By using FamilyTimePlanner, you are
agreeing to the following Terms of Service. Please read them all carefully.
1. ACKNOWLEDGMENT AND ACCEPTANCE
FamilyTimePlanner is provided for
your use ("User") under these Terms of Service ("Terms") and
any policies and procedures that may be instituted by FamilyTimePlanner. The
Terms constitute the entire agreement between FamilyTimePlanner and User and
supersedes any and all prior agreements between the parties. BY CREATING OR
USING A CALENDAR, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THE TERMS.
2. DESCRIPTION OF SERVICE
FamilyTimePlanner is providing User
with the capability to create and maintain an electronic calendar via the
internet. User must: (a) provide all their equipment necessary to access the
internet and FamilyTimePlanner (b) pay all fees associated with such access.
User understands that FamilyTimePlanner is not obligated to provide assistance
to the User and that User's use of FamilyTimePlanner is at the risk of User.
In consideration for use of
FamilyTimePlanner, User agrees to pay FamilyTimePlanner's current subscription
fee, provide and maintain current, complete and accurate information as
requested. If any such information is untrue, inaccurate, not current or
incomplete, FamilyTimePlanner has the right to terminate User's account and
refuse any and all current or future access and use of FamilyTimePlanner.
3. PRIVACY POLICY
FamilyTimePlanner considers the
User's information to be the private and will not monitor or disclose such
information except in the good faith belief that such action is reasonably
necessary: (a) to comply with the law; (b) to comply within legal process; (c)
to enforce the Terms; (d) to respond to any claims of violation of the rights
of third parties; (e) to protect the interests of FamilyTimePlanner or others.
User acknowledges and agrees that
FamilyTimePlanner may access its information as necessary to identify or
resolve technical or other problems. User acknowledges and agrees that certain
technical processing of information is and may be required to (a) send or
receive data; (b) perform planning or scheduling (c) conform to technical or
other issues.
User acknowledges and agrees that
FamilyTimePlanner does not endorse any content created or transmitted via
FamilyTimePlanner and is not responsible or liable for any unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene,
tortious, or otherwise objectionable content or content that infringes or may
infringe the intellectual property or other rights of another.
4. MODIFICATIONS TO TERMS OF SERVICE
FamilyTimePlanner may change the
terms and conditions of the Terms from time to time with or without notice to
User. Any amendment shall be effective immediately with or without notice. Each
use by User reaffirms User's acceptance of, and agreement to be bound and to
abide by, the Terms as amended.
5. MODIFICATIONS TO SERVICE
FamilyTimePlanner reserves the right
to modify or discontinue its service, temporarily or permanently, for any
reason, and at its sole discretion, with or without notice to User. User agrees
that FamilyTimePlannershall not be liable to User or any third party for any
modification or discontinuance of the service.
6. USER ACCOUNT, PASSWORD, AND
SECURITY
User is solely responsible for
maintaining the confidentiality of User's identifications and passwords and any
and all activities that occur under User's identifications or passwords. User
agrees to immediately notify FamilyTimePlanner of any unauthorized use of
User's account or any other breach of security known to User.
User agrees not to use any racist,
inflammatory, or profane user names, group names, passwords, or other text and
further agrees that FamilyTimePlanner has the right to modify such if, in its
sole discretion, any such terms violate this agreement.
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF
THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
FAMILYTIMEPLANNER EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FAMILYTIMEPLANNER MAKES NO WARRANTY
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FAMILYTIMEPLANNER MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE NOT OCCUR OR WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
FAMILYTIMEPLANNER MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR
ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER FROM FAMILYTIMEPLANNER OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
8. LIMITATION OF LIABILITY
FAMILYTIMEPLANNER SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY
OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FAMILYTIMEPLANNER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT
FAMILYTIMEPLANNER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF
THE SERVICE
User's right to use the Service is
personal to User. User agrees not to use the Service for commercial purposes,
including the placement of advertising in calendars, unless authorized in
writing by FamilyTimePlanner. User agrees not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, the Service or use of or
access to the Service.
10. CALENDAR DATA STORAGE
FamilyTimePlanner assumes no
responsibility for the deletion or failure to store any data or other
information included by User on the Service. FamilyTimePlanner may establish an
upper limit on the amount of memory and the number of calendar events a User
may post through the Service. User acknowledges and agrees that
FamilyTimePlanner is under no obligation retain any data for any period of time
after the expiration of the subscription to the service.
