derivative products or services provided by Operator.
“Content” means any information posted, uploaded, published, or otherwise provided to, upon, or within the Service, whether by Operator, Operator's agents, a User, or an unauthorized third party, in any form or format, expressly including but not limited to any documents, text, graphics, video, images, links, or any other data in any format, published or posted on the Service. You are solely responsible for the Content You provide to the Service.
“Customer” means the individual or entity that subscribes to the Service.
“Feedback” means and includes all comments, feedback, suggestions and ideas disclosed, submitted or offered to Operator in connection with Your (or any User's) use of the Service, or otherwise related to the Service or proposals relating to modifications to the Service.
“User” refers to any individual or entity that uses any aspect of the Service, including You and any person, company, organization, or other entity on whose behalf You use the Service.
“Administrator” refers to an individual appointed by the Customer to manage Customer's use of the Services and the use of the Services by Customer's Users.
“Subscription” means any software or Service provided by Operator, including but not limited to any of the ExpD applications, manuals, and other Services provided by the Operator and all related collateral materials.
“Order Form(s)” refers to the original, or upgraded Subscription, SaaS Order Form, executed by You and Operator for your ExpD Subscription, detailing Your Users, Total Monthly Subscription Fee, Onboarding Fee, and the type of Operator Service to be made available by Operator pursuant to this Agreement.
“Subscription Fee” refers to the base monthly fee(s) amount multiplied by the number of Users, as indicated on your Order Form.
“Onboarding Fees” refers to the fees defined in the Order Form and agreed to by You and payable to Operator for installation of the Service.
This Agreement is an electronic contract that sets out the legally binding terms of Your access to, registration with and/or use of the Service. This Agreement includes Operator's Privacy Policy and all other terms and notices posted on the Service, which are expressly incorporated herein by reference. By accessing the Service or registering on the Service, You accept this Agreement and agree to the terms, conditions and notices contained or referenced in this Agreement. By accessing the Service you consent to have this Agreement provided to you in electronic form.
To receive a non-electronic copy of this Agreement, please send an e-mail to support@timeandtasks.com, or Operator and self-addressed stamped envelope to our address requesting a non-electronic copy of this Agreement. You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password. This means that You will not have the right to use the Service unless, and until, we issue You a new username and password. We will only issue You a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request, or after You again follow the steps outlined in this Agreement. To withdraw Your consent to have this Agreement provided to You in electronic form, please send an email to support@timeandtasks.com. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to and electronically signed by You prior to the effective date of Your withdrawal. Physical Address: 83 Geneva Drive 622493, Oviedo, FL 32765.
In general, the Service is intended to assist Users in calculating distillery-specific data and streamlining a distilling team's daily tasks and responsibilities. Users may only use the Service for purposes authorized by Operator.
Customer shall specify one or more Administrators who have will have the rights to access the Administrator accounts. An Administrator will have the ability to access, monitor, use, modify or withhold data or Content associated with any User accounts and shall have the ability to control each User's access to the Services. An Administrator may also have the ability to: (i) control account settings for User accounts, (ii) remove or disable any Services for any of the Users, (iii) restrict or remove Customer Content, and (iv) monitor, restrict, or terminate access to User accounts. Operator is not responsible for internal management or administration of the Services for Customer or Users.
Customer is responsible for maintaining the security of the User accounts, IDs and the passwords associated therewith. Customer is responsible for each User's access to the Services and use, and shall instruct its Users on safeguarding the account. Users will have access to all Content provided by Customer (“Customer Content”). Customer shall be responsible for all Customer Content and the security of the User IDs assigned to Customer and Users and any passwords and other access protocols required in order to access the Services. Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content.
If, in Operator's discretion, any aspect of the Service requires third party support (from “Third Party Servicers”), for example, without limitation, integration with third party applications, websites, or services (“Third Party Applications”), Operator may retain Third Party Servicers in its sole discretion and at its sole cost and expense. Operator does not guarantee and is not responsible to User for the terms of any Third Party Servicer, nor for the quality, competency, value, completeness, reliability, responsiveness, or accuracy of the contents, substance, or functionality of Third Party Applications, or any malfunction or other failure of Third Party Application. User shall be subject to any Terms of Service and Privacy Policy of a Third Party Servicer, which User acknowledges and agrees Operator has no control over or liability from. User shall commit no act or omission that causes Operator to breach any third party's Terms of Service.
You acknowledge and agree that Operator does not endorse and is not responsible or liable for the behavior, gestures, or content of any Third Party Application or any transaction you may enter into with the provider of any Third Party Applications, and you expressly relieve Operator from any and all liability arising from your access or use of any Third Party Applications.
YOU ACKNOWLEDGE THAT THIRD PARTY CONTENT PROVIDERS AND OPERATORS OF THIRD PARTY APPLICATIONS ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY PROVIDE. YOU AGREE THAT THIS'S PROVISION OF ACCESS TO THE CONTENT IN NO WAY MAKES THIS RESPONSIBLE OR LIABLE FOR THE TRUTH, ACCURACY, OR LEGALITY OF THIRD-PARTY CONTENT.
