Last updated October 24, 2021
IMPORTANT, Read carefully: If you do not agree to all of the terms of this agreement, then do not access or use the service. By viewing or using all or any part of the service, downloading any materials or by completing the registration process, you and the entity you work for (collectively “you” or “your”) agree to be bound by all of the terms of this agreement.
When you click on the “I agree to the terms of service” button or when you otherwise use or access or transmit or download any part of the services (defined below) you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to (or cannot comply with) all of the terms of this agreement, then, you will not be authorized to use or access the services. Written approval is not a prerequisite to the validity or enforceability of this agreement and no solicitation of any such written approval by or on behalf of Schedulize shall be construed as an inference to the contrary. If this agreement is considered an offer by Schedulize, your acceptance is expressly limited to these terms.
This Terms of Service Agreement is entered into on the date of your acceptance between Schedulize.it. (“we,” “us,” “our,” or “Schedulize”) and the person, company or organization which you have identified previously (“Customer”, “you” or “your”), and includes any Schedulize Service Schedules, Service Orders, and other addenda accepted by you, and hereby incorporated herein (collectively, the “Agreement”).
1.1 “Schedulize onDemand” shall mean Schedulize’s online service provisioning and customer care portal which is used to activate, modify, or otherwise configure specific aspects of the Services which Customer has ordered.
1.2 “User” shall mean an Administrator, Viewer, Staff, etc. any person/resource that can connect to the service (login; password; SSO) or has a calendar on their name.
1.3 “End User” shall mean a person or entity interacting in a way or other with the Customer using any Schedulize Service.
1.4 “Service” shall mean any Schedulize service described in a Service Schedule and identified on a particular line item of a Service Order.
1.5 “Service Order” shall mean a request for Service submitted by the Customer to Schedulize, pursuant to an agreed Service Schedule, in the form of a Customer submission of Service Order data and purchase order through Schedulize onDemand, or in such other form as the Customer may elect and Schedulize may accept.
1.6 “Service Schedule” shall mean a schedule attached hereto, or signed or accepted between the parties from time to time and expressly incorporated into this Agreement, setting forth terms and conditions specific to a particular Service to be provided by Schedulize.
1.7 “Service Term” shall mean the duration of time, measured starting on the Service Commencement Date, for which Service is ordered, as specified in the Service Order.
1.8 “Software” means any Schedulize owned or Schedulize licensed third party computer software and associated documentation furnished to Customer as a means to facilitate Service by Schedulize.
License. Subject to the terms and conditions of this Agreement, including all exhibits and addenda attached hereto, Schedulize hereby: (i) grants Customer a non-exclusive, non-transferable license to use, display, copy and distribute the Schedulize software for the limited purpose of enabling the Customer’s End Users to engage with the Services in accordance with the terms and conditions of this Agreement; and (ii) grants to Customer the right to use the trademarks, trade names, service marks, and logos (collectively “Marks”) provided by Schedulize for the limited purpose of enabling the Customer’s End Users to engage with the Services in accordance with the terms and conditions of this Agreement. Customer hereby grants to Schedulize the right to use Customer’s Marks for the limited purpose of promotion, including but not limited to the preparation and publication of case studies and statistics.
Except as expressly provided herein, Schedulize and its licensors shall retain all right, title and interest in and to the Services.
3.1 Service Description. We shall provide the Customer with the Schedulize Services (“Services”) specified in each of the applicable Customer’s Service Schedules and Service Orders. The initial term (“Service Period”) and fees for the Services are described in each Service Order. Details of the Services are set forth in the applicable Service Schedule. Unless explicitly stated otherwise, you agree and understand that any new or different features that enhance or change the then-current Services which are made available to you shall also be deemed (“Services”) and shall be subject to the terms of this Agreement.
3.2 Service Orders. To order any Service, Customer or authorized Customer users may submit Service Orders requesting Services using the online service provisioning capabilities of the Schedulize onDemand portal. The Service Orders and their backup details must include a description of the Service, the non-recurring charges for Service, and the applicable Service term.
3.3 Online Service Provisioning. As provided in the applicable Service Schedule, Customer may use Schedulize onDemand to activate, modify, or otherwise configure specific aspects of the Services that Customer has ordered. Online provisioning actions by Customer’s authorized users shall be construed as Service Orders, and automatic provisioning by Schedulize in response to such online provisioning shall constitute acceptance of your Service Orders.
3.4 Acceptance by Schedulize. Upon receipt of a Service Order submitted through Schedulize onDemand. We will accept your order by commencing to provide the Service you ordered. Once we have accepted the Service Order by such means, we shall be obligated to provide the Service.
3.6 Compliance with Laws. You shall not permit the Software or Services to be used in violation of any applicable national, state, provincial, or local laws or regulations, including, without limitation, any laws governing the import of Services. We reserve the right to suspend the Services (or any portion thereof) without notice in the event that we believe that your use of the Services is in violation of this section. We reserve the right to terminate the Services in the event of recurrent or uncured violations of this section.
3.7 Modifications of Terms. Schedulize reserves the right to modify this Agreement at any time by providing notice. You shall be responsible for reviewing and becoming familiar with any such modifications. If you do not agree to the modified agreement, you can terminate this Agreement, subject however to the provisions of section 8.4 which provide that, if you terminate this Agreement for any reason, you will not be entitled to any refunds or credit for any reason (for partial months/periods of Services or otherwise).
3.8 Account, Password and Registration Obligations. In order to take advantage or make use of some of the features offered with the Services, you will be required to register and or create an account with Schedulize. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. Schedulize reserves the right to refuse services to any person or entity at any time and close your account at any time for any reason or no reason, in its sole discretion.
