Time Doctor shall provide its software and website merely as a service ("Service") to you, subject to the Time Doctor Terms of Service ("TDTOS") and shall not be construed in any way as a contract for any other purpose. Time Doctor reserves the right to amend the TDTOS at any time. Should there be such amendments, these shall become effective only upon the posting of the TDTOS, as amended, on our website.
REGISTERING FOR THE SERVICE
Membership registration is required before you can access the Service. You agree to provide complete, true and accurate information, as may be required, when registering for the Service and to promptly update these should there be any subsequent changes thereto.
Time Doctor reserves the right to suspend or terminate your membership and/or access to the Service should it be found that any of the information you provided in your membership registration is untrue, inaccurate, or incomplete, or should reasonable grounds arise for Time Doctor to suspect that the information you provided are untrue, inaccurate, or incomplete.
Time Doctor does not assume any obligation to provide any third party facilities for access to the Service. You are responsible for obtaining access to the Service, which responsibility may include providing the necessary equipment and payments for fees and charges to third parties for data, Internet, and other services.
Every time you access the Service shall be possible only upon entering your login name and password which you initially set during the registration process. You shall be responsible for maintaining the confidentiality of your password and login name, and shall likewise be responsible for all your activities and transactions, including payment of purchases and fees incurred, arising from the use of your login name and password.
Time Doctor does not assume any liability whatsoever for the use of your login name, password or credit card information. Any and all purchases and fees incurred arising from your membership shall be for your account.
You undertake to immediately notify Time Doctor of any unauthorized use of your membership or any other breach of security upon discovery thereof. Time Doctor shall assume no liability whatsoever for any unauthorized access to the Service using your login name and password prior to such notice.
Membership registration with the Service is free. Upon prior notice however, your access to certain components of the service shall be charged an appropriate fee which shall be payable through credit card.
By using a credit card for the payment of the fees, you represent and warrant to Time Doctor that you are the authorized card holder and absolve Time Doctor of any liability for any charges arising from the use of the Service.
For single transactions, Time Doctor shall charge the fees to your credit card once while recurring fees will be charged to your credit card on a monthly basis. Time Doctor reserves the right to amend its schedule of fees and/or change its billing methods. Should you find any change or amendment unacceptable, you may opt to cancel your membership without however any right to demand refund for fees that have already accrued prior to such cancellation. Time Doctor reserves the right to impose upon you any sales or use taxes which the Service may be subjected to.
PROHIBITED USES OF THE SERVICE
Your access to and use of the Service shall be construed as an express undertaking on your part that, you will not:
- Impersonate any person, including any Time Doctor employee or agent;
- Violate any local, state, or national law; harass other people or collect or store data about them;
- Use any device, software or routine that would, in any way, interfere or attempt to interfere with the normal operation of the Service;
- Employ any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Service or of its components;
- Use the Service in any manner not expressly authorized in the TDTOS;
- Reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion thereof, including its use and access, for any commercial purposes.
RIGHTS TO OWNERSHIP AND TRANSFER
The access and use of the Service as provided in these TDTOS do not constitute as a transfer or sale of Time Doctor's ownership rights in the Time Doctor Database. Time Doctor retains all rights, title, and interest in and to the Time Doctor Database including all related intellectual property rights. You agree to use your best efforts in preventing and protecting the contents of the Time Doctor Database against any unauthorized use or distribution. You agree not to sell, assign, rent, lease, sublicense, loan, distribute, transmit, or otherwise transfer any content of the service, including the Time Doctor Database, as well as your rights and obligations under the TDTOS. You likewise agree not to copy or reproduce in any form; alter, modify, or create derivative works or publicly display any content of the Service, including the Time Doctor Database, except those expressly authorized in the TDTOS.
Any minor below the age of thirteen (13) years old is expressly prohibited from accessing, purchasing, or using any of Time Doctor's products and services. By registering your membership with Time Doctor, installing, accessing and using the Service, and accepting these TDTOS, you represent and warrant to Time Doctor that you are already thirteen (13) years old at the very least.
You represent and warrant to Time Doctor: (a) that you have full power, authority, and legal capacity to enter into the Agreements and abide by its obligations, and if registering on behalf of a company or other entity, that you have been conferred full authority to bind your principal or employer company; (b) you have provided complete and accurate information to Time Doctor; and (c) you will pay Time Doctor all charges at the prevailing rate when these charges were incurred.
You agree to indemnify and hold Time Doctor, and its subsidiaries, affiliates, officers, agents, and employees, free and harmless from any claim or demand, including those for reasonable attorneys' fees and/or litigation costs, made by any third party due to or arising from your use of the Service and for any violation of the TDTOS or rights of any third party.
CHANGES TO THE SERVICE
Time Doctor reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service or any part of thereof with or without prior notice. Time Doctor shall assume no liability to you or to any third party for any modification, suspension, or discontinuance of the Service.
You retain the right to terminate or cancel your membership at any time.
You may likewise cancel your membership or subscription to a particular component of the Service, as a matter of right and as your only available remedy, in case of any disagreement or dispute with Time Doctor such as, but not limited to those related to, or arising out of:
- (a) the interpretation of the TDTOS or of Time Doctor's enforcement or application of the TDTOS;
- (b) any policy or practice of Time Doctor, including the those on privacy, as well as on their enforcement and/or application;
- (c) data available through the Service;
- (d) access and use the Service; or
- (e) amount and nature of imposed fees, surcharges, applicable taxes, and any Time Doctor billing methods.