Operator hereby grants You a limited, terminable, non-exclusive right to access and use the Service only for the purposes described in this Agreement and for no other purpose (the “License”). The Service is licensed, not sold, to You by Operator for use only under the terms of this Agreement. Operator and its licensors retain ownership of the Service itself and all intellectual property embodied therein, and reserve all rights not expressly granted to you. This is a non-exclusive license, without the right to assign or sublicense. This Agreement does not grant you any rights to use the Service, including any proprietary interfaces and other intellectual property in the design, manufacture, licensing or distribution of third-party devices and accessors or third party software application. You may not use the Service for any illegal activity or to violate any laws. This authorizes You to view the materials on the Service solely for authorized purposes. You agree that You are solely responsible for the truthfulness, accuracy, and reliability of any Content You provide to the Service and any consequences arising from such posting. Your use of the Service is a privilege. Operator reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion. Each person who uses the Service must have a separate username and password as needed.
Administrative and Management users must provide a valid email address for each person authorized to use the Customer's account, and the Customer may only create one account per email address. The Customer must provide any other information requested by the Operator in order to complete the registration process.
The parties acknowledge and agree that the Service is provided “as is” at all times. Operator may update or modify the Service from time to time for any or all of its Users (“Updates”). All Updates provided by Operator shall become part of the Service licensed pursuant to this Agreement.
Operator's response to issues relating to the Service will be handled in accordance with Operator's schedule. In no event will Operator be responsible for delays in response or its provision of the Service, nor for delays caused by Third Party Servicers, nor other reasons beyond Operator's control.
Your access to the Service is conditioned on Your adherence to this policy. Any violation of this section may result in immediate suspension or termination of Your privileges hereunder. Determinations of violations will be made at the sole discretion of Operator and may be implemented without warning or the ability to cure.
Users shall not, in the course of its use of the Service, or use the Service as a means to:
You acknowledge that Operator is merely an intermediary that provides a digital connection for Users. Operator is not a party to any transaction. You expressly waive and release Operator, and Operator's officers, members, agents, subsidiaries, and employees from any and all claims, demands and damages (actual and consequential) of any kind and nature, known, and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Your use of the Service, Your misuse of the Service, or Your violation of any term or provision of this Agreement.
Engaging in prohibited activities, or if, in our sole determination,You are abusing Operator, its staff, another User, and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate Your user account(s) and access to our Service, delay or remove Your Content, remove any special status associated with Your account(s), remove, not display, and/or demote Content or data, reduce or eliminate any discounts, and take technical and/or legal steps to prevent You from using our the Service or any related services.
Operator may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services and the right to use the Service to anyone for any reason at our discretion.
User represents, warrants and covenants that any Content and/or materials provided by User for use in connection with the Services will not violate any laws or regulations or third-party intellectual property rights, including without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. User hereby grants Operator a non-exclusive, worldwide, royalty-free license to use User's Content and materials in connection with providing the Services. You are solely responsible for the Content You post. You represent and warrant that, for all Content You provide, You own or otherwise control all necessary rights to do so and to meet Your obligations under this Agreement. You represent and warrant that such Content is truthful and accurate. You represent and warrant that use of any such Content (including derivative works) by us, or others in contract with us, does not and will not infringe any Intellectual Property Rights of any third party.
Operator is not responsible for any Content provided by You or any third party. Operator may moderate, edit, or delete User Content in its sole discretion.
Following termination or deactivation of Your account, or if we edit or remove any User Content from the Service, we may keep Your User Content for backup, archival, or audit purposes.
In consideration for access rights granted to You by Operator for Services under this Agreement, You will pay to Operator, without right of offset or deduction, all fees required by the Agreement and/or by an applicable executed Order Form, including Subscription Fees and Onboarding Fees. Unless otherwise agreed, all fees will be charged to Your credit card or authorized payment method in advance of the Service being rendered. You must provide Operator with a valid credit card, debit card or bank routing information as a condition to the Subscription. You are responsible for paying for all Users listed on the Order Form, whether the Users are actively using the Subscription or not. Users added in the middle of a billing period will be charged in full on the next applicable payment date. Subscription Fees and Onboarding Fees are non-refundable. If you provide Your payment information to Operator, You expressly, authorize that the payment information be used to pay for all fees incurred in connection with the Services and Your Subscription, including auto-renewal. Users added after the initial start of the Term may be subject to additional Onboarding Fees. Subscription Fees and Onboarding Fees are subject to change. Monthly or Subscription Services will automatically renew, in advance, on a monthly basis from the date you register, unless/until you cancel. If your payment method is declined your access to the Services may be suspended until a valid form of payment is provided.
You agree to update billing and account information immediately of any change to applicable payment information. If You updated Your payment information Operator will charge the latest account provided by You and You represent that You have the legal right to use any payment account that You provide to Operator. If You believe that charges to your account are incorrect, You must contact Operator in writing within forty-five (45) days of the date of the disputed charge to be eligible for a credit or adjustment.