In consideration of your use and or access to Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms associated with the Services; (b) maintain the security of your user identification and password; (c) maintain and promptly update your registration data, and any other information you provide to Schedulize, to keep it accurate, current and complete; and (d) be fully responsible for the confidentiality, security and use of your user identification, password, and your account for any actions that take place using your user identification, password, and or account. Your failure to comply with any of the forgoing shall constitute a material breach of this Agreement, which may result in immediate termination of your account and access to the Services. You agree to notify Schedulize immediately if there is unauthorized access or use of your account and or your password. By obtaining a password, you authorize Schedulize to honor instructions from any person using that password as if you had given the instructions. All actions taken by use of your password will be your responsibility. You may change your password at any time.
4.1 Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials accessed through the Services (“Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Schedulize, are entirely responsible for all Content that you upload, post, transmit or otherwise provide via the Services. Schedulize does not control the Content uploaded, posted, transmitted or provided by any third parties and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is illegal, offensive, indecent or otherwise objectionable.
4.2 Use at Own Risk. Schedulize does not endorse, verify or take responsibility for any Content uploaded, posted, transmitted or provided via the Services. You agree to use, rely on and or accept any and all Content at your own risk. Schedulize and its affiliates and contractors will not be liable for any losses or damages incurred by you or others while using, accessing or relying on any Content. While Schedulize holds no obligation to monitor the Content, we reserve the right to monitor the Content if we so choose and to remove or edit all or part of such Content at our discretion at any time if it violates this Agreement, is harmful, unproductive or objectionable in any way, or for any other reason we in our sole discretion deem reasonable.
4.3 License of Content. Schedulize does not claim ownership of the Content you and your End Users upload, post, transmit or otherwise provide (“User Submission“). By uploading, posting, transmitting or otherwise providing User Submission of any kind you:
(a) Grant to Schedulize, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to collect, use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services to you or others, including without limitation, any concepts, ideas or know-how embodied therein;
(b) Represent and warrant to Schedulize that you own or otherwise control all rights to such User Submission and that disclosure and use of such User Submission by Schedulize as described herein (including without limitation, publishing the User Submission) will not infringe or violate the rights of any third party; and
(c) Acknowledge that the content may not be treated confidentially.
4.4 Use of Content. You may use, modify, reproduce, copy, store or distribute any of the Content obtained through the Services in whole or in part. All web pages which are part of the Services are protected by copyright as a collective work and or compilation, pursuant to Canadian copyright laws, international conventions, and other intellectual property laws.
You agree that you will not (and you will not permit or assist any third party, including your End Users, in):
(a) Interfering with, disrupting, or creating an undue burden on the Services (including the associated technology, software, hardware, platform, communications and web pages) of the Services or the networks associated with Services;
(b) attempting to or actually impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(c) selling or otherwise transferring to another your user id or password or account;
(d) harming minors or others in any way;
(e) posting, uploading, transmitting, distributing, providing or otherwise making available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(f) posting, uploading, transmitting, distributing, providing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) posting, uploading, transmitting, distributing, providing or otherwise making available Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h) posting, uploading, transmitting, distributing, providing or otherwise making available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) disobeying any requirements, procedures, policies or regulations of networks connected to the Services;
(j) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service or developing restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(k)”stalking” or otherwise harassing another using any component of the Services;
(l) collecting or storing personal data about other users of the Services other than for users who willingly provide such information in order to explore bona fide business opportunities or connections;
(m) intentionally or unintentionally violating any applicable local, state, provincial, national or international law;
(n) creating or submitting unwanted email or messaging (‘Spam’) to any other user of the Services;
(o) modifying any hyperlinks and other offers comprising the Service. Such hyperlinks may not be modified from the original form in which they and other offers are generally made available by Schedulize;
(p) reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Services except to the extent permitted or authorized by Schedulize;
(q) using the Services to create and or provide competing product(s) and or service(s);
(r) reverse engineering, reverse assembling or compiling or otherwise deriving or attempting to derive the source code or structure of the Services;
(s) modifying, reproducing, or creating any derivative works of the Services;
(t) removing any copyright or other proprietary notices contained in the Services;
(u) disclosing the performance results for the Services to any third party except as expressly authorized by Schedulize;
(v) modifying, publishing, transmitting, participating in the transfer or sale of, reproducing (except as provided herein), copying, storing, creating derivative works based on, distributing, performing, displaying, or in any way exploiting, any of the Services, except as expressly authorized by Schedulize or its licensors; and or
(w) using the Services to for any illegal or unlawful purpose.
For the avoidance of any doubt, any restrictions specified with respect to Services herein shall apply to the Services as a whole or any component or portion of the Services.
6.1 Service Level Guarantee and Limited Remedy. We shall provide the Service with the Service Level Guarantee prescribed in the applicable Service Schedule, provided that you meet the requirements listed in the Service Schedule for the Service Level Agreement. EXCEPT FOR YOUR RIGHT TO TERMINATE AS SET FORTH IN SECTION 10.2 BELOW, THE REMEDY MENTIONED IN THE SERVICE LEVEL GUARANTEE IS THE SOLE AND EXCLUSIVE REMEDY FOR FAILURE OR DEFECT IN THE SERVICE.
The Schedulize applications are hosted on a mirrored dedicated server environment in a secure location, fulfilling general global state-of-the art telecom requirements. The Customer acknowledges that utilization of the Services requires services provided by third party vendors. Such services include, among others, internet connectivity and global carrier services. Schedulize is not liable to the Customer for disruptions of Service availability resulting from, without limitation, any of the following:
(i) The fault or negligence of the Customer, its users, employees, agents or contractors;
(ii) Customers failure to comply with this Agreement;
(iii) A fault in, or any problem associated with equipment or software connected on the Customer’s or user’s side, services provided by third party vendors, internet traffic, transit and peering, and or connections provided and controlled by other companies;
(iv) Any Force Majeure event; or
(v) Planned Outages.
