[Last modified: July 1st, 2017]
ACCEPTANCE OF THE TERMS: by installing the MyTimeZone Extension or otherwise using the Service (as defined below) you acknowledge that you have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Services. You accept the Terms by simply using the Service. You understand and agree that we will treat your use of the Service as acceptance of the Terms from that point onwards. You further acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you which further enforces class action waiver and arbitration provision as detailed below in the dispute resolution section herein below. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT ACCESS OR USE THE WEBSITE, DOWNLOAD, INSTALL, ADD TO YOUR BROWSER THE MYTIMEZONE EXTENSION OR USE THE SERVICES IN ANY MANNER.
MyTimeZone is a quick and simple time zone conversion tool, offering enhanced productivity and easy scheduling cross different time zones.
SCOPE OF SERVICE
Our MyTimeZone Extension enables you to convert and translate different time zones with one click without leaving the context of your browser, tab, email etc. Referred to herein as the "Service").
RESTRICTIONS OF USE
You agree only to use our service as set forth in these Terms and according to applicable laws and regulations. You shall not agree, nor shall you authorize or encourage any third party, to: (i) access the Services by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or any other automatic device; (ii) disrupt, disable, overburden, damage, modify or interfere with the Services or otherwise impair or degrade its performance in any way (iii) impede or interfere with others’ use of the Services; (iv) sublicense, redistribute, sell, lease, lend or rent the Services; (v) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Services; (vi) alter or modify any part of the Service for any purpose or use other than converting time zones; (vii) use the Service for any commercial use unless you obtain our prior written approval; (vii) use our name, logo or trademarks without our prior written consent; or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
Children under 13 are prohibited from using the Service. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us at:hello [at]mytimezone.io. If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY UGC, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ANY CONTENT THEREOF ARE PROVIDED "AS IS" OR “"AS AVAILABLE” AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SERVICES, UGC OR ANY CONTENT THEREOF, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES AND DISABLE OR REMOVE THE MYTIMEZONE EXTENSION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITH OR WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Services or to any matter governed by these Terms. The user is solely responsible for his or her actions when using the Service.
SUPPORT, UPDATES AND UPGRADES
At any time, you may stop using the Service by exiting the Website or removing the MyTimeZone Extension from your browser or disabling the MyTimeZone Extension through your browser’s settings. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the Service; or (ii) terminate these Terms and your use of the Service with or without cause, and we shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the Service or these Terms. These Terms will automatically terminate if you fail to comply with any of its requirements. Upon any termination, you agree to stop using the Service, exit the Website and remove the MyTimeZone Extension from your browser.
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these Terms, unless otherwise required by law, to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms exclusively by binding arbitration by the American Arbitration Association ("AAA"). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This agreement to arbitrate will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any action at law or in equity relating to the arbitration provision of these Terms shall be brought exclusively in a state or federal court located in New York and for such purpose you submit to the personal jurisdiction of such courts. Any cause of action you might have relating to the Service may be brought no later than one (1) year from the date the incident arose, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
User may not assign its rights or obligations under these Terms without Company’s prior written consent. The parties hereto are and shall remain independent contractors, and nothing herein shall be deemed to create any agency, partnership or joint-venture relationship between the parties. Neither Party shall be deemed to be an employee or legal representative of the other, nor shall either party have any right or authority to create any obligation on behalf of the other party. The Company shall not be deemed in breach of these Terms if the Company is unable to complete the Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, Internet outages or any act of God or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control.
We reserves the right to suspend, remove, restrict or disable your access and use of parts or all of the Service at any time and without notice or liability, at our sole discretion. In no event we will be liable for the suspension, removal, or restriction or disabling of the user access or use of the Services or to any feature available therein. Furthermore, we reserves the right, at its sole and absolute discretion, to change, modify, add to or delete any of these Terms at any time, including without limitation the availability of any feature of the Service. In the event of a material change we will use commercially reasonable efforts to notify you by email or through the Services. Your continued use of the Service following any revision of these Terms constitutes your complete and irrevocable consent and acceptance of any and all such changes. If you do not agree with any update or modification, you should cease to use the Services.