This Agreement will remain in full force and effect while You access or use the Service, or while Your Content is posted or published on the Service, provided that certain provisions of this Agreement will continue to apply after the termination of Your account or Your use of the Service, when the survival of such terms is necessary for their complete and full implementation and enforcement. You may terminate Your account at any time, for any reason, by sending Operator an email notice of termination to support@timeandtasks.com. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY YOU, YOUR ACCOUNT (INCLUDING THE ACCOMPANYING USERNAME AND PASSWORD) MAY BE CLOSED OR SUSPENDED AT THE SOLE DISCRETION OF OPERATOR WITH OR WITHOUT NOTICE, REGARDLESS OF THE REASONS FOR THE BREACH OF THIS AGREEMENT BY YOU. IN ADDITION, YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE MAY BE TERMINATED IMMEDIATELY IN OPERATOR'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, FOR ANY OTHER REASON, OR NO REASON. Operator is not required to disclose, and may be prohibited from disclosing, a reason for the termination of Your account or Your access to the Service. Even after Your account or access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
You are fully responsible for maintaining the confidentiality of the username and password that You designate during the registration process and for all activities that occur under Your username and password and during the usage of the Service by You, other users in Your organization, and any minors who may gain access to Your account. You agree to (a) immediately notify Operator of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Operator will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. If You share Your computer with others, You may wish to consider disabling any auto-sign in feature.
Because User authentication on the internet is difficult, Operator cannot and does not warrant or guarantee that each User is who they claim to be. Because Operator does not and cannot be involved in User-to- User dealings or control the behavior of participants on the Service, in the event that You have a dispute with one or more Users or personnel, You release Operator from claims, demands, damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
By accessing, using, or registering on the Service, You represent and warrant that: (a) You are an individual who is at least 18 years of age, and are legally competent to enter into contracts, (b) You are authorized and legally able, and have the right, authority and capacity, to enter into this Agreement on behalf of Your organization and to bind Your organization to this Agreement, and (c) all information You supply on the Service is truthful, complete, correct and accurate. Without limitation, any speculative, false, or fraudulent post or any post in anticipation of demand, is prohibited, whether such actions are conducted by You or other persons who access Your account. Registration on and use of the Service are void where prohibited.
You agree to use the Service exclusively for authorized and legal purposes, consistent with all applicable laws, regulations, and rights of others, including, without limitation, privacy and anti-spamming laws. Furthermore, You agree not to (a) attempt to interfere with or disrupt the Service, (b) attempt to gain unauthorized access to the Service or any related Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means, (c) attempt to scan or probe or attempt to defeat or compromise, any security measures of the Service, or any systems or networks operated by Operator, or (d) copy, modify, create a derivative work of, or distribute any portion of the Service. All software, applications, and modules (collectively referred to in this Agreement as “Software”) used on the Service are proprietary to Operator, or are licensed to Operator by other parties. You may not rent, lease, sublicense, resell, or provide access to the Service on a time-share or service bureau basis, or attempt to reverse engineer, translate, decompile, create a derivate work, or otherwise analyze the Software, including the scripts/logic contained in the web pages downloaded to Your web browser from the Service, and the URLs transmitted to and from Your browser. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other intellectual or proprietary right, or any other harm resulting from Your use or misuse of the Service. Notwithstanding the foregoing, if You are notified by Operator that You are prohibited from using the Service, then any subsequent access by You or on Your behalf shall be unauthorized and unlawful.
In addition, you agree not to:
Operator shall have the right (but not the obligation) to monitor and review, at any time, all Content transmitted or received through the Service, and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any Content that Operator deems inappropriate, harmful to Operator's or any User's reputation, or in violation of this Agreement.
User may submit Feedback to Operator in a non-inflammatory manner. User understands, acknowledges, and agrees that Operator shall own all the rights to any and all Feedback provided to Operator, including all intellectual property embodied therein and embodied within any derivative works thereof or inspirations resulting therefrom.
Operator is not responsible for any safekeeping or confidentiality of Feedback, and Operator is not liable to any User for the Content or effects of any User Feedback.
The information and opinions expressed in User Feedback are not necessarily those of Operator or its content providers, advertisers, sponsors, affiliated or related entities, and Operator makes no representations or warranties regarding any User Feedback. Operator does not represent or guarantee the truthfulness, accuracy, or reliability of any User Feedback or determine whether the User Feedback violate the rights of others, and Operator may take action in reliance on such information.
If You chose to submit Feedback of Your own, You agree that Operator is free to use it without any restriction or compensation to You.
Operator may display third party Services, advertisements, services, special events (including links and references thereto) that are not owned or controlled by Operator, in our sole discretion and without consent from, or payment, fee reduction, or other credit to You. Operator may provide links to web pages and content of third parties as a service to those interested in such links and content, and Operator may post third party content or allow users to post their content or third party content to the site including without limitation offers, and terms of service (such content is collectively referred to as “Third Party Content”). Operator does not monitor or have any control over any Third Party Content or third party web sites. Operator does not endorse or adopt any Third Party Content or third party Service and can make no guarantee as to its accuracy or completeness. Operator does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Services. Users use these links, Third Party Content and third party Services at their own risk. Users agree that Operator has no liability arising from Your use of or access to any Third Party Application, Service or Content.