6.2 Service Interruptions or Issues. To report issues related to Service performance, you may contact Schedulize by creating a trouble ticket in Schedulize onDemand or by sending an email to firstname.lastname@example.org. In order for Schedulize to investigate any reported issues, you agree to provide us with supporting information we may reasonably request, which may include (as applicable), without limitation:
(i) IP address(es);
(ii) End-user specific information such as originating phone number, email address, Instant Messaging system address or cell phone number; and or
(iii) Advertiser information such as phone number.
6.3 Planned Outages. Planned Outages may be required on the Schedulize service platform, third party service providers, including associated hardware and or software for scheduled maintenance and upgrade activities. Schedulize will endeavor to notify the Customer at least 24hrs in advance. Schedulize will endeavor to limit the impacts such planned outages may have on the Customer.
6.4 Technical Support. Customer undertakes to implement and maintain an adequate support structure to offer first level support within its organization. To that end, without limiting the foregoing, the Customer shall ensure that at least one of its employees or agents are appointed to assume responsibility of all communications with Schedulize for customer technical support purposes. Only this person, or their duly appointed and adequately trained replacements, may contact Schedulize to require technical support in relation with any given problem.
6.5 Client Services Representative. The Schedulize onDemand system will help you keep track of your trouble ticket submissions. This will allow for prompt and accurate resolution to any issue that may arise. After submitting a trouble ticket, you will receive immediate confirmation that the client services and technical support teams have received your request.
6.6 Best efforts. Schedulize shall use commercially reasonable efforts to provide problem resolution but, given the nature of the Internet, cannot warrant that it will solve all problems at all times.
7.1 Confidentiality. Each party will refrain from using the other’s Confidential Information, except as contemplated by this Agreement, and from disclosing such Confidential Information to any third party. The parties will, in a commercially reasonable manner, store and protect the other party’s Confidential Information from unauthorized access. However, each party may disclose confidential information of the other party pursuant to order or requirement of a court, administrative agency, or other government body, provided that such disclosing party gives reasonable notice to the other party to allow them an opportunity to contest such disclosure order or requirement.
7.3 Collection and Use of Personal Data. Schedulize covenants and agrees that it shall refrain from acquiring, collecting or otherwise obtaining personal data from Customers or their End Users (collectively, “Personal User Data”) without your consent, and the consent of each such End User. We further acknowledge and agree Customers will own any and all such Personal User Data obtained by us in connection with the Service, and that the Personal User Data shall be deemed Customers’ Confidential Information, and shall not be used by us for any purpose except those expressly contemplated under this Agreement. Without limiting the foregoing, we agree that Schedulize shall not, nor permit any third party to, use, sell, distribute or otherwise disclose or make available any telephone numbers, fax numbers, Instant Messaging Addresses and E-mail addresses of End Users.
7.4 Confidentiality of Schedulize information. Customer shall ensure that its employees and agents have signed a non-disclosure agreement suitable for the protection of Schedulize’s confidential information.
7.5 Non-Competition. During the period covered by this agreement as well as for a period of one (1) year afterwards, the Customer aggress that it shall not market nor develop a product or service that competes with Schedulize’s products or services.
8.1 Monthly and Annual Payment. With Schedulize monthly and annual plans you pay for the Services upfront. You make a payment at the beginning of each billing period for use of the Services during that period. The Service will continue to be available as long as your credit card is valid and a payment is made at the beginning of each period. If a payment is not made, Schedulize will cease providing the Service to you until you make another payment.
8.2 Communications Credits. With Schedulize communication credits, you pay for additional telecommunications service upfront. You make a payment first, then use the Services and accrue costs until your funds run out. We’ll simply deduct your costs as you accrue them. The Service is available almost immediately after we receive your payment. Then, we’ll deduct the cost of actions on the Services that are provided on your website. The Service will continue to be available as long as there are adequate funds in your account. If your account runs out of funds, Schedulize will cease providing the Service to you until you make another payment. We’ll send you an email if your account does exhaust its balance.
8.3 Payment for Services. In the case of post-payment, If your bill is not paid within thirty (30) days after the invoice date listed on the bill (“Due Date”), you shall pay us additional interest charges equal to 1.5% per month and 18% per year of the unpaid balance due (or such lesser amount as is the maximum amount permitted under applicable law). If we initiate legal proceedings to collect any amount due hereunder and we substantially prevail in such proceedings then you shall pay the reasonable attorneys fees and costs incurred by us in prosecuting such proceedings and appeals. In addition to any other remedies under this agreement, we shall have the right to immediately and without further notice suspend Services to you in the event you fail to pay any undisputed charges by the Due Date of any such charges.
8.4 Billing Disputes. You must provide us with written notice of any disputed charges within forty-five (45) days after the invoice date noted on the bill or you shall be deemed to have waived your right to dispute such charges. If a dispute is filed on or before the Due Date for the applicable invoice, you shall pay the invoiced amount minus the disputed amount on or before the Due Date. The dispute notice shall set forth in reasonable detail the information concerning the disputed charges and reasons for the dispute. We shall attempt to work with you to resolve the dispute in good faith. If the dispute is subsequently resolved in our favor, you shall pay the disputed amount previously withheld within ten (10) days of such resolution, including interest at the rate specified above from the original due date. If the dispute is resolved in your favor, we shall issue a credit on your invoice for the disputed amount.
8.5 Prices. Prices stated in any Service Order accepted by Schedulize are guaranteed for the specified Service Period. You are also responsible for any applicable taxes, tariffs, telecommunications surcharges, or other governmental charges due on account of the Services. Except expressly defined in your Service Order, you are limited to 2,500 API calls per hour. We reserve the right to change the prices as of the beginning of any renewal Service Period by giving you thirty (30) days prior notice. If you receive a notice of increased fees and do not wish to renew the Services at the increased price, you may cancel the Services via Schedulize onDemand.
