HOURTOWN TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE HOURTOWN WEB SITE. THE HOURTOWN WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE HOURTOWN WEB SITE. BY ACCESSING OR USING THE HOURTOWN WEB SITE, YOU AND/OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.The web site available at www.hourtown.com, and all linked pages ("Site"), are owned and operated by HourTown, Inc. ("Company"), a Delaware corporation, and are accessed by you ("User") under the following terms of use (the "Agreement"):
ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Company may provide certain services, as described more fully on the Site, and which may be accessed or otherwise utilized by User through the processes provided on the Site ("Services"), solely for User's own personal, non-commercial use, and not for the use or benefit of any third party. Services shall include, but not be limited to, online appointment and reservation services, and any other services that the Company may provide for User, as well as the offering of any Content (defined below) on the Site or through the Services. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, service, or content. Company may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User notice via email or other form of written notice. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User must be a human. Accounts registered by .bots. or other automated methods are not permitted. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and other internet, wireless, broadband or other connection services. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and User shall be responsible for all charges incurred in connection with use of the Services in connection with all such equipment and ancillary services.
SITE CONTENT. The Site and its contents are intended solely for the use of Company Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site or through the Services (including, but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, also known as "Content") other than User "Submissions" (as defined below) are protected by copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. User shall abide by all copyright notices and trademark, information, and other restrictions contained in any Content accessed through the Services. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. User may not utilize the Content in any way other than as expressly provided in this Agreement. User shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
USER SUBMISSIONS. The Company may now or in the future permit User to utilize the Services to enable audio, text, videos, visual or other communications submitted by User to be delivered, hosted, shared, performed, published, or otherwise used by Company (exclusive of any User general inquiries or information requests) ("Submissions"). User understands and acknowledges that Company does not guarantee the confidentiality, transmission, or accuracy with respect to any Submissions. User warrants, represents and agrees that it will not contribute any Submissions that are infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise in violation of any law or right of any third party. Company reserves the right to reject any Submissions to the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submissions or if Company is concerned that User may have breached the immediately preceding sentence), or for no reason at all. User shall retain ownership of all Submissions; however, User hereby grants Company a worldwide, nonexclusive, royalty-free, sublicenseable and transferable license to reproduce, distribute, display, and perform the Submissions in connection with User's use of the Services, Site and Company's (and its successor's) business. Company does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with Submissions.
WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to User. User acknowledges that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content a User accesses or receives via the Site or Services; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Company from all liability for User having acquired or not acquired Content through the Site or Services. Company makes no representations concerning any Content contained in or accessed through the Site or any Services provided, and Company will not be responsible or liable for the accuracy, transmission, copyright compliance, or legality of material contained in or accessed through the Site or Services. ALL USE OF THE SERVICES, CONTENT, SITE, AND ANY OTHER INFORMATION CONTAINED THEREIN SHALL BE AT USER'S OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment and transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
REGISTRATION AND SECURITY. As a condition to using Services, User may be required to register with Company and select a password and User name ("Company User ID"). User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i)¬.select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii)¬.use as a Company User ID a name subject to any rights of a person other than User without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Company password. Company will not be liable for any losses caused by unauthorized use of User's Company User ID, but User may be liable for the losses of Company or others due to such unauthorized use.
INDEMNITY. User will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services (including the sending of Submissions), the violation of this Agreement by User, or the infringement by User of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF ANY CONTENT, OR (B) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. 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, excluding only United States (federal or state) taxes. 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 on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Company does not accept any liability for such loss.
MODIFICATIONS TO THE SERVICES AND PRICES. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from the Company. Such notice may be provided at any time by posting the changes to the HourTown Website (www.hourtown.com) or the Service itself. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination, User's right to use the Services, send Submissions, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Company's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Company in any respect whatsoever.