The materials and Content on the Service are owned or licensed by Operator, and protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. All copyrights and other intellectual property rights in and to the Service (including, but not limited to, any information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material of any nature whatsoever) (the “Intellectual Property”) are owned by Operator, its third party licensors, or its suppliers. You agree to abide by all copyright notices, information, or restrictions contained in any material or Content on the Service. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without Operator's prior written consent. Modification or use of any Intellectual Property for any other purpose is a violation of intellectual property rights and a violation of the terms of this Agreement. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Service, is prohibited by this Agreement. The name “Experience Distilled” and other Operator or supplier's marks, logos, designs, and phrases that Operator uses in connection with the Service and our Services are trademarks, service marks, or trade dress of Operator. They may not be used without the express written prior permission of Operator. You hereby assign to Operator and agree that all copyrights in, and other Intellectual Prperty associated with, any Content provided by You shall be owned by Operator. In the event this provision is deemed not to transfer copyright or other Intellectual Property rights to Operator, at Operator's option: (a) User shall, at Operator's direction, execute an assignment or any other documents necessary to effect or perfect the provisions of this Agreement, and such documents shall be effective retroactively as necessary in Operator's sole discretion, or (b) it shall be deemed a perpetual, worldwide, non- exclusive, unrestricted, royalty-free license in favor of Operator.
We have no special knowledge regarding the suitability of any product for disabled persons.
Operator is not responsible for Content posed by Users, nor for the activities, omissions or other conduct of Users. Operator acts as a portal for the online distribution and publication of User submitted Content and has no obligation to screen Content in advance and is not responsible for screening or monitoring Content posted by Users. If notified by a User of Content which allegedly does not conform to this Agreement, Operator may investigate the allegation and determine in its sole discretion whether to remove or request removal of such Content.
Operator has no liability or responsibility to Users for performance or nonperformance of such activities. Operator may take any action with respect to User submitted Content that Operator deems necessary or appropriate, in its sole discretion. Nothing on the Service shall be considered an endorsement, representation or warranty with respect to any Content, product, User or third party, whether in regards to its Service, products, services, experience, or otherwise.
OPERATOR IS ACTING AS AN INTERMEDIARY BETWEEN USERS AND THIRD PARTIES. AS SUCH, WE HAVE NO CONTROL OVER, AND DO NOT GUARANTEE, THE QUALITY OR ACCURACY OF CONTENT ON THE SERVICE, NOR THE ACCURACY OR RELIABILITY OF CONTENT DUE TO TYPOGRAPHICAL ERROR OR OTHER ERROR (WHETHER SUCH INFORMATION WAS PROVIDED BY THE USER OR GATHERED FROM OTHER SOURCES), NOR THAT THE SERVICE IS SUITABLE FOR YOUR PURPOSES. OPERATOR DOES NOT MAKE ANY WARRANTY OF ANY KIND REGARDING THE SERVICES. CONTENT ON THE SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY OPERATOR OF THE CONTENT PROVIDED BY OPERATOR, A USER, OR ANY THIRD PARTY. OPERATOR IS NOT RESPONSIBLE FOR BREACH OF CONTRACT, VIOLATION OF LAW OR RIGHTS, OR ANY ACTION OR OMISSION ON THE PART OF ANY USER, WHICH BREACH, VIOLATION, ACTION OR OMISSION MAY RESULT IN LOSS, DAMAGE, DELAY, OR INJURY TO YOU OR OTHER PERSONS WHO USE THE SERVICES.
User acknowledges and agrees that Operator would not enter into this Agreement nor provide use of the Service unless Operator could rely on the limitations described in this paragraph. In no event will Operator, its affiliates, officers, directors, members, shareholders, employees, contractors, subcontractors, agents, or advisors (collectively, including Operator, “Operator Representatives”) be liable to User, its heirs, personal representatives, friends, family members, affiliates, officers, directors, members, shareholders, employees, contractors, subcontractors, agents, or advisors (“User Representatives”) in excess of the express provisions of this Limitation On Liability section.
For any matter arising out of or relating to this Agreement in which Operator is not liable to User, Operator likewise shall not be liable to any person or entity claiming through User or due to their relationship with or relating to User.
THE SERVICE IS PROVIDED ON AN ‘AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. OPERATOR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. WITHOUT LIMITING THE FOREGOING:
OPERATOR DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SERVICES AND THEIR SERVICES ARE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU USE OF THE SERVICE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OPERATOR IS NOT RESPONSIBLE FOR COSTS OR DAMAGE.
Operator makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Content posted by Users or a Third Party, or of any other form of communication engaged in by Users. Content may contain inaccuracies or typographical errors. You agree that any reliance on Content within the Service and any communication with Users will be at Your own risk.
Operator makes no representations or guarantees regarding the Content of the Service or the products, including, but not limited to, broken lines, inaccuracies, or typographical errors.
