Legal

CalendarWiz Terms of Service Agreement

Please Read Carefully Before Using This Service:

Terms of Service

This agreement contains the legally binding Terms of Service governing your access to and use of the services provided by CalendarWiz, LLC (hereinafter referred to as “CalendarWiz”, the “Service”, “Services” or “Our”.)  You are hereinafter referred to as the “Customer”, “End User”, “You” or “Your”.

If you do not accept these Terms of Service or you do not meet or comply with their provisions, you may not use the Service. CalendarWiz may, at any time, for any reason and without notice, make changes to the Service, including its look, feel, format and features and/or to terminate the Service either temporarily or permanently. Any modifications will take effect upon posting of the modified agreement to www.calendarwiz.com. Therefore, you agree to review the Terms of Service periodically to be aware of any modifications to the agreement. By your continuing use of the Service after changes are posted, you will be deemed to have accepted such changes.

Description of Services

CalendarWiz is an online calendar Service that enables users to enter, store, modify and view calendar data and to send electronic messages over the World Wide Web. You must have access to the Internet to use the Service, and you are solely responsible for, without limitation, obtaining and maintaining all, broadband, telecommunications, computer hardware, equipment, and services needed to access and use the Service, and paying all charges related thereto. You are responsible for ensuring that your equipment is compatible with the Service.

YOUR USE OF THIS SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF SERVICE. IF THESE TERMS OF SERVICE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SERVICE.

Proprietary Rights

Except for the limited access rights granted to Customer in this Agreement, CalendarWiz (or its licensors) retains sole ownership of all intellectual property and rights (including, without limitation, source code, content, materials, patents, copyrights, trade secrets and trademarks) in and relating to the Service and all enhancements, modifications and updates thereof. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software.

Industry Specific Standards

You acknowledge and agree that the Service does not comply with any industry specific standards and practices such as HIPAA the (Health Insurance Portability and Accountability Act). You are solely and exclusively responsible for using the Service in a manner consistent with all applicable federal and state privacy laws relating to your particular industry.

License

CalendarWiz grants you a limited, nontransferable, nonexclusive, revocable license to access and use the calendar Service and compose and send emails under the Terms of Service as set forth in this agreement. You may not use the Service in a commercial resale operation such as a service bureau by reselling or leasing the Service to third parties.

If you are a contractor or otherwise acquiring the Service on behalf of a third-party who will be using the Service, you are considered as acting as an agent of that third-party and acknowledge that the third-party has been made aware of and agrees to the terms of the Service.

Service Availability

You acknowledge and agree that the Service is subject to transmission limitation or interruption and that access to the Service may not be available on a continuous basis and that the Service will be subject to periodic downtime to permit hardware and/or software maintenance to take place.

You acknowledge and agree that CalendarWiz is not responsible for performance degradation and delays. You acknowledge that we shall not be liable to you if the Service is interrupted for any reason. If you are dissatisfied with the Service, you agree that your sole remedy shall be to cease using the Service.

End User Acceptable Use Policy

By accessing and using the Service, you agree not to submit or transmit any e-mails or Content through the Service that: (i) are defamatory, libelous, fraudulent, threatening, obscene or harassing, (ii) contain a virus, worm, bots, Trojan horse or any other harmful component or code, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission, (iv) otherwise violate any applicable laws. Content prohibited by the Service includes, but is not limited to, Content that contains or contains links to nudity, pornography, adult content, sex, or extreme violence, racism, gambling, raffles, lotteries, pyramid schemes, drugs or drug paraphernalia or material that is otherwise objectionable in the opinion of CalendarWiz.

CalendarWiz reserves the right, but has no obligation to monitor or remove any of Your Content or other information submitted by You to the Service. CalendarWiz may: (i) remove or disable access to any content that violates this Policy.

CalendarWiz may cooperate with appropriate law enforcement agencies, regulators or other third parties to help with the investigation and prosecution of illegal conduct. Our cooperation may include disclosing appropriate customer information.

Spamming

Customer agrees to use the Service only in compliance with the CalendarWiz Anti-Spam Policy and Privacy Policy published at www.calendarwiz.com and in compliance with all applicable state and federal laws including the CAN-SPAM Act. CalendarWiz considers spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. Customers of the Service may not use third party mailing lists in connection with the Service. Only permission based lists are allowed under the Terms of Service. A permission based list is one in which each person has consented to receive emails directly from the Customer. CalendarWiz has a zero tolerance policy against spamming. CalendarWiz prohibits the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the Service. CalendarWiz reserves the right to terminate any Customer account if CalendarWiz deems you to be in violation of our anti-spamming policies. CalendarWiz also reserves the right to suspend your account and access to the Service pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

Customer acknowledges that each email sent by Customer will have an “unsubscribe” link, a “Powered by CalendarWiz” link and a link to the current “Privacy Policy” automatically added to the email. Customer shall not remove or attempt to remove the “unsubscribe” link in each email sent, the link to CalendarWiz “Privacy Policy” or the “Powered by CalendarWiz” link. Under certain circumstances, the Powered by CalendarWiz link and Privacy Policy link may be removed if authorized by CalendarWiz.

CalendarWiz shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Service, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. All requests from the “unsubscribe” link shall be processed within 10 days of receipt of the request. Failure to remove an email address from a list within ten days once requested by the email recipient may result in termination of your account by CalendarWiz. Spamming may be reported to abuse@calendarwiz.com.