11. USER CONDUCT
User agrees to abide by all
applicable local, state, national, and international laws and regulations in
User's use of the Service, and agrees not to interfere with the use and
enjoyment of the Service by other users. User agrees to be solely responsible
for User's actions and the contents of User's transmissions through the
Service. User agrees not to impersonate any person or entity, including but not
limited to, a FamilyTimePlanner official, forum leader, guide or host or
falsely state or otherwise misrepresent your affiliation with a person or
entity.
User agrees: (a) to comply with all
laws regarding the transmission of technical data exported from the United
States through the Service; (b) not to upload or distribute in any way files
that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; (c) not to use
the Service for illegal purposes; (d) not to interfere or disrupt networks
connected to the Service; and (e) to comply with all regulations, policies and
procedures of networks connected to the Service. User agrees not to use the
Service to collect or harvest personal information, including, without
limitation, financial information, about other users of the Service.
User agrees not to post, promote or
transmit through the Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, hateful, racially, ethnically or
otherwise objectionable material of any kind or nature. User further agrees not
to transmit or post any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation. User
shall not interfere with another User's use and enjoyment of the Service or
another entity's use and enjoyment of similar services. Finally, User agrees
not to advertise or offer to sell any goods or services, or engage in surveys,
contests, chain letters or use the Service for any commercial purpose, post or
transmit "junk mail", "spam", "chain letters", or
unsolicited mass distribution of email.
FamilyTimePlanner may, at its sole
discretion, immediately terminate User's access to the Service should User's
conduct fail to conform with these terms and conditions of the Terms.
FamilyTimePlanner may, but is not in any way obligated to, enforce these Terms
against any user.
12. INDEMNIFICATION
User agrees to indemnify and hold
FamilyTimePlanner, its subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of User's use of the Service, the violation
of this Terms by User, or the infringement by User of any intellectual property
or other right of any person or entity.
13. TERMINATION
User agrees that FamilyTimePlanner
may terminate User's user name, password, account or use of the Service, for
any reason, at its sole discretion, including, without limitation, if
FamilyTimePlanner believes (a) that User has violated or acted inconsistently
with the letter or spirit of the Terms, or (b) that User has violated the
rights of FamilyTimePlanner or other Users or parties. User further agrees that
FamilyTimePlanner may terminate User's user name, password, account or use of
the Service if User fails to use the Service at least one time during a
reasonable period of time as determined by FamilyTimePlanner from time to time
which period shall not be less than one month.
User acknowledges and agrees that
any termination of service under this Agreement under any provision of this
Agreement may be effected without prior notice, and acknowledges and agrees that
FamilyTimePlanner may immediately delete and discard all information and files
in User's account and bar any further access to such files or the Service.
User acknowledges and agrees that no portion of any subscription or other fee paid to FamilyTimePlanner will be refunded.
14. NOTICE
All notices to a party shall be in
writing and shall be made either via email or conventional mail. In addition,
FamilyTimePlanner may post notices or links to notices through the Service to
inform User of changes to the Terms, the Service, or other matters of
importance. Lack of such notification shall not affect the effectiveness of
such changes.
15. PARTICIPATION IN PROMOTIONS OF
ADVERTISERS
User's correspondence with or
participation in promotions of advertisers found on the Service, including the
delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between User and the advertiser. User agrees not to
hold FamilyTimePlanner liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
16. PROPRIETARY RIGHTS TO CONTENT
User acknowledges and agrees that
content, including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in sponsor
advertisements or other information presented to User through the Service
("Content") is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. User is only permitted to use
this Content as expressly authorized by FamilyTimePlanner, and may not copy,
reproduce, distribute, or create derivative works from this Content without
express authorization.
17. GENERAL
The Terms and the relationship between
User and FamilyTimePlanner shall be governed by the laws of the State of
Georgia without regard to its conflict of law provisions. User and
FamilyTimePlanner agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Cobb, Georgia.
The failure of FamilyTimePlanner to
exercise or enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in
full force and effect.
User agrees that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the Terms are
for convenience only and have no legal or contractual effect.
18. RESPECT OF RIGHTS
User agrees
not to copy, replicate or attempt to reverse engineer any of the features
presented in a FamilyTimePlanner calendar.
19. SERVICE NOTIFICATIONS
User agrees
to receive notifications of service changes and upgrades via email and understands that such
notifications are necessary and voluntary in that the user can remove their email and userid at
any time by making such request to support@familytimeplanner.com. This is an 'opt-in' mailing list.
FamilyTimePlanner will not share user email addresses or other information
with any non-directly affiliated services.