Time Doctor retains its sole discretion to terminate your membership and remove and discard any of your Recommendations without prior notice and based on reasonable grounds, for suspected violations on your part or for acts inconsistent with the TDTOS. Time Doctor assumes no liability to you for the termination of your membership to the Service.
Sections 5, 6, 7, 8, 12, 13, 14, 15, and 16 shall subsist and remain in force notwithstanding the termination of your membership or of the application of the TDTOS.
LINKS TO EXTERNAL WEBSITES
The Service may provide links to third party websites. However, Time Doctor does not endorse these websites and assumes no warranty, liability and/or responsibility for their availability, content, goods, or services promised, offered or otherwise made available from these sites. Time Doctor shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or arising from the use of or reliance on any content, goods, or services available through these third party websites.
DISCLAIMER OF WARRANTIES
THE SERVICE IS AVAILABLE FOR YOUR USE AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TIME DOCTOR EXPRESSLY DISAVOWS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TIME DOCTOR ASSUMES NO WARRANTIES FOR THE ACCURACY AND TRUTHFULNESS OF MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE. THE DOWNLOAD AND USE OF THESE DATA SHALL BE AT YOUR OWN DISCRETION AND RISK. ANY DAMAGE, LOSS OF DATA OR ANY FORM OF INJURY RESULTING FROM YOUR USE OF THE SERVICE SHALL BE YOUR SOLE RESPONSIBILITY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIME DOCTOR OR THROUGH OR FROM THE SERVICE SHALL CONSTITUTE AS AN EXPRESS OR IMPLIED WARRANTY EXCEPT THOSE EXPRESSLY STATED IN THE TDTOS.
THE FOREGOING DOES NOT APPLY IN JURISDICTIONS PROHIBITING THE DISCLAIMER OF IMPLIED WARRANTIES. THIS WARRANTY HOWEVER IS APPLICABLE ONLY WHEN AND WHERE IT MAY BE AVAILABLE IN ADDITION TO OTHER SPECIFIC LEGAL RIGHTS THAT MAY BE AVAILABLE FROM STATE TO STATE.
LIMITATION OF LIABILITY
TIME DOCTOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (NOTWITHSTANDING PRIOR ADVISE TO TIME DOCTOR OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL TIME DOCTOR'S TOTAL LIABILITY, IF ANY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER THEY ARE BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED:
(A) THE AMOUNT OF FEES PAID BY YOU TO TIME DOCTOR IN THE 12 MONTHS PRECEDING THE CAUSE OF ACTION THAT GAVE RISE TO LIABILITY, IF ANY, OR
(B) THE AMOUNT OF $100, WHICHEVER IS LOWER.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TDTOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Time Doctor, the Time Doctor logo, and other Time Doctor logos, products and service names are trademarks of and belong exclusively to Time Doctor. You may not display or use them in any manner or form without the express and prior consent of Time Doctor.
Excluding any legal action instituted by Time Doctor to collect fees, recover damages, or to secure an injunction order, Time Doctor's intellectual property rights or the Service, any other legal controversy or claim arising out of or relating to the Service, TDTOS or Time Doctor's intellectual property rights, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any compromise or settlement reached shall be final and immediately binding upon the parties herein.
Arbitration for any controversy or claim shall proceed independently and shall not be consolidated with any other arbitration proceedings relating to claims or controversies involving any other parties. The arbitration proceedings shall be exclusively conducted within Clarke County Nevada, and judgment on the arbitration award may be entered with any court having jurisdiction. Either party herein may seek appropriate interim or preliminary relief from a court of competent jurisdiction in Clarke County Nevada to protect his/its respective rights or property pending the completion of arbitration. Should either party herein file an action in contravention of this provision, the other party may recover attorney's fees and costs not to exceed the amount of $1,000.00.
Time Doctor may communicate with you and provide notifications in accordance with the TDTOS through email, regular mail, or conspicuous notices and/or links of notices to you posted on the Service.
The TDTOS constitutes the all the terms agreed upon between you and Time Doctor as to the use of the Service, and there can be, between the parties herein and their successors in interest, no evidence of such terms other than the contents of the TDTOS, superseding any prior agreements between you and Time Doctor. However, additional terms and conditions may be imposed upon you should you use other Time Doctor products or services.
The TDTOS, including the relationship between you and Time Doctor, shall be governed exclusively by the laws of the State of Nevada notwithstanding its conflict of law provisions. You agree to voluntarily submit to the jurisdiction of the state and federal courts located in Clarke County Nevada.
The failure of Time Doctor to exercise or enforce any right or provision of the TDTOS shall not be construed as a waiver to exercise its right or enforce such provision. Any provision of the TDTOS declared to be invalid or unenforceable shall not affect or invalidate the remaining provisions of the TDTOS which shall remain in full force and effect.
Any claim or cause of action arising out of or related to use of the Service or the TDTOS must be filed within one (1) year after the claim or cause of action accrues; otherwise, the same shall be forever barred.