OPERATOR MAKES NO REPRESENTATIONS OR GUARANTIES REGARDING THE EFFECTIVENESS OF THE SERVICE, TIMELINESS OF THE SERVICES IN MEETING YOUR OBJECTIVES, NOR FOR YOUR LEGAL COMPLIANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPERATOR OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICE AND ITS CONTENTS (COLLECTIVELY WITH OPERATOR, THE “COVERED PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, OR PERFORMANCE OR NON-PERFORMANCE OF, THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SERVICE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE; (VI) ANY TRANSACTIONS FACILITATED BY OR DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SERVICE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICE OR ANY SERVICE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, ANY DELAY OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE COVERED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A USER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR A BREACH BY A USER, OR FOR ANY OTHER WRONGDOING OF A USER (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY IN TORT), NOR FOR ANY ACT OR OMISSION OF A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, CYBERATTACKS, CYBER-RANSOM, MALWARE, VIRUSES, OR OTHER “HACKING” OF ANY NATURE WHATSOEVER (COLLECTIVELY, “DIGITAL ATTACKS”).
FURTHER, AND TO THE EXTENT PERMITTED BY LAW, COVERED PARTIES HAVE NO LIABILITY, AND WILL MAKE NO REFUND (IF ANY FEES HAVE BEEN PAID), IN THE EVENT OF ANY DELAYS, SHORTAGES, SICKNESS, PILFERAGE, LABOR DISPUTES, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF GOD, FORCE MAJEURE, DIGITAL ATTACKS, OR OTHER CAUSES BEYOND COVERED PARTIES' DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. OPERATOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, OR IMMEDIATELY KNOWN OR UNKNOWN, RESULTING FROM THE INTERNET OR SYSTEM DELAYS OR LIMITATIONS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, THE INTERNET GENERALLY, AND THE CONTENT AND/OR MATERIALS THAT YOU POST, PROVIDE, OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SERVICE.
IF ANY OF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OPERATOR'S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE. IN NO EVENT SHALL OPERATOR (OR ANY OF ITS COVERED PARTIES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF US $200.00.
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT OPERATOR WILL BE ENTITLED TO EQUITABLE RELIEF UPON BREACH OF THIS AGREEMENT BY YOU, INCLUDING, WITHOUT LIMITATION TEMPORARY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF TO PROHIBIT ONGOING VIOLATIONS.
The foregoing limitations shall apply even if the remedies listed in this Agreement fail of their essential purpose.
It is User's responsibility maintain at all times during the Term of this Agreement insurance policies that User or its advisors deem necessary or advisable to protect User's personal assets, business, business assets, devices, data, and equipment, providing coverage against Digital Attacks and other security breaches, and other typical cyberinsurance, theft, personal and business coverages, as User acknowledges and agrees such incidents can occur even under a “best practices” scenario.
User on behalf of itself and its affiliates, its other Users, and each of their respective (as applicable) heirs, personal representatives, owners, officers, directors, members, shareholders, employees, contractors, subcontractors, and agents (collectively, including User, jointly and severally, “User Parties”) shall indemnify, defend, and hold harmless the Operator Representatives as defined in Limitations On Liability (who in this section are also referred to as an “Indemnified Party,” collectively, “Indemnified Parties”) from and against any and all losses, damages, claims, causes of action, lawsuits, investigations, judgments, and other legal or adverse action (“Disputes”) arising out of or relating to User's: (a) Losses as defined in Limitations on Liability, (b) violation of any obligation under this Agreement or any other agreement with any party, (c) negligence, (d) violation of law, rule, regulation, ordinance, judicial or other government order, (e) violation of any third party right, (f) willful misconduct, or (g) tortious act or omission, any or all of the foregoing by User or any User representative (collectively, “Claims”), including any and all actual damages incurred by an Indemnified Party, including without limitation economic damages, statutory damages, consequential damages, or damages of any other kind for which an Indemnified Party is held liable or incurs via settlement of Claims, or for an Indemnified Party's preparation of, participation in, and legal guidance for responses to any subpoenas (of any kind, including, without limitation, for materials, documents, deposition, etc.), discovery, or other mandatory or requested involvement in any lawsuit, arbitration, mediation, investigation, or other legal process due to User's involvement (as a party, witness, or otherwise) in such investigation or legal process; plus attorney's fees for counsel of the Indemnified Party's choosing, third party attorney's fees for which an Indemnified Party is held liable or incurs via settlement of Claims, and all costs associated with the Indemnified Party's defense of any such Claims at all levels of pre-litigation, litigation, settlement, trial, appeal, enforcement, and bankruptcy (any or all of which whether or not occurring in violation of any arbitration requirement), all less any insurance proceeds covering or related to same. The Indemnifying Party will have the sole right and option to determine the intake, defense, disposition, settlement or other resolution of any Claim for which it will be held responsible. Each party shall be permitted to have counsel of its choosing, participate in the prosecution or defense of the applicable Claim. Each party shall have the sole right and option to settle any Claim involving it. Links. The Service may or may not contain links to other services operated by Operator or services operated by parties other than Operator. Operator does not control any third party services and is not responsible for their contents or the practices of such services. Further, it is up to You to take precautions to ensure that whatever links You select or software You download (whether from the Service or other services) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Operator's inclusion of links to such services does not imply any endorsement of the material on such services. Operator may place third party advertising near or around the Content, at its option and discretion.
Operator respects the intellectual property of others. It is Operator's policy to respond to claims of copyright and other intellectual property infringement. Operator will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Operator will act in accordance with law to remove or disable access to any material required to be removed by the DMCA. Operator may, in its sole discretion, terminate access for Users who are repeat or egregious infringers.
