| TIMETRACKINGBUDDY.COM
TERMS OF USE
This document comprises the Terms of Use Agreement,
hereinafter referred to as the “Agreement”,
and constitutes a legally binding Agreement between
you, (“You”) the visitor or member
of our site, hereinafter referred to as the “site”,
and Time Tracking Buddy, LLC, a limited liability
company that serves as the owner and operator
of this site.
As a condition precedent to you being able to
use any of the tools, functions, software and
services provided to you by this site, you must
read and agree to be bound by each and every one
of the terms and conditions contained in this
Agreement. Should you access any component of
this site, or use any tools, functions, software
or services that this site offers, register as
a member, or view any text or graphics, such activities
on your part means expressly that you have read
this Agreement and agree to be bound by the terms
and conditions contained herein. Should you not
agree to be bound by each and every term and condition
contained in this Agreement you must leave this
Site at once and you may not establish a membership.
1. General Rules
Site members and visitors may not:
| •
|
Violate the
law of any jurisdiction while visiting our
site or using any tool, software or service
that we provide. |
|
|
| •
|
Conduct any activity that
is harmful or detrimental to our site as solely
determined by us. |
We may post rules, guidelines
or policies. Upon the posting of such materials,
they immediately become incorporated by reference
into this Agreement as if fully set forth herein.
We have published a privacy policy. The privacy
policy is hereby incorporated by reference into
this Agreement as if fully set forth herein.
2. Software Return Policy and Trial Period
We provide a thirty day, risk free, guarantee
regarding our software products. You may use our
software free for thirty days in order to evaluate
the software. Usage after the thirty day trial
period has expired means that you agree to pay
for the software. In the event you determine that
the software does not operate as promised by us,
you may request a full refund of your purchase
price. In the event that we return your purchase
price, you may no longer use the software and
must remove all copies of the software from your
computer. All software is licensed per one user
and per one computer as indicated herein.
3. Software License
I. You, as our software (“Software”)
user, referred to in this Section 3, as “End-User”
is granted a limited, non-exclusive license to
do only the following:
| A |
Install and
maintain the Software on one computer at any
time for use only in the End-User's own home
or business. |
| |
|
B |
Make one copy in machine-readable
form solely for backup or archival purposes
for the computer which the Software is installed.
The Software is protected by copyright and
other intellectual property laws and restrictions.
As an express condition of this License, the
End-User must reproduce on the copy Licensor's
copyright notice and any other proprietary
legends on the original copy supplied by Licensor. |
|
|
C |
Transfer the Software and
all rights under this License to another party
together with a copy of this License and all
written materials accompanying the Software,
provided (i) the End-User gives Licensor written
notice of the transfer (including in such
notice the identity of the transferee), and
(ii) the other party reads and agrees to accept
the terms and conditions of this License. |
II. Restrictions.
The End-User may NOT sublicense, assign, or distribute
copies of the Software to others. The Software
contains trade secrets. The End-User may NOT decompile,
reverse engineer, disassemble, or otherwise reduce
the Software to a human readable form. THE END-USER
MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE,
LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE
ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE
WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF,
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.C. ABOVE.
III. Protection and Security.
The End-User agrees to use its best efforts and
to take all reasonable steps to safeguard the
Software to ensure that no unauthorized person
shall have access thereto and that no unauthorized
copy, publication, disclosure or distribution
in whole or in part, in any form, shall be made.
The End-User acknowledges that the Software contains
valuable confidential information and trade secrets
and that unauthorized use and/or copying are harmful
to Licensor.
IV. Termination.
This License is effective until terminated. This
License will terminate immediately without notice
from Licensor if the End User fails to comply
with any of its provisions. Upon termination the
End User must destroy the Software and all copies
thereof, and the End-User may terminate this License
at any time by doing so.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make
any representations or warranties (other than
as stated herein) regarding the availability,
suitability, reliability, merchantability, non-infringement,
capability, usefulness or fitness for any general
or particular purpose of the site, or the tools,
software, products or services herein supplied
or sold or regarding the characteristics of services
provided by or through the site, or regarding
the timeliness, accuracy or usefulness of information
obtained from or through the site. The site and
all content contained, distributed, sold or published
via the site is provided to you "As Is, Where
Is", without any warranty of any kind, express
or implied.
Intellectual Property Provisions
All content provided within or via this site
is protected by various US and international copyright
laws, patent laws, trademark regulations and laws,
and various intellectual property laws and international
treaties and agreements. No intellectual property
of any nature contained within or via this Site
may be copied, published, or broadcast in any
way without the written permission of the content
owner. The content of this Site may not be “framed”
or “mirrored”. All trademarks presented
on or via this Site are owned by their respective
owners and may not be used by you in any way.
Disclaimer Regarding Functionality
All content, tools, functions and services provided
via this Site are provided on an “as is”
basis and this Site disclaims any and all warranties,
express or implied, including those warranties
of merchantability, fitness for a particular purpose,
title and non-infringement. Such disclaimers may
be limited by the laws of your state, and if so
limited, may not apply to you. No warranties of
validity regarding any of the content provided
herein this Site are made and the operators of
this Site have not independently verified the
validity of any of the content presented herein
this Site. It is your duty to independently engage
in due diligence to verify any and all claims
presented within this Site.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots”
to access, copy, or manipulate any content provided
on this site. You may not engage in denial of
service attacks upon the servers that publish
this Site. You may not engage in any content that
uses more than .01% of the hardware and software
infrastructure of this Site.
