Effective Date: October 1, 2017
USE OF SITE.
- The Service. EZScheduling offers the Application that allows users to determine when other users are available for conferencing, meeting and other time management services (the “Service” or “Software”). More information about our Services can be found at www.EZScheduling.com.
- User Communications and User Content. With the exception of Calendar Data, by submitting any material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to EZScheduling), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted EZScheduling a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant EZScheduling the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes provided that such User Communication does not contain any information protected under state or federal law. You agree that EZScheduling shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication.
- Monitoring. EZScheduling shall have the right to monitor the content of the Site at all times, including viewing of any personal information in your account on the Site (1) to determine compliance with this Agreement, (2) to determine compliance with any operating rules established by EZScheduling (3) to satisfy any applicable law, regulation, or authorized government request, and (4) to provide any support to you regarding the Software.
- Payment. You agree and acknowledge that you will make payments to EZScheduling for the use of the Application. Information about pricing can be found at https://www.EZScheduling.com/pricing.
- Termination of Services. You can terminate your use of the Services at any time. However, there are no refunds and the Services will be available to you until the last day of your billing cycle.
- Emails Following Termination. As part of the Services, users may request access to calendars of non-registered individuals. Users may enter email addresses of individuals that they wish to connect with. If we receive a request from a user that the user wants to connect with you, you will receive an email from us. If you do not wish to reactivate your account, you can delete the email request.
- Accounts. Upon subscribing to an EZScheduling Service, you will be given the option to set up a user account to access the other user’s calendars. You agree and acknowledge that it is your responsibility to ensure that access to account information follows state and federal law. If you believe that any accounts have security issues, please contact EZScheduling immediately at privacy@EZScheduling.com.
- Passwords. You shall set up and maintain usernames and passwords using EZScheduling’s built-in user account administration functionality. Industry standards include: A) providing unique usernames and passwords for each user as opposed to maintaining one password for an entire company; B) using strong unique passwords for each user, defined as at least ten characters in length and a combination of letters, numbers, and special symbols; and C) ensuring that usernames and passwords are unique for the EZScheduling’s system and are not used on other websites and/or applications. EZScheduling is not responsible for inappropriate sharing of logins and passwords within your company or with others outside of the company.
- Account Maintenance. The assignment and maintenance of logins, passwords, and permission profiles is your responsibility. The setup of permission levels and users shall be done by you.
- Company Contact. If you are creating an account on behalf of a company, your company is required to provide a company contact for purposes of password/user verification. It is your responsibility to ensure that EZScheduling has current contact information for such contact.
- Cookies. Logins are managed using "cookies" for user identification. Certain networks may be configured to share cookies among multiple computers and users on the network, which may cause undesired sharing of sensitive information. EZScheduling shall not be held liable for any consequences that may arise from such circumstances.
- Usernames. You agree and acknowledge that each user will have an assigned username which they will choose upon creating an account. You will not allow multiple individuals to use the same account. Each username must be unique.
USE OF CALENDAR DATA.
- Calendar Data. You agree and acknowledge that you are contracting with EZScheduling to receive information from either your iPhone’s calendar application or your Google calendar application on a Google based phone showing when you are listed as free (i.e. no appointment is scheduled for that time) and when you are listed as busy (i.e. you have an appointment scheduled for that time) and that such information is referred to as the “Calendar Data”. Such Calendar Data only includes information about when you are already scheduled as busy but no information about what you are doing or the actual information contained in the calendar appointment. By using the EZScheduling system and Services, you grant EZScheduling unlimited permission to parse, store, and manage any and all Calendar Data provided to EZScheduling by you or by a third party based on your request in order to provide you the Services.
- Site Security. You agree and acknowledge that Calendar Data provided to EZScheduling is maintained on secure, dedicated web servers and is encrypted during transfer (both upload and download) using SSL encryption software. EZScheduling will make every reasonable effort to maintain the confidentiality of information that can identify individuals during transfer within EZScheduling’s infrastructure. However, EZScheduling cannot guarantee any confidentiality for Calendar Data that is downloaded to another user’s Application or that is transferred over open networks. EZScheduling highly suggests that the Site is only accessed through secure networks.
