Terms of Service

 

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.