You agree that Schedulize shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8.6 Payment, Refunds, Upgrading and Downgrading. A valid credit card is required for paying accounts; you are responsible to update your credit card information if your credit card expires or is over the limit or no longer valid; Schedulize reserves the right to discontinue, temporarily or permanently your account if a valid credit card is not supplied at all times during the term of this Agreement. Notwithstanding the forgoing, if you are registering for our free Services, you are not required to provide a credit card number. Schedulize may bill you for its Services in advance (either on a monthly basis or otherwise in longer increments of time); all fees are non-refundable and no credits shall apply if the parties terminate this Agreement for any reason, this includes pre-paid accounts. You agree and understand that if you terminate this Agreement for any reason, you will not be entitled to any refunds or credit for any reason (for partial months/periods of Services or otherwise). All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade from a free account to a paying account, your credit card that you provide will be charged immediately. For any upgrade or downgrade in paying plan level, your credit card that you provided will automatically be charged the new rate. Downgrading your Service may cause the loss of Content, features, functionality or capacity associated with the Services you no longer receive. You agree and understand that Schedulize shall not be liable to you for any loss of data, features, functionality or capacity associated with any downgrade or upgrade in Services.
9.1 LIMITED WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
SCHEDULIZE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCHEDULIZE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.2 Indemnification. We will indemnify you for damages, costs and reasonable attorneys’ fees you incur from any claim that the Services or Software as provided to you by us infringe any patent, copyright, trademark, trade secret, or other intellectual property right under Canadian law. You will indemnify us from any damages, costs and reasonable attorneys’ fees we incur from any claim arising from the use of the Services, your combination of the Services and Software with other products or services not provided by us, or your modification of the Services and Software. The indemnifying party shall conduct the defense and shall have control of the litigation; the other party shall give prompt notice of claims and shall cooperate in defending against the claim.
You agree to indemnify and hold Schedulize, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your User Submissions, your use of the Services, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
9.3 LIMITATION OF LIABILITY. IN NO EVENT SHALL SCHEDULIZE (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN THE FEES YOU HAVE PAID FOR SERVICES IN THE PRIOR ONE (1) MONTH, EVEN IF SCHEDULIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, TO THE MINIMUM EXTENT REQUIRED UNDER SUCH LAWS, SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9.4 Exclusion of Liability. Schedulize shall have no obligation or liability to Customer if any infringement or trade secret misappropriation claim is based upon:
(i) The use of other than a current unaltered release of an Schedulize product or service if the infringement would have been avoided by the use of a current unaltered release of an Schedulize product or service;
(ii) The combination, operation or use of a Schedulize product or service with any programs, software or equipment not provided by Schedulize, if the infringement would have been avoided by the combination, operation or use of a Schedulize product or service with different programs, software or equipment;
(iii) The use of the Software in other than the operating environment specified for use by Schedulize if the infringement would have been avoided by use in the operating environment specified by Schedulize;
(iv) >The use of or access to a Schedulize product or service in any manner other than that for which it was provided by Schedulize; and or
(v) The use of a Schedulize product or service which has been modified by or for Customer in such a way as to cause it to infringe third party rights.
9.5 Third Party Infringement. Customer shall keep Schedulize informed of any third party infringement of a Schedulize product or service of which it may become informed.
9.6 Business Dealings. Your correspondence or business dealings with other users of the Services including, but not limited to, End Users, merchants, advertisers, service providers or your customers, including disputes regarding privacy, the scheduling appointments, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other user, End User, merchant or advertiser, service provider, or customer. You agree that Schedulize shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Schedulize retains the right to delete identifiable information about any user of the Services from any account if requested by such user.
10.1 Term and Renewal. The term, fees and renewal for the Services are described in each applicable Service Order. Unless specified differently in your Service Order, this Agreement will automatically go into effect for an Initial Term of one (1) year. Thereafter, the Service Term shall renew on an annual basis unless terminated by either party at least ninety (90) days prior to the expiration of the renewal service period.
10.2 Termination for Cause. Either party may terminate this Agreement if the other fails to cure a material breach of the Agreement within thirty (30) days after receiving written notice of the breach. We reserve the right, but assume no obligation, to suspend or terminate performance immediately if you fail to maintain a positive account balance or meet other payment requirements as defined in the Service Schedule.
11.1 Marks. Subject to Customer’s rights as per Sub-section 2.1iv), neither party shall have the right to use the other party’s or its Affiliates’ (hereinafter defined) trademarks, service marks, or trade names without the prior written consent of the other party.
11.2 Non-Disclosure. Any information or documentation disclosed between the parties during the performance of this Agreement shall be subject to the terms and conditions of the applicable non-disclosure agreement then in effect between the parties.
11.3 Reservation of Rights. Schedulize shall retain all intellectual property rights in and to the Service, the software used to provide the Service, and any modifications and enhancements thereto. Except as expressly provided herein, nothing contained herein shall be interpreted so as to transfer any right, title or interest in any intellectual property right of Schedulize, nor to grant Customer any rights or licenses in any intellectual property right of Schedulize.
11.4 Incidental Software. In the event we provide software to you in connection with the Services, we grant you and your end users a personal, non-exclusive, non-transferable license, for the duration of the Service term, to use such software in object code form only for the sole purpose of enabling you and your End Users to use the Services. We represent and you acknowledge that the software is copyrighted, that title to the software remains with our suppliers, or us, and that the content and design of such software are valuable trade secrets. Except as provided by the applicable Service Schedule, you agree not to (a) disclose or make available to third parties any portion of such software without our prior written permission; (b) copy or duplicate such software; (c) reverse engineer, decompile, or disassemble such software; or (d) modify or make derivative works of such software. You agree not to use such software after the Service period without obtaining a valid license from us, or the relevant third party supplier. YOU ACKNOWLEDGE THAT WE AND OUR THIRD PARTY SOFTWARE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRIGEMENT.
