Terms of Service
The following terms and conditions govern all use of the timetoast.com website and all content, services and products available at or through the website, including, but not limited to, timetoast.com (“the Website”). The Website is owned and operated by timetoast.com, Inc. (“timetoast.com”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by timetoast.com (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by timetoast.com, acceptance is expressly limited to these terms.
01 / Your Timetoast Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account and any timelines you create, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your timelines in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and timetoast.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause timetoast.com liability. You must immediately notify timetoast.com of any unauthorized uses of your account or any other breaches of security. timetoast.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
02 / Responsibility of Contributors
If you operate an account, create any timelines, comment on any Website content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by timetoast.com or otherwise.
By submitting Content to the timetoast.com you grant timetoast.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content, as well as the Website. If you delete Content, timetoast.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, timetoast.com has the right (though not the obligation) to, in timetoast.com’s sole discretion (i) refuse or remove any content that, in timetoast.com’s reasonable opinion, violates any timetoast.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in timetoast.com’s sole discretion. timetoast.com will have no obligation to provide a refund of any amounts previously paid.
03 / Responsibility of Website Visitors
timetoast.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, timetoast.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. timetoast.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
04 / Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which timetoast.com links, and that link to timetoast.com. Timetoast.com does not have any control over those non-timetoast.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-timetoast.com website or webpage, timetoast.com does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Timetoast.com disclaims any responsibility for any harm resulting from your use of non-timetoast.com websites and webpages.
05 / Copyright infringement and DMCA Policy
As timetoast.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by timetoast.com violates your copyright, you are encouraged to notify timetoast.com in accordance with the Digital Millennium Copyright Act (”DMCA”) Policy.
timetoast.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of timetoast.com or others, timetoast.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, timetoast.com will have no obligation to provide a refund of any amounts previously paid to timetoast.com.
06 / Intellectual Property
This Agreement does not transfer from timetoast.com to you any timetoast.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with timetoast.com. Timetoast.com, timetoast, the timetoast logo, and all other trademarks, service marks, graphics and logos used in connection with timetoast.com, or the Website are trademarks or registered trademarks of timetoast.com or timetoast.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any timetoast.com or third-party trademarks.
07 / Changes
Timetoast.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Timetoast.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
08 / Termination
Timetoast.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your timetoast.com account (if you have one), you may simply discontinue using the Website.
09 / Disclaimer of Warranties
The Website is provided “as is”. timetoast.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither timetoast.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10 / Limitation of liability
In no event will timetoast.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to timetoast.com under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. timetoast.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11 / General Representation and Warranty
12 / Indemnification
You agree to indemnify and hold harmless timetoast.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
13 / Fees, Payment, and Renewal
Our service is provided for free, with optional paid upgrades available ("Paid Plan").
- Fees. By using a Paid Plan, you agree to pay the specified fee, which we will bill or charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel.
- Automatic renewal. To ensure uninterrupted service, our Paid Plans are automatically renewed. This means that unless you cancel a Paid Plan before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Plans are renewed for the same interval of time. For example, if you purchase a Timetoast.com annual plan, you will be charged each year.
- 30-day money back guarantee. Timetoast Paid Plans include a 30-day money back guarantee for all new accounts. If you are dissatisfied with the Paid Plan for any reason, you can receive a full refund if you cancel your Paid Plan or downgrade your Paid Plan to a free account within 30 days of activation. Please contact us by email with the subject line: Refund Request.
- Refunds. While you may cancel a Paid Plan at any time, refunds are issued at our sole discretion.
14 / Cancellation Policy
You can cancel a Paid Plan at any time by signing in to the site and either downgrading to a free plan, or closing your account.
You may also contact us by email to cancel your account, but we cannot fully guarantee receipt of any emails. For this reason, if you choose to cancel your Paid Plan by email, please ensure you receive an account cancellation confirmation from us to be sure that your Paid Plan has been cancelled.
We endeavour to complete Paid Plan cancellation requests sent to us by email within 5 working days. We strongly recommend that you downgrade or close your account using our web interface to ensure immediate account cancellation. Account downgrade and cancellation instructions can be found in our Help section.
Downgrading your account may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
15 / Age Limitation
16 / Change Log
- August 12th, 2018: Adds "Fees, Payment, and Renewal" and "Cancellation Policy" sections.
- January 16th, 2014: Adds "Age Limitation" section.
- January 15th, 2014: Adds "30-day money back guarantee" section.
- April, 2008: Initial version of Terms and Conditions.