Notifying Operator of Copyright Infringement: To provide Operator notice of an infringement, You must provide a written communication to the attention of "Copyright Protection" care of support@timeandtasks.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that You may be liable for damages (including costs and attorneys' fees) for the violation of someone else's intellectual property rights or if You materially misrepresent that an activity is infringing Your intellectual property rights.
Prior to instituting any Arbitration action, User must provide Operator with written notice and a detailed summary of the claims, and provide Operator with thirty (30) days to respond.
Except as provided in the Exceptions to Arbitration section below, any dispute, claim or controversy between the parties, arising out of or relating to this Agreement or User's use of the Service, including the determination of the scope or applicability of this Agreement to arbitrate, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, before one unbiased (1) arbitrator with no prior relationship to either party, having at least five (5) years of experience as an attorney or judge, who is mutually agreed upon by the parties, or if the parties cannot agree on an arbitrator within fifteen (15) days after a demand for arbitration is filed, the arbitrator shall be selected as follows:
The arbitrator will be experienced in intellectual property, software technology, and general contracts. The arbitrator will determine the scope of discovery in the matter; however, it is the intent of the parties that any discovery proceedings be limited to the specific issues in the applicable matter, and that discovery be tailored to fulfill that intent. Except as may be agreed upon in a settlement agreement, the arbitrator shall award recovery of attorney's fees and costs to the prevailing party in accordance with the Attorney's Fees section of this Agreement. The arbitrator's findings of fact shall be binding, but a party may appeal to a court of law as to errors in matters of law and for enforcement of an arbitration order. Governing law and venue for arbitration shall be as set forth in the Governing Law; Jurisdiction; Venue section of this Agreement, and the parties consent to the jurisdiction of such venue, waiving any claims of inconvenience or prejudicial forum. To the extent allowed by law, or except as necessary to file a permissible exception proceeding in a court of law pursuant to the Exceptions to Arbitration below, the parties shall keep the terms, proceedings, and any settlement of Arbitration confidential.
At the option of the plaintiff, any claim for emergency, temporary, preliminary, or permanent injunctive relief to prevent ongoing breach of this Agreement, to enjoin infringement or other misuse of intellectual property rights, or to prevent imminent or ongoing property damage or injury to person or property, or to enjoin violation of confidentiality or non-disparagement terms, any or all of which may be brought in a court of law. Appeal of an arbitrator's final order or award may be appealed to a court of law for legal error or enforcement.
AS A MATERIAL INDUCEMENT FOR THIS AGREEMENT, AND WITHOUT WAIVING ANY REQUIREMENT FOR ARBITRATION, EACH PARTY HERETO DEMANDS THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT BE RESOLVED BY A JUDGE, AND HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO WITH RESPECT ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY EACH PARTY, AND EACH SUCH PARTY ACKNOWLEDGES THAT NONE OF THE OTHER PARTIES NOR ANY PERSON ACTING ON BEHALF OF ANY OTHER PARTY HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. EACH PARTY HEREBY FURTHER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION, AND FURTHER HAS HAD THE OPPORTUNITY TO HAVE THE LEGAL COUNSEL OF ITS CHOOSING REVIEW THIS WAIVER AND THE ENTIRE AGREEMENT, OR ELSE HAS WAIVED SUCH RIGHT AND OPPORTUNITY.
AS A MATERIAL INDUCEMENT FOR THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES TO THIS AGREEMENT HEREBY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS AGAINST EACH OTHER ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE BROUGHT ON AN INDIVIDUAL BASIS, AND NEITHER PARTY SHALL PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER AGREE THAT NO ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDING SHALL BE CONSOLIDATED WITH ANY OTHER PROCEEDING INVOLVING ANY OTHER PARTY'S CLAIMS. THE ARBITRATOR OR OTHER DECISION-MAKING AUTHORITY SHALL HAVE NO AUTHORITY TO HEAR OR RESOLVE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
This Agreement shall be construed and interpreted according to the laws of the State of Florida, without reference to the rules of conflicts of law. The parties hereby consent to the venue and jurisdiction of the legal tribunals serving Orange County, Florida, and each party hereby waives, to the fullest extent permitted by applicable law, any claim or defense that such tribunals constitute an improper, inconvenient, prejudicial, or otherwise inappropriate venue or forum
If any lawsuit, arbitration, or other proceeding occurs by and among You and Operator, the prevailing party in such proceeding shall be entitled to be reimbursed from the non-prevailing party all of its related costs and expenses, including, without limitation, the costs of its reasonable legal fees associated therewith, at all levels of pre-trial, trial, appeal, and enforcement. In addition, Operator will have available, in addition to any other right or remedy available to it under law or equity, the right to obtain an injunction from a court of competent jurisdiction restraining Your breach of this Agreement and to specific performance of any such provision of this Agreement. You agree that no bond or other security shall be required in connection with such injunction.
This Agreement, together with the Privacy Policy and any amendments and any additional written or electronic agreements You may enter into with Operator constitutes the complete and exclusive agreement between You and Operator concerning its subject matter and supersedes all prior agreements or understandings, written or oral, concerning the subject matter of this Agreement.