11.5 Marketing. You agree that Schedulize may use your name and logo to identify you as a customer of Schedulize on Schedulize’s website, and as a part of a general list of Schedulize customers for use and reference in Schedulize corporate, promotional and marketing literature. Additionally, you agree that Schedulize may issue a press release identifying you as a Schedulize customer and describing intended utilization and the benefits that you expect to receive from use of Schedulize services.
11.6 Proprietary Rights. You agree that all Content and materials delivered via the Services or otherwise made available by Schedulize are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Schedulize in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at Schedulize’s website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from Schedulize’s website to create or compile, directly or indirectly, a collection, database or directory without written permission from Schedulize is prohibited.
Reproducing, copying or distributing any content, materials or design elements available on the web pages associated with the Services for any other purpose is strictly prohibited without the express prior written permission of Schedulize. Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
12.1 Notices. All notices and communications under this Agreement shall be provided via Schedulize onDemand, addressed to the respective party as set forth below or to such other address as may be designated by the respective party. Notice shall be deemed given upon receipt. Notices shall be addressed as follows:
IF TO SCHEDULIZE.IT:
29035 5 Mile Road
Livonia, MI 48154
IF TO CUSTOMER:
At such address, email or facsimile number provided by Customer via Schedulize onDemand.
12.2 Force Majeure. If the performance of any obligation hereunder is interfered with by reason of any circumstances beyond a party’s reasonable control, including but not limited to acts of God, labor strikes and other labor disturbances, power surges or failures, or the act or omission of any third party, the party shall be excused from such performance to the extent necessary, provided the party shall use reasonable efforts to remove such causes of nonperformance.
12.3 Assignment. Customer may not assign this Agreement without the prior written permission of Schedulize. Schedulize may, at any time, assign this agreement to a party capable of meeting Schedulize’s obligations herein.
12.4 Customer Affiliates. The parties acknowledge and agree that Customer’s Affiliates and or any of its related or associated companies or entities may purchase Service under this Agreement, provided, however, any such Customer Affiliate and or related or associated companies or entities agree that such Service is provided pursuant to and governed by the terms and conditions of this Agreement. “Affiliate” shall mean an entity that now or in the future, directly or indirectly controls, is controlled by, or is under common control with, a party to this Agreement. For purposes of the foregoing, “control” shall mean the ownership of (i) greater than fifty percent (50%) of the voting power to elect directors of the company, or (ii) greater than fifty percent (50%) of the ownership interest in the company. Customer shall be jointly and severally liable for all claims and liabilities arising under this Agreement related to Service ordered by any Customer Affiliate and or related or associated companies or entities, and any event of default under this Agreement by any Customer Affiliate or related or associated companies or entities shall also be deemed an event of default by Customer. Any reference to Customer in this Agreement with respect to Service ordered by a Customer Affiliate or related or associated company or entities shall also be deemed a reference to the applicable Customer Agreement.
12.5 Governing Law. This Agreement shall be deemed executed in, and shall be construed in accordance with and governed by, the laws applicable in the province of Quebec, Canada, excluding its conflict of laws provisions. Customer understands and agrees that, as the amounts charged by Schedulize have been set in relation to the term of this agreement, Customer waives and therefore cannot invoke section 2125 of the Civil Code of Quebec, such section allowing early termination without cause.
12.6 Entire Agreement. The terms and conditions of this Agreement supersede all previous agreements, proposals, or representations related to the Services and Software. This Agreement sets forth the entire agreement and understanding between the parties pertaining to the subject matter hereof and supersedes all prior written or oral agreements between them. All Service Schedules, whether attached hereto or executed by the parties after the effective date of this Agreement, are integral parts hereof and are hereby made a part of this Agreement.
12.7 Modification of Agreement. This Agreement, including its attachments, may only be amended, modified, or supplemented by a separate written document duly executed by authorized representatives of both parties.
12.8 Independent contractors. The parties to this agreement are independent contractors and nothing in this agreement shall be deemed to create a joint venture, partnership, or agency relationship between the parties in this Agreement.
12.9 Order of Precedence. In the event of any conflict between this Agreement and the terms and conditions of any Service Schedule and or Service Order, the order of precedence is as follows: (1) Pre-existing written agreements which predate this Agreement; (2) the Service Schedule and this Agreement; and (3) the Schedulize onDemand online Service Order.
12.10 No Waiver. No failure by either party to enforce any right(s) hereunder shall constitute a waiver of such right(s).
12.11 Partial Invalidity. If any provision of this Agreement shall be declared invalid or unenforceable under applicable law, such invalidity or unenforceability shall not invalidate or render this Agreement unenforceable, but rather this Agreement shall be construed as if not containing the invalid or unenforceable provision. However, if such provision is an essential element of this Agreement, the parties shall promptly attempt to negotiate a substitute therefore that would preserve, to the fullest extent possible, the respective rights and obligations imposed on each party under this Agreement as originally executed.
12.12 No Third Party Beneficiaries. This agreement shall be binding upon, inure solely to the benefit of, and be enforceable by each party and their respective successors and assigns hereto, and nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
12.13 Language. This Agreement has been drawn up in the English language at the express wish of the parties. La présente entente a été rédigée en anglais selon la volonté expresse des parties.
This schedule is an integral part of the Terms of Services Agreement between Schedulize and the Customer.
Any capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Terms of Service Agreement.
1.1 “Call” shall mean a two-way voice communications session connecting an End User’s telephone to Customer’s telephony equipment.