- Misuse. You agree and acknowledge that EZScheduling is not responsible for misuse or misinterpretation of Calendar Data by you, anyone in your company, anyone else in connection in any other way with your EZScheduling account, or by the public.
- Errors and Omissions. EZScheduling is not responsible for any errors in the information that are entered or imported from outside sources.
UPTIME AND EQUIPMENT
- Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of EZScheduling. While EZScheduling makes reasonable precautions against loss or theft of Calendar Data, EZScheduling shall not be responsible for any Calendar Data lost or stolen while transmitting information on the Internet. While it is EZScheduling’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. EZScheduling will post all upcoming non-emergency maintenance notices at status.EZScheduling.com. EZScheduling will attempt to give you as much notice as possible in the case of emergency maintenance, but due to its nature, notice may be minimal in emergency situations.
- Equipment. You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Site, including purchasing any software necessary to view or use parts of the Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. EZScheduling shall not be liable for any damages to a user's equipment resulting from the use of this Site. Be aware that the type of browser used may change the way EZScheduling renders on your devices.
- Trademarks. EZScheduling, EZScheduling.com, and our logo are trademarks of EZScheduling, LLC. All rights in respect of these trademarks are hereby expressly reserved. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of EZScheduling, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of EZScheduling, unless otherwise stated.
THIRD PARTY SITES
- Third Party Websites and Content. The Site may contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by EZScheduling. EZScheduling is not responsible for any Third Party Sites accessed through the Site or any content posted by any website users on this Site or any Third Party Sites regarding EZScheduling. If you decide to leave the Site and access a Third Party Sites, you do so at your own risk and you should be aware that EZScheduling’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
- Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of EZScheduling. Neither EZScheduling nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
- Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL EZSCHEDULING OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. NEITHER EZSCHEDULING, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE IF SUCH INFORMATION IS RECEIVED FROM A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. IN NO EVENT SHALL EZSCHEDULING, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENTS HEREOF, INCLUDING ANY REPORTS, TABLES, OR OTHER INFORMATION THAT YOU DOWNLOAD FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE APPLICATION.
- Limitation of Liability. EZSCHEDULING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO EZSCHEDULING IN THE SIX MONTHS PRIOR TO THE INCIDENT RESULTING IN LIABILITY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO EZSCHEDULING, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EZSCHEDULING, REGARDLESS OF THE CAUSE OF ACTION.
- State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Termination by You. If you choose to discontinue using EZScheduling Services, EZScheduling will archive and retain its copy of the Calendar Data for up to six months.
- Termination by EZScheduling. EZScheduling may terminate this Agreement at any time. Without limiting the foregoing, EZScheduling shall have the right to immediately terminate and/or suspend your account and/or the complete account of any company:
- in the event of any conduct by that account user that EZScheduling, in its sole discretion, considers to be unacceptable;
- in the event of any breach of this Agreement;
- for failure to pay for the Service as required on the Site; and/or
- in the case that EZScheduling believes that you or someone using your company’s account is violating state or federal law.
- Release of Calendar Data. EZScheduling shall not redisclose identifiable data records unless required by court order or EZScheduling receives you express written consent. Any court order or other such request/demand for data shall be communicated immediately to you if allowed by law. At your sole discretion and expense, you can take legal action to quash any subpoena served on EZScheduling for Calendar Data.
- Changes to Service. You understand and agree that you are subscribing to the Services you select as the Services exist as of the time you select them. EZScheduling may, during the term of your subscription, and at EZScheduling’s sole discretion unless otherwise agreed separately in writing, add or enhance Services or features, make corrections, alter navigation or display layouts or elements, and/or develop and implement suggestions, ideas, and recommendations by clients, any or all of which EZScheduling may offer as enhancements to existing Services or as additional Services for an additional charge.
- Waiver. The waiver by EZScheduling of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by EZScheduling.
- Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
- Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should EZScheduling prevail, you will reimburse EZScheduling’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
- Indemnity. You agree to indemnify and hold EZScheduling, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
- Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.