It is not the intent of the parties to exceed the bounds of the law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable as written, then (a) the parties agree to judicial modification of such invalid, illegal, or unenforceable term, if such modification would render such term legal and enforceable, as close as possible to the original intent, (b) such invalidity, illegality, unenforceability, or judicial modification will not affect any other provision of this Agreement, and (c) the remainder of this Agreement will be construed and interpreted in the least disruptive manner to adhere as closely as possible to the original intention of the parties
Any waiver by a party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof, and Operator's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
User agrees to provide any additional documents, materials, information, or signatures reasonably necessary to effect or perfect any term, provision, or the intent of this Agreement, as required by law or as requested by Operator.
All obligations relating to payment, indemnification, arbitration, waiver of jury trial, waiver of class action, attorney's fees, non-disparagement, prohibitions against threats and violence, and any other term or provision of this Agreement which, for its full and intended effect and fulfillment, necessarily must survive the expiration or earlier termination of this Agreement, shall so survive.
In order to protect the integrity of the Service, Operator reserves the right at any time in its sole discretion to block Service users from certain IP addresses from accessing the Service.
Operator may update the terms of this Agreement at any time. User's use of the Service constitutes User's Agreement to the then-current terms of service.
By using the Service, You are consenting to the terms of this Privacy Policy, Operator makes no representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. OPERATOR WILL NOT BE RESPONSIBLE FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH THE PRIVACY POLICY BECAUSE OF A SECURITY BREACH, DIGITAL ATTACK, OR TECHNICAL MALFUNCTION.
Operator collects certain technical information automatically when You use the Service. When You sign up for or use the Service You voluntarily share certain information.
When You use the Service, mobile application or other internet service, certain internet and electronic network activity information gets created and logged automatically.
Log data. When You use the Service, our servers record information (“Log Data”), including information that Your browser automatically sends whenever You visit a Service, or that Your mobile app automatically sends when You are using it. This Log Data includes Your Internet Protocol address (which we use to infer Your approximate location), the address of and activity on Services You visit that incorporate Service features (like the “Save” button—more details below), searches, browser type and settings, the date and time of Your request, how You used Service, cookie data and device data. Cookie data. We also use “cookies” (small text files sent by Your computer each time You visit our Service, unique to Your Service account or Your browser) or similar technologies to get log data. When we use cookies or other similar technologies, we use session cookies (that last until You close Your browser) or persistent cookies (that last until You or Your browser delete them). For example, we use cookies to store Your language preferences or other settings so You do not have to set them up every time You access the Service. Some of the cookies we use are associated with Your Service account (including information about You, such as the email address You gave us) and other cookies are not. Device information. In addition to log data, we collect information about the device You are using to access the Service, including the type of device, operating system, settings, unique device identifiers and crash data that helps us understand when something breaks. Clickstream data and inferences. When You access the Service, we use Your activity, along with information You provided when You first signed up and information from our partners and advertisers to make inferences about You and Your preferences.
We use information collected from and about You, individually or combined, to facilitate the use of the Service, communicate with You, respond to Your inquiries and requests, conduct surveys, carry out research and analysis relating to our products and services, improve our products and services, and, as permitted by law, for marketing and promotional purposes. From time to time, we may send user administration communications about our services (for example, if You lose Your password or if changes are made to this Agreement). Because this information is important to Your interaction with and our provision of the Service, You may not opt-out of receiving such communications. We may also give You the option of receiving marketing communications about new products, services and promotions from Operator, our affiliates and subsidiaries, or other third parties. If You choose to receive such marketing communications, we will share Your contact information with the applicable third parties for this purpose. We may enhance or merge the information that we collect with data obtained from third parties, in which case the combined information will be treated in accordance with this Agreement.
We sometimes hire or partner with other companies to provide services on our behalf, such as sending communications, providing customer service, hosting our software, performing analytics, conducting research and surveys, and maintaining and delivering the Service. We will only provide those companies with the information that they need to provide You and us with such services.
Subject to the terms of this Privacy Policy, in the normal course of performing services, and as permitted by applicable law, Operator may share Your information with its affiliates, subsidiaries, or divisions.
Information that is collected by Operator may be de-identified and aggregated and shared with unaffiliated third parties for their own research, product enhancement, or product development purposes; or to conduct research and publish reports on our behalf, to help improve and expand our product and service offerings, to provide general statistics and analysis regarding the consumption or delivery of our products and services, and to help improve or maintain our service quality. When this information is shared with such third parties, Operator does not provide them with any information that would allow them to identify You as the individual source of the information.
We reserve the right to disclose Your personal information, without notice, if required to do so by law or in good faith belief that such action is necessary to: (1) comply with laws, legal process, or government or regulatory requests; (2) protect and defend our rights or property or our Service; and, (3) protect the safety and security of our users, Service, or the public.