1.2 “Call-to-Action Button” (“Button“) shall mean the graphical icon, text hyperlink, or other hyperlink object that launches an action as described in the Service Description (paragraph 2.1)
1.3 “Call-to-Action Box” shall mean the graphical user interface that appears after a Callto-Action Button is clicked, enabling the End User to either request for a voice communications session, a chat session, an appointment or service booking with the Customer, to enter a digital queue, to save the information for later or share the information with others about the Customer.
1.4 “End User” shall mean a person or entity interacting in a way or other with the Customer using any Schedulize Service.
1.5 “Caller ID” shall mean the ten digit caller identification telephone number, as provided by the End User’s Local Exchange Carrier, where and when available.
1.6 “Customer Service Representative” (“CSR”) shall mean a person or administrative user who either receives Click-to-Calls or manages Chat sessions, Appointments or any other Schedulize Service on behalf of Customer, regardless of the title given to such person by Customer.
1.7 “Service” shall mean the services described in the Service Description (paragraph 2.1).
1.8 “Originating Telephone Number” shall mean the End User’s telephone number for a phone-to-phone voice communication session.
1.9 “Terminating Telephone Number” shall mean the telephone number designated by the Customer to receive Calls when a Click-to-Call Button is clicked.
1.10 “Interchange Carrier” shall mean a long distance telephone company that connects calls across multiple local access and transport areas (LATAs).
1.11 “Local Exchange Carrier” shall mean a local telephone company that operates local switching equipment with Rate Centers and connects calls within a local access and transport areas (LATA) comprising multiple Rate Centers.
1.12 “Local Number” shall mean a telephone number associated with a specific geographically based Rate Center.
1.13 “Rate Center” shall mean a geographic area containing one or more telephone switching centers, used by telecommunications carries as the basis to define local-calling areas.
1.14 “Whisper” shall mean an audio message heard by the End User and/or by the Customer Service Representative at the beginning of a Call.
1.15 “Schedulize Platform” shall mean the portal allowing Customers to use the Schedulize Service to manage Appointments, Calls, Chat, Queues, Forms, Clients and any other Schedulize Services.
2.1 Service Description.
2.1.1 The Online Appointment Scheduling and CRM Service enables End Users to book an appointment online at any time based on either staff availabilities, or resource availabilities, and/or a selected service.
The Online Appointment Scheduling service allows for an End User to select a date, time, product and personnel for an appointment. When an appointment is scheduled, at the Customer’s discretion, a notification shall be sent to the End User via email or SMS, or both, notifying the End User of the pending appointment. If the Customer or End User cancels said appointment, another notification shall be sent to the Customer or Customer Representative and End User notifying them of the change in date and time.
The Customer shall be able to view all appointments via an online calendar that is built into the Company dashboard. The calendar shall also sync with 3rd party calendar providers. The Customer shall be able to update, add, delete, move and alter all appointments as needed to manage their business.
The Online Appointment Scheduling service shall allow Customers to export their current and future appointments into Excel format.
The Online Appointment Scheduling service includes the following features:
2.1.2 The Online Appointment Request Service enables End Users to click on a “Request an Appointment” button, choose a service and then select 1 to 5 potential dates/times for their appointment. An email is sent to the Customer with the End User’s requested times and contact information and the Customer must then confirm the appointment. Simultaneously, an email is sent to the End User to let him know that his appointment request has been sent to the Customer and that the business will contact him. This email also includes the Customer’s contact details.
2.1.3 The Contact Request Form Service enables End Users who are viewing a Customer related Web site on a Web browser to fill a pre-defined form to submit the relevant information to the Customer.
2.1.4 The Save and Share Service enables End Users who are viewing a Customer related Web site on a personal computer equipped with a Web browser to click a Save & Share Button and :
2.1.5 The Click-to-Call Service enables End Users who are viewing a Customer related Web site via a Web browser to click a Click-to-Call Button and enter their telephone number to initiate a two-way voice communication session with a Customer Service Representative. A Whisper message can be played to End Users and/or Customer Service Representatives at the outset of each call. Calls can be recorded, for the benefits of playback.
2.1.6 The Live Chat Service enables End Users who are viewing a Customer related website to action a “Live Chat” button and initiate a two-way chat session with the Customer. After clicking the “Live Chat” button, the End User enters his last and first name and email address into the related field. The system informs the Customer and tells to the End User he is being connected to the Customer shortly. When the Customer selects the End User chat from his console, both are on the chat.
2.1.7 The Queuing Management System Service allows End Users, as they enter in a Customer store, to fill in a digital queuing form with their name and phone number, and are then directly added to a virtual queue. The Customer Service Representative can control which End Users need to be served and when.
2.2 Call and Chat Recording. Customer hereby agrees and acknowledges that Schedulize may record, review and evaluate digitized telephone calls and chat sessions for internal quality assurance, performance measurement or at the request of the Customer. If the recording feature is activated, Customer hereby agrees to notify present and future employees that their conversations may be recorded. Customer acknowledges that this shall be relied upon by Schedulize, and is essential to the ability of Schedulize to provide such services. Customer shall indemnify and hold harmless Schedulize, its parents and affiliates, their respective officers, directors and employees, jointly and severally, against any liabilities, losses, damages, costs or expenses, including reasonable attorney’s fees, arising from any third party claim, action, or proceeding based upon or in a way related to or resulting from telephone call or chat session recording provisioned by or requested by Customer.
2.4 Reporting. Customer shall have access via Schedulize onDemand to continuously updated reporting on actions performed. Customer may designate reporting variables to pass data from their Web site(s) to Schedulize onDemand for reporting purposes. Customer may export reporting data for analysis using XML or Excel file formats.
2.5 Operation. Schedulize shall host, operate, administer, and maintain the Service.
2.6 Other Services. Schedulize shall provide such other professional services for integration, customization, training, or other purposes as may be ordered in a Service Order accepted by Schedulize.
