SaveMyTime provides its service (”Service”) to you, subject to the following Terms of Service (”TOS”). The TOS tell you what you can expect from the Service, and what SaveMyTime expects of you. SaveMyTime may amend the TOS at any time by posting an amended TOS on our website.
2 REGISTRATION OBLIGATIONS
Membership registration is required before you can access the Service. You agree to provide complete, true and accurate information, as may be required, when registering for the Service and to promptly update these should there be any subsequent changes thereto.
SaveMyTime reserves the right to suspend or terminate your membership and/or access to the Service should it be found that any of the information you provided in your membership registration is untrue, inaccurate, or incomplete, or should reasonable grounds arise for SaveMyTime to suspect that the information you provided are untrue, inaccurate, or incomplete.
SaveMyTime does not assume any obligation to provide any third party facilities for access to the Service. You are responsible for obtaining access to the Service, which responsibility may include providing the necessary equipment and payments for fees and charges to third parties for data, Internet, and other services.
Every time you access the Service shall be possible only upon entering your login name and password which you initially set during the registration process. You shall be responsible for maintaining the confidentiality of your password and login name, and shall likewise be responsible for all your activities and transactions, including payment of purchases and fees incurred, arising from the use of your login name and password.
SaveMyTime does not assume any liability whatsoever for the use of your login name, password or credit card information. Any and all purchases and fees incurred arising from your membership shall be for your account.
You undertake to immediately notify SaveMyTime of any unauthorized use of your membership or any other breach of security upon discovery thereof. SaveMyTime shall assume no liability whatsoever for any unauthorized access to the Service using your login name and password prior to such notice.
3 SUBSCRIPTION, FEES
Individuals may obtain a membership with the Service without paying a fee. SaveMyTime will charge fees to access certain components of the Service. If you must pay a fee to access a component of the Service, this information will be posted by SaveMyTime on the Service. You may use a credit card to pay these fees. When you use a credit card for payment, you represent to SaveMyTime that you are the authorized card holder. For recurring fees, SaveMyTime will charge your credit card each month. For one-time fees, SaveMyTime will charge your credit card once. SaveMyTime reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but SaveMyTime will not refund any fees that may have accrued to your membership before you cancel it. SaveMyTime may also charge you for any sales or use taxes to which the Service is subject.
4 PROHIBITED USES
You agree that you will not impersonate any person, including a SaveMyTime employee or agent on the Service; violate any local, state, or national law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in the TOS; reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5 RIGHTS TO OWNERSHIP
The access and use of the Service as provided in these TOS do not constitute as a transfer or sale of SaveMyTime’s ownership rights in the SaveMyTime Database. SaveMyTime retains all rights, title, and interest in and to the SaveMyTime Database including all related intellectual property rights. You agree to use your best efforts in preventing and protecting the contents of the SaveMyTime Database against any unauthorized use or distribution. You agree not to sell, assign, rent, lease, sublicense, loan, distribute, transmit, or otherwise transfer any content of the service, including the SaveMyTime Database, as well as your rights and obligations under the TOS. You likewise agree not to copy or reproduce in any form; alter, modify, or create derivative works or publicly display any content of the Service, including the SaveMyTime Database, except those expressly authorized in the TOS.
6 AGE RESTRICTIONS
Any minor below the age of sixteen (16) years old is expressly prohibited from accessing, purchasing, or using any of SaveMyTime’s products and services. By registering your membership with SaveMyTime, installing, accessing and using the Service, and accepting these TOS, you represent and warrant to SaveMyTime that you are already sixteen (16) years old at the very least.
7 USER WARRANTY
You represent and warrant to SaveMyTime: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to SaveMyTime; and (c) you will pay all charges that you incur at SaveMyTime’s then-current rates.
You agree to indemnify and hold SaveMyTime, and its subsidiaries, affiliates, officers, agents, and employees, free and harmless from any claim or demand, including those for reasonable attorneys’ fees and/or litigation costs, made by any third party due to or arising from your use of the Service and for any violation of the TOS or rights of any third party.
9 MODIFICATION TO SERVICES
SaveMyTime reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. SaveMyTime will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Service may provide links to third party web sites. SaveMyTime has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. SaveMyTime will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
11 DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SaveMyTime EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SaveMyTime OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
12 LIMITATION OF LIABILITY
SaveMyTime WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SaveMyTime HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL SaveMyTime’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO SaveMyTime IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SaveMyTime, the SaveMyTime logo, and other SaveMyTime logos, products and service names are trademarks of SaveMyTime. You must not display or use them in any manner.
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by SaveMyTime to collect fees or recover damages for, or obtain an injunction relating to, SaveMyTime’s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the Polish Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Warsaw, Poland, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or SaveMyTime may seek any interim or preliminary relief from a court of competent jurisdiction in Warsaw, Poland necessary to protect the rights or property of you or SaveMyTime pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
15 GENERAL INFORMATION
SaveMyTime may communicate with you and provide notifications in accordance with the TOS through email, regular mail, or conspicuous notices and/or links of notices to you posted on the Service.
The TOS constitutes the all the terms agreed upon between you and SaveMyTime as to the use of the Service, and there can be, between the parties herein and their successors in interest, no evidence of such terms other than the contents of the TOS, superseding any prior agreements between you and SaveMyTime. However, additional terms and conditions may be imposed upon you should you use other SaveMyTime products or services.
The TOS and the relationship between you and SaveMyTime will be governed by the laws of Poland, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Warsaw, Poland. The failure of SaveMyTime to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.