Links to Third Party Sites
We may provide links to third party sites; however,
we are not responsible for the content of such
sites or their terms of use or privacy policies.
Please carefully review the terms of service and
privacy policies of all such sites prior to usage.
You assume the risk of any usage of such third
party sites.
Submissions
All submissions (but not personal information)
become the property of this Site. All submissions
are non-confidential in nature. “Submissions”
may be thought of as “letters to the editor”
or “suggestions/ideas” type of email
or letters that you might send us. We may publish
all submissions in any manner that we deem to
be appropriate, including in all forms of media
and publication. You are solely responsible for
the content of all submissions, including any
violation of any law(s) contained within such
submissions, copyright, privacy, fraud, and other
laws and regulations. You agree to hold us harmless
and defend us and indemnify us from any civil
actions filed or threatened to be filed by any
third party or entity who determines that your
submissions supports a legal cause of action.
Limitation of Liability
We are not responsible for any damages arising
from your use of this Site, or any tools, functions,
software or services that this Site provides to
you, whether the cause of action be based on tort,
breach of contract, or any other legal theory,
including punitive, actual, indirect, incidental
or consequential damages of any nature or due
to any cause of any nature. You agree to hold
us harmless from any loss or harm of any nature
due to your usage of this Site or any tool, product
or service that we provide to you, whether directly
or indirectly.
Jurisdiction
This Agreement, including all Disclaimers, will
be governed by and construed in accordance with
the internal laws of the State of California,
excluding that body of laws known as choice of
law or conflict of laws. Subject to the provisions
of this Section all disputes, controversies or
claims arising out of or relating to this Agreement
will be resolved through mandatory binding arbitration
conducted in Sacramento, California, or any location
closer to or within Kansas, before J.A.M.S./ENDISPUTE
or its successor ("JAMS") pursuant to
the United States Arbitration Act, 9 U.S.C. Section
1, et seq. (the "Act"); and (iii) this
Agreement. The arbitration will be conducted in
accordance with the provisions of J.A.M.S.'s Streamlined
Arbitration Rules and Procedures in effect at
the time of filing of the demand for arbitration
(the "JAMS Rules"), subject to the provisions
of this Section. The terms set forth in this Agreement
will control in the event of any inconsistency
between such terms and the JAMS Rules. The parties
will cooperate with JAMS and with each other in
promptly selecting a single arbitrator from JAMS's
panel of neutrals. If the parties fail to so select
an arbitrator within thirty (30) days following
the date of either party's notice of demand to
conduct arbitration, then JAMS will appoint an
arbitrator in accordance with the JAMS Rules.
The award of the arbitrator will be in writing
and will set forth findings of fact and conclusions
of law. Judgment on the arbitrator's award will
be final and binding upon the parties and may
be entered in any court having jurisdiction thereof.
If for any reason JAMS or its successor no longer
is in business, then the arbitration shall be
conducted in accordance with the commercial arbitration
rules of the American Arbitration Association.
The arbitrator's fees will be shared equally by
the parties and each party will bear its own costs
and attorneys' fees. All papers, documents, or
evidence, whether written or oral, filed with
or presented in connection with the arbitration
proceeding will be deemed by the parties and by
the arbitrator to be confidential information
of both parties. The arbitrator chosen in accordance
with these provisions will not have the power
to alter, amend or otherwise affect the terms
of these arbitration provisions or the provisions
of this Agreement. Notwithstanding the foregoing,
nothing in this Section shall prevent either party
from applying for and obtaining from a court a
temporary restraining order and/or other injunctive
relief. Any and all disputes regarding the content
presented on this site must be resolved through
arbitration as set forth in this section.
Foreign Usage
We make no representation that the usage of this
site, or the content provided herein, will not
violate the laws of your local jurisdiction. You
are responsible for the laws of your jurisdiction,
especially if you are accessing this site from
outside the United States of America (USA).
General Information
This site may contain typographical errors or
mistakes, and we disclaim any responsibility for
such errors and you agree to hold us harmless
from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement
at any time without notice to you. You must read
this Agreement each time you visit our site or
use any tool or service that we provide to you
via this site or elsewhere. Any usage of this
site or tools, functions or services that we provide
you means that you have read the most current
version of this Agreement and you agree to be
bound by the terms and conditions of the latest
version of this Agreement.
Notice
Notices to you may be issued via electronic mail
or by surface mail, at our sole selection.
Force Majeure
Neither party shall be liable for any delay or
failure in performance due to Force Majeure, which
shall mean acts of God, earthquake, labor disputes,
changes in law, regulation or government policy,
riots, war, fire, flood, insurrection, sabotage,
embargo, epidemics, acts or omissions of vendors
or suppliers, transportation difficulties, unavailability
of interruption or delay in telecommunications
or third party services (including DNS propagation),
failure of third party software or hardware or
inability to obtain raw materials, supplies, or
power used in or equipment needed. We are not
responsible for server downtime under any circumstances.
Further Intellectual Property Information
regarding Notice of Same
You agree that you have been suitably noticed
of any trademark, trade dress, service mark, copyright,
patent or any other intellectual property rights
or property rights of any nature and any violation
by you of any such property rights is fairly deemed
to be “willful” in nature.
All product names, marks, logos, symbols, and
company names are the property of their respective
owners and subject to the protection of State,
Federal and International laws and regulations.
Contacting Us
Please contact us by email: support@timetrackingbuddy.com
|