3.1 Network Redundancy. Schedulize shall maximize Service availability by operating at least two geographically separated, load-balanced points of presence (PoPs) at all times. Schedulize shall maintain sufficient capacity such that 100% of expected traffic can be carried despite the loss of a PoP.
3.2 Service Availability. Service availability shall be defined as the availability of Schedulize’s servers to download Web pages (including the Actions Box) and to connect calls and the availability of Schedulize’s gateways and contracted inter-exchange carriers to bridge calls from End Users to Customer Service Representatives.
3.3 Service Level Goal. Schedulize shall use commercially reasonable efforts to meet or exceed a Service Level of 99.9% availability during every month of Service.
3.4 Local Exchange Carriers. Downtime on the part of local exchange carriers (LECs) serving either End Users or Customer Service Representatives is not under Schedulize’s control, and these carriers cannot be bypassed. Accordingly, downtime on the part of LECs shall not be included in measuring downtime or availability.
3.5 Disaster Recovery. Schedulize shall use commercially reasonable efforts to restore Service within 24 hours if all PoPs are destroyed or incapacitated.
This schedule is an integral part of the Terms of Service Agreement between Schedulize and Customer.
Any capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Terms of Service Agreement.
1.1 “Customer” shall mean any person or entity that purchases Schedulize Call Tracking Service.
1.2 “Call” shall mean a two-way voice communications session connecting a Caller’s telephone to a Customer’s telephone.
1.3 “Call Tracking Number” shall mean a telephone number assigned by Schedulize that a Caller may dial to be connected to Customer at the Terminating Telephone Number.
1.4 “Caller” shall mean a person who dials a call via a Call Tracking Number.
1.5 “Caller Demographic Information” shall mean information derived from the Caller’s Originating Telephone Number, which may include a name for the head of household, address of the Originating Telephone Number, neighborhood demographics, and or other information which may be available from telecommunications providers and other sources.
1.6 “Caller ID” shall mean the ten digit caller identification telephone number, as provided by the Caller’s Local Exchange Carrier, where and when available.
1.7 “Customer Service Representative” (“CSR”) shall mean a person who answers Calls on behalf of Customer, regardless of the title given to such person by Customer.
1.8 “Schedulize Call Tracking Service” (the “Service”) shall mean the service described in the Service Description (paragraph 2.1).
1.9 “Interchange Carrier” shall mean a long distance telephone company that connects calls across multiple local access and transport areas (LATAs).
1.10 “Local Exchange Carrier” shall mean a local telephone company that operates local switching equipment within Rate Centers and that connects calls within local access and transport areas (LATA) comprising multiple Rate Centers.
1.11 “Local Number” shall mean a telephone number associated with a specific geographically based Rate Center.
1.12 “Originating Telephone Number” shall mean the Caller’s telephone number.
1.13 “Rate Center” shall mean a geographic area containing one or more telephone switching centers, used by telecommunications carriers as the basis to define local and toll-calling areas.
1.14 “Terminating Telephone Number” shall mean the telephone number designated by the Customer to receive Calls when a tracking number is called.
1.15 “Toll Free Number” shall mean a telephone number that a Caller may dial to be connected to a called party outside of the local calling area without the Caller needing to pay long distance toll charges.
1.16 “Schedulize onDemand User” shall mean an authorized Customer or Customer representative who accesses the Schedulize customer care portal known as Schedulize onDemand.
1.17 “Whisper” shall mean an audio message heard by the Caller at the beginning of a Call.
2.1 Service Description. The Schedulize Call Tracking Service enables Customer to obtain Call Tracking Numbers from Schedulize, which may be published by Customer in advertisements and other media. When a Caller dials a Call Tracking Number, Schedulize shall connect the Caller to the Terminating Telephone Number designated by Customer. Schedulize shall provide Customer with access to provisioning and reporting tools and options through Schedulize onDemand.
2.2 Provisioning. Customer shall designate Schedulize onDemand Users who shall access the Schedulize onDemand portal to provision (set up) Call Tracking Numbers either directly through “Manual Provisioning tool”, indirectly using the Excel (“Bulk Provisioning tool”) or automatically using the XML provisioning option available in Schedulize onDemand. Once activated, any fees associated with a Call Tracking Number shall be billed to Customer. Subject to any limitations specified in the Service Order form, Customer may suspend or delete Call Tracking Numbers within Schedulize onDemand.
2.2.1 Selecting Call Tracking Numbers. Customer may request/provision Call Tracking Numbers from Schedulize’s Local Number or Toll Free Number inventory, in which case Schedulize shall make commercially reasonable efforts to activate the Service for the requested number immediately. Customer may request Call Tracking Numbers for Rate Centers not currently in inventory in which case Schedulize shall make commercially reasonable efforts to activate the Service for the requested number within ten (10) business days.
2.2.2 Terminating Numbers. Customer shall designate the Terminating Telephone Number for each Call Tracking Number. Terminating Numbers shall be limited to the territory specified in the Schedulize Call Tracking Service Order.
2.2.3 Reporting Variables. Customer shall provide the names and values of reporting variables that it wishes to use to analyze Call traffic.
2.4 Call Demographic Information. To the extent specified in the Service Order, and where Caller ID is available, Schedulize shall query one or more sources of Call Demographic Information and include this information in Schedulize’s reporting database.
2.5 Call Recording. Customer hereby agrees and acknowledges that Schedulize may record, review and evaluate digitized telephone calls for internal quality assurance, performance measurement or at the request of the Customer. If the Call Recording feature is activated, Customer hereby agrees to notify present and future employees that their conversations may be recorded. Customer acknowledges that this shall be relied upon by Schedulize, and is essential to the ability of Schedulize to provide the Call Recording services. Customer shall indemnify and hold harmless Schedulize, its parents and affiliates, their respective officers, directors and employees, jointly and severally, against any liabilities, losses, damages, costs or expenses, including reasonable attorney’s fees, arising from any third party claim, action, or proceeding based upon or in a way related to or resulting from Call Recording provisioned by or requested by Customer.