YOU ALWAYS HAVE THE RIGHT TO ACCESS, CORRECT, OR REQUIRE US TO DELETE YOUR PERSONAL INFORMATION FROM OUR DATABASE. UPON VERIFICATION OF YOUR IDENTITY, WE WILL PROVIDE YOU WITH A COPY OF ALL OF YOUR PERSONAL INFORMATION IN OUR POSSESSION OR CONTROL WITHIN 30 DAYS OF REQUEST. UPON VERIFICATION OF AN INACCURACY IN YOUR PERSONAL INFORMATION, WE WILL CORRECT IT AND FORWARD THE CORRECTION TO OUR CLIENT WHO ORIGINALLY PROVIDED US WITH YOUR PERSONAL INFORMATION, FOR THEIR CORRECTION AS WELL. WE WILL NOT MAKE CHANGES THAT WE BELIEVE WILL VIOLATE ANY LAW (WHICH MAY INCLUDE LAWS APPLICABLE TO US OUTSIDE YOUR COUNTRY) OR WILL BE FRAUDULENT OR DECEPTIVE. YOU ACKNOWLEDGE THAT IF YOU HAVE US DELETE YOUR PERSONAL INFORMATION IT WILL NECESSARILY DELETE YOUR ACCOUNT AND WE WILL NO LONGER BE ABLE TO SERVICE THE SOFTWARE, ANY DELETION OF PERSONAL INFORMATION OR WITHDRAWAL OF CONSENT SHALL NOT AFFECT THE LAWFULNESS OF PROCESSING BEFORE ITS WITHDRAWAL OR DELETION. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOU DO NOT HAVE TO USE OUR SERVICE OR SERVICES.
You agree not to input into Operator's Software, Service, applications, or database any Personal Information of another person without their express written consent, and You will indemnify, defend, and hold Operator harmless against any and all liabilities, claims, lawsuits, proceedings, damages, and losses incurred by Operator (including without limitation attorney's fees and costs), as a result of inputting any person Personal Information into Operator's Software, Service, applications, or database without such person's explicit consent, or as a result of any other act of deceit, dishonestly, fraud, or violation of any law by You.
Operator's office and business operations are located in the United States. All personal information is transferred to and processed in the United States.
Unless You request otherwise, Personal Information that You provide us will be retained for the shorter of: (a) for as long as consent was originally provided, (b) the duration of any contract to which You are a party, (c) until consent is revoked, or (d) as long as we have a legitimate business purpose for it.
We do not solicit or intentionally collect Personal Information from persons under the age of 18. If You are the parent or guardian of a minor child who will be using the Service, by Your use of our Service or services and by providing us the minor child's Personal Information, You thereby consent to our use of the child's Personal Information according to the terms hereof. If You are under 18, do not (i) use any features of our Service or Service, including any interactive features or applications, or (ii) give us any Personal Information about Yourself.
The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal information, and the third parties with whom we share it, which we have explained above. We are also required to provide communication information about rights California residents have under California law. You may exercise the following rights:
The categories of personal information we collect is described above in “Type of information we collect” section of this Privacy Policy.
The following statement is provided in compliance with California's Online Privacy Protection Act (CalOPPA):
When You visit a Service in any browser, Your computer typically and automatically shares information with that Service, such as cookies, Your IP address, and other standard computer information. If the Service contains information provided by a third party (for example, a map, advertisement, or web measurement tools such as a web beacon or scripts), some information about You may automatically be sent to the content provider. This may have several benefits, including, for example only (whether or not the same are actual benefits in this case), and without limitation, allowing You to access third party information on the Service, or free or reduced cost access in exchange for accepting advertisements. However, this can impact Your privacy, because it is possible for content providers to track You across multiple Services.
If You wish not to be tracked, we recommend You explore Do Not Track options in Your web browser or with Your IT servicer.
OUR SERVICE AND BUSINESS MODEL ARE NOT SET UP TO RESPOND TO DO NOT TRACK REQUESTS, AND WILL NOT RESPOND TO SUCH REQUESTS.
We also have no control over, and are not responsible for, tracking associated with third parties' interactions with our Service, for example and without limitation, Google Analytics and AdWords.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Operator as a result of this Agreement or use of the Service. We reserve the right to comply with law enforcement requests or requirements relating to Your use of the Service or information provided to or gathered by Operator with respect to Your use of the Service. This
We reserve the right to determine the form and means of providing notifications to You, and You agree to receive legal notices electronically if we so elect. It is your responsibility to keep your account up to date with your mailing address and email address. Notices to Operator shall be sent by U.S. Certified Mail or other reputable, trackable courier to Operator's current mailing address listed on Sunbiz.org.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You without the advance written consent of Operator, which consent may be arbitrarily withheld, conditioned, or delayed, and may be assigned by Operator without restriction and without notice to you. Any attempted transfer or assignment in violation hereof shall be null and void. A merger, sale, or change of business control shall constitute an assignment.
You will communicate with Operator electronically whenever You visit the Service or affiliate sites, or send e-mails to us. You consent to receive communications from Operator electronically. You agree that all notices, disclosures, agreements and other communications that we provide to You electronically or by facsimile satisfy any legal requirements that communications be in writing. OPERATOR IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN RESPONDING CAUSED BY AN INCORRECT E- MAIL ADDRESS PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR CONTROL.
In the event of translation of this Agreement into any other language, the English translation shall govern.
The captions in this Agreement are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
Without limitation, this Agreement may be consented to and agreed to via internet-based platform or any other electronic or digital media.
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