End User Content

End User Content is defined as any information uploaded to the Service including, without limitation, text, documents, data, photographs, graphics, video and trademarks. You retain ownership of any intellectual property rights that you hold in that Content and You have sole and exclusive responsibility for the Content. By uploading any Content to the Service, you warrant that you are the owner of the calendar Content or you have been granted all the rights necessary from the owner of the Content to upload Content to the Service.

You acknowledge and agree that CalendarWiz is not an encrypted service and that all Content submitted by You using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party.

You acknowledge and agree that you are solely responsible for creating backup files of your calendar content to your local computer or network server. Creating a backup copy of your calendar event content is performed by using the calendar “Export” feature. Creating a backup copy of documents, data, photographs, graphics, video and trademarks relating to Your calendar events is performed using the CalendarWiz “File Manager”.

No Unlawful or Prohibited Use

As a condition of your use of the Service, you warrant to CalendarWiz that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

Term and Termination

The Service Agreement License shall be effective upon registration of a Trial or purchase of the Service and thereafter shall continue on a month-to-month basis or a year to year basis, depending on subscription type, or until terminated with 3 days e-mail notice by either party.

Cancellation

You may cancel your Service at any time. If you have selected the annual subscription, you will receive a prorated refund for the unused portion of the Service. Cancellation request email may be sent to support@calendarwiz.com. Your Service will be cancelled within 24 hours upon receipt of your request.

Termination by CalendarWiz

You acknowledge and agree that CalendarWiz at its sole discretion, may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice and for any reason, including if you engage in any conduct that CalendarWiz believes: (a) violates the letter or spirit of any term or provision of the Service Agreement License, (b) violates the rights of CalendarWiz or third parties, or (c) is otherwise inappropriate for continued access and use of the Service. Upon termination, CalendarWiz may delete any Customer archived data at anytime 30 days after the date of termination. Upon Customer request and prior to 30 days after the date of termination, CalendarWiz will provide an electronic file of archived information.

User Profile Responsibility

When you take a Trial or purchase the Service, CalendarWiz creates an account for you that includes your contact information, email address, your calendar link/url and a Screen Name and Password to access the Service. You are responsible for maintaining the confidentiality and security of your password and those of any other registered users you add to your calendar Service. As such, you and your users should not share your screen name or password with others. CalendarWiz will not be liable for any loss that you may incur as a result of someone else using your screen name and password, either with or without your knowledge. Calendar administrators may change screen names and passwords as often as deemed appropriate.

Disclaimer of Warranties; Indemnity; LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT;

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALENDARWIZ AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

(b) CALENDARWIZ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (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. WHILE CALENDARWIZ WILL USE COMMERCIALLY REASONABLE EFFORTS TO PREVENT UNAUTHORIZED ACCESS TO DATA ENTERED INTO THE CALENDAR WITHIN THE SERVICE. CALENDARWIZ MAKES NO WARRANTY THAT SUCH DATA WILL BE SECURE AGAINST SUCH UNAUTHORIZED ACCESS OR OTHER SECURITY BREACHES.

Indemnity

You agree to indemnify and hold harmless CalendarWiz, and its directors, officers, agents and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content; your use of the Service; your connection to the Service; your violation of the Service Agreement License; or your violation of any proprietary or other rights of another.

Limitation of Liability

(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALENDARWIZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALENDARWIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

(B) YOU ALSO AGREE THAT CALENDARWIZ WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE. (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) UNAUTHORIZED ACCESS TO DATA ENTERED IN, OR BREACH OF ANY SECURITY MECHANISMS UTILIZED IN, THE SERVICE OR IN ANY RESTRICTED FIELD THEREIN; OR (e) EVENTS BEYOND CALENDARWIZ’ REASONABLE CONTROL.

(C) IN NO EVENT SHALL CALENDARWIZ’ MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO CALENDARWIZ FOR THE SERVICE, TO A MAXIMUM AMOUNT EQUAL TO SERVICE CHARGES FOR SIX (6) MONTHS OF THE SERVICE. (End of Service Agreement License)

Force Majeure

Neither party shall be liable for non-performance due to acts of God, civil disturbances, strikes, power failures, telecommunications breakdowns, changes in applicable laws or regulations, fire or any other cause which such party cannot prevent by the exercise of reasonable diligence.

Governing Law

These Terms of Service are governed by and will be construed in accordance with the laws of the State of New Hampshire, regardless of the laws that might otherwise govern under its principles of conflicts of laws. Subject to any dispute resolution provision in your Agreement, any action by either you or CalendarWiz will be brought in the appropriate federal or state court located in the County and State of New Hampshire and each of said parties consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens. In addition to these Terms of Service, your use of the Service is subject to and you are also agreeing to be bound by the:

CalendarWiz Online Privacy Statement

Entire Agreement

This Agreement sets forth the entire agreement and understanding of you and CalendarWiz with respect to the subject matter of this license, and merges all proposals, prior discussions or prior agreements between them. This Agreement is the parties' entire agreement relating to the Service. It supersedes all prior or contemporaneous oral or written communications, proposals, warranties, and representations with respect to its subject matter, and following Licensee's acceptance of this license by clicking on the " By clicking this button, you agree with our Terms Service Agreement. “ Link, will prevail over any conflicting or additional terms of any quote, order, acknowledgment, or any other communications by or between the parties. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.