Terms of Service
The following Terms of Service ("Terms") govern your use of our websites at busytime.org (the "Sites"), as well as all related websites, networks, hardware, and other services provided by us (collectively, together with the Sites, the "Service") operated by BusyTime USA, LLC.
Please review all of the Terms carefully. By using any of the Service provided or operated by BusyTime, you signify that you have read, understood and agreed to be bound by these Terms, including all BusyTime policies referenced, that apply to your use of the Service. If you are agreeing to these Terms for use by an organization or company, you are agreeing to these terms on behalf of that organization (in such a case, the terms "you" and "your", as used in these Terms, shall apply to both you and your organization). Your use of the Service is subject to the following terms and all applicable laws. By accessing the Service, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use the Service. You are responsible for ensuring that your access to the Service and the material available on or through it are legal in each jurisdiction in or through which you access or view the website or mobile app or such material.
The BusyTime Privacy Policy, available at https://busytime.org/privacy, which you agreed to when you using the Services is incorporated by reference as part of these Terms.
These Terms provide that all disputes between you and BusyTime will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 18 below for the details regarding your agreement to arbitrate any disputes with BusyTime
BusyTime Services.
You may access and use the Service under the terms and conditions of these Terms. The BusyTime hardware is purchased separately and may be subject to additional terms and conditions. BusyTime and its affiliates attempt to be as accurate as possible in describing all products available for sale. However, BusyTime does not warrant that product descriptions or other content of this website and/or mobile app are accurate, complete, reliable, current or error-free. The prices, details and availability of features provided by this Service are subject to change without notice. This website and/or mobile app and its contents are not to be construed as an offer to sell any product or service.
Eligibility.
You must be at least sixteen (16) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least sixteen (16) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an organization or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
attempt to do any of the foregoing in this Section 8, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 8.
Third-Party Services and Linked Websites.
BusyTime may provide tools through the Service that enable you to import and export information, including Content, to and from third party services, including through features that allow you to link your account on a third-party service, such as Google Calendar. By using these tools, you agree that BusyTime may transfer and/or import such information and Content to and/or from the applicable third-party service. Such third-party services are not under BusyTime's control and BusyTime is not responsible for their provision of your information and Content. The Service may also contain links to third-party websites. Such linked websites are also not under BusyTime's control, and BusyTime is not responsible for their content. Also, by using the Service, you acknowledge and agree that BusyTime is not responsible for examining or evaluating the content, accuracy, completeness, validity, copyright compliance, legality, decency, quality or any other aspect of such third- party content or websites. BusyTime, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services. Your use of such Third-Party services may be subject to a different set of Terms & Conditions and Privacy Policies which can be found on the website and/or mobile app of the respective Third-Party service.
Termination of Use; Discontinuation and Modification of the Service.
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, BusyTime may, without notice, terminate your account on the Service or suspend or terminate your access to the Service at any time when, in BusyTime's sole discretion, it believes it is necessary to do so for its provision of the Service. BusyTime also reserves the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. BusyTime will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by discontinuing the use of the service.
Privacy Policy; Additional Terms
Privacy Policy.
Please read the BusyTime Privacy Policy carefully for information relating to BusyTime's collection, use, storage and disclosure of your personal information. The BusyTime Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms. Privacy Policy is available at https://busytime.org/privacy
Additional Terms.
Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that BusyTime may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that BusyTime may offer, or rules applicable to particular features or content on the Service, subject to Section 12 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
Changes to the Terms.
BusyTime reserves the right, at its discretion, to change these Terms at any time. We encourage you to check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, BusyTime will make reasonable efforts to notify you of such change. All changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
Ownership; Proprietary Rights.
The Service is owned and operated by BusyTime USA, LLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the "Materials") provided by BusyTime are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of BusyTime or its third-party licensors. Except as expressly authorized by BusyTime, you may not make use of the Materials.
BusyTime reserves all rights to the Materials not granted expressly in these Terms.
Indemnity.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless BusyTime and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "BusyTime Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. BusyTime reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with BusyTime's defense of such claim.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. BUSYTIME DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE BUSYTIME ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BUSYTIME ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY
ASSOCIATED WEBSITES, OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF CONTENT OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL THE BUSYTIME ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BUSYTIME ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BUSYTIME ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO BUSYTIME FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law.
These Terms shall be governed by the laws of the State of Washington without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and BusyTime agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating all such disputes.
General.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and BusyTime regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without BusyTime's prior written consent. BusyTime may assign these Terms at any time without notice. The failure to require performance of any provision will not affect BusyTime's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
Dispute Resolution and Arbitration
General.
In the interest of resolving disputes between you and BusyTime in the most expedient and cost-effective manner, you and BusyTime agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The parties' agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BUSYTIME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions.
Notwithstanding the above subsection (General), both parties agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of the parties' right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitrator.
Any arbitration between you and BusyTime will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by theseTerms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BusyTime
Notice & Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that BusyTime does not have a physical address on file for you, by electronic mail ("Notice"). BusyTime's address for Notice is: available upon request via email. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). BusyTime agrees to use good faith efforts to resolve the claim directly, but if BusyTime does not reach an agreement to do so within thirty (90) days after the Notice is received, you or BusyTime may commence an arbitration proceeding.
Fees.
The payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in King County, Washington, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (30) days of the arbitrator's ruling on the merits.
No Class Actions.
YOU AND BUSYTIME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BusyTime agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications.
In the event that BusyTime makes any future change to this arbitration provision (other than a change to BusyTime's address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to BusyTime's address for Notice, in which case your account with BusyTime shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
Enforceability.
If Subsection "No Class Actions" is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section "Governing Law" shall govern any action arising out of or related to these Terms.
Feedback.
BusyTime welcomes your comments about our Service. However, if you send us a business idea or suggestion (for example, about how to improve or expand BusyTime's products and Services), you agree that BusyTime will be completely free to implement, use, or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.
Consent to Electronic Communications.
By using the Service or contacting us, you consent to receiving certain electronic communications from us as further described in the BusyTime Privacy Policy. Please read the BusyTime Privacy Policy to learn more about your choices regarding BusyTime's electronic communications practices.
Contact Information.
The Service hereunder is offered by BusyTime USA, LLC. You may contact us by emailing us at 
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