2.6 Operation. Schedulize shall host, operate, administer, and maintain the Service.
2.7 Schedulize Training. Schedulize shall provide familiarization training, by telephone, for initial Schedulize onDemand Users.
2.8 Other Services. Schedulize shall provide such other professional services for integration, customization, training, or other purposes as may be ordered in a Service Order accepted by Schedulize.
3.1 Network Redundancy. Schedulize shall maximize Service availability by operating at least two geographically separated, load-balanced points of presence (PoPs) at all times. Schedulize shall maintain sufficient capacity such that 100% of expected Call Tracking traffic can be carried despite the loss of a PoP.
3.2 Service Availability. Service availability shall be defined as the availability of Schedulize’s servers to route calls, and the availability of Schedulize’s gateways and contracted interchange carriers to bridge calls from Callers to Customers’ Terminating Telephone Numbers.
3.3 Service Level Goal. Schedulize shall use commercially reasonable efforts to meet or exceed a Service Level of 99.9% availability during every month of Service.
3.4 Minimum Service Level. Failure by Schedulize to deliver at least 99% system availability during a calendar month shall be considered a material breach of the Agreement. Customer may terminate this Agreement without penalty upon (30) days written notice to Schedulize, provided Customer must base its decision to terminate on commercially reasonable grounds. Schedulize shall not be responsible for any failure to meet performance standard resulting from any act or omission by Customer or from circumstances beyond Schedulize’s reasonable control.
3.5 Local Exchange Carriers Performance. Downtime on the part of local exchange carriers (LECs) serving either Caller’s Originating Telephone Numbers or Customers’ Terminating Telephone Numbers is not under Schedulize’s control, and these carriers cannot be bypassed. Accordingly, downtime on the part of LECs shall not be included in measuring downtime or availability. In the event a LEC fails to perform as required, Schedulize may transfer the numbers to another LEC or provide new numbers, depending on the circumstances. If a LEC fails to provide continuous service or to promptly handle local number provisioning requests, Customer may request and Schedulize shall agree to enter into an agreement with another LEC to provide such services.
3.6 Inter-Exchange Carrier Performance. Schedulize shall obtain toll free numbers from one or more inter-exchange carriers (“IXCs”). Schedulize shall make commercially reasonable efforts to provide continuity in the availability of those numbers. Schedulize shall not be responsible for failure on the part of the IXC to provide continuous service or to promptly handle toll free number provisioning requests. In the event an IXC fails to perform as required, Schedulize may transfer the numbers to another IXC or provide new numbers, depending on the circumstances.
3.7 No Withdrawal of Numbers. Schedulize agrees that upon provision of a local number to Customer that Schedulize shall not withdraw the number from Customer during the term of this Agreement or any extensions thereof.
3.8 Disaster Recovery. Schedulize shall use commercially reasonable efforts to restore Service within 24 hours if all PoPs are destroyed or incapacitated.
Last updated: Jan 31, 2021
Thank you for shopping at Schedulize.It.
If, for any reason, You are not completely satisfied with a purchase We invite You to review our policy on refunds and returns.
The following terms are applicable for any products that you purchased with us.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Return and Refund Policy:
You are entitled to cancel Your Order within 30 days without giving any reason for doing so.
The deadline for cancelling an Order is 30 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
In order for the Goods to be eligible for a return, please make sure that:
The following Goods cannot be returned:
We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our
Only regular priced Goods may be refunded. Unfortunately, Goods on sale cannot be refunded. This exclusion may not apply to You if it is not permitted by applicable law.
You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:
Contact us via email at: email@example.com
We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.
If the Goods were marked as a gift when purchased and then shipped directly to you, You’ll receive a gift credit for the value of your return. Once the returned product is received, a gift certificate will be mailed to You.
If the Goods weren’t marked as a gift when purchased, or the gift giver had the Order shipped to themselves to give it to You later, We will send the refund to the gift giver.
If you have any questions about our Returns and Refunds Policy, please contact us:
Last updated: January 8, 2022
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of the CCPA, Personal Data means “personal information” as defined under the CCPA and includes any information that identifies, relates to, describes or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
While using Our Service, We may ask You to provide Us with certain Personal Data that can be used to contact or identify You as well as to open an account with Us. Personally Data may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies? .
We use both Session and Persistent Cookies for the purposes set out below:
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
The Company may use Personal Data for the following purposes:
We may share Your personal information in the following situations:
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We collect “personal information” as defined under the CCPA, which includes information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Examples: Records and history of products or services purchased or considered.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Examples: Interaction with our Service or advertisement.
Examples: Approximate physical location.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Examples: Current or past job history or performance evaluations.
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
[All categories of personal information may be disclosed to database or data storage and archiving service providers in connection with the storage and other processing of such information.]
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
We may share Your personal information identified in the above categories with the following categories of third parties:
[Consider Examples. Also, recommend disclosing categories of third parties you shared info with in the past 12 months.]
We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
We cannot respond to Your request or provide You with the required information if we cannot:
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.
[Recommend adding a discussion of what steps you will take to verify information.]
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Last updated: January 8, 2022
This website is operated by Schedulize.it (SZ). Throughout the site, the terms “we”, “us” and “our” refer to SZ. SZ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer under applicable law, your acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of the Service.
We reserve the right to refuse the Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only to clients of schedulize.it
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or the Service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SZ, our directors, officers, managers, owners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless SZ and our parent, subsidiaries, affiliates, members, partners, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions.Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of Michigan.
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org