Before you can enroll, you must agree to timesolv.com’s Terms of Service for Timesolv. PLEASE READ THESE TERMS CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE. After you have read the Terms of Service, you can scroll down to the “I agree” button.
TERMS OF SERVICE
timesolv.com, Inc. (“timesolv.com”) provides its services to you subject to the following Terms of Service (“TOS”). In addition, when using specific services, you and timesolv.com will be subject to any guidelines, policies, rules or additional terms applicable to these services which timesolv.com may communicate to you or post from time to time. These guidelines, policies, rules or additional terms are considered included in the TOS.
1. DESCRIPTION OF SERVICE
timesolv.com currently provides users with online time and expense entry, bill presentment and bill payment applications, as well as professional information and news (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including any new timesolv.com services, will be subject to the TOS and may be subject to additional terms and conditions. timesolv.com may change Service features and functionality at any time and from time to time, with or without notice. Notice of significant changes will be posted on the timesolv.com website, which you must review periodically. You agree that timesolv.com shall not be liable to you or any third party for any modification of the Service.
2. WHAT YOU MUST DO TO USE THE SERVICE
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In addition, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and payment authorization form and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.
3. YOUR OBLIGATION TO PAY FEES
You agree to pay all subscription, service and use fees, if any, that timesolv.com charges you for the Service. Such fees will be posted on timesolv.com’s website and may be changed by timesolv.com at any time and from time to time by providing you with 30 days prior notice. You agree to pay all costs (including attorneys’ fees), if any, incurred by timesolv.com in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Service. timesolv.com may, at its option, include such taxes in the fees charged to you, in which event you shall pay such taxes to timesolv.com.
timesolv.com will not issue invoices or bills to you. You will authorize timesolv.com to charge fees, on a monthly basis, directly to your credit card or debit your checking account. Before you can complete enrollment, you must complete the payment authorization form. Each time you use the Service, you reaffirm your authorization to timesolv.com to charge or withdraw funds from your account.
4. ACCESS, PASSWORDS AND SECURITY
You may designate an unlimited number of users under your account and you may provide and assign user names and passwords to such users. You agree immediately to notify timesolv.com if you become aware of any loss or theft or unauthorized use of any of your user name(s), password(s), and/or other personal or company identification numbers that may be assigned to you by timesolv.com, billing data, registration information or payment authorization information.
timesolv.com agrees to exercise reasonable care to prevent any unauthorized person or entity from gaining access to your registration information, payment authorization information, billing data, user name(s), password(s) and any other personal or company identification numbers that may be assigned to you by timesolv.com. The security of your information and data may be maintained through the use of data encryption, data security protocols, passwords and other methods which timesolv.com may employ, or which timesolv.com may suggest or require that you employ from time to time. You acknowledge and agree that timesolv.com shall not be liable for any damages incurred by you or any third party in connection with any unauthorized access to or disclosure of such information or data resulting from your actions or from your failure to act, or the actions or failure to act of a third party, or the failure of electronic or other security measures.
In order to protect the confidentiality of such information, you agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by timesolv.com. Until notified otherwise by timesolv.com, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by timesolv.com and follow timesolv.com’s log-on procedures for Service that support such protocols. You acknowledge that timesolv.com is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
timesolv.com will not disclose any time or billing data or other data about your clients that you enter unless compelled to do so by law. If timesolv.com is ordered to make such disclosure, timesolv.com will use its reasonable efforts both to notify you and to allow you the opportunity to oppose such disclosure. timesolv.com also will not disclose information regarding you or your account with timesolv.com, however, timesolv.com reserves the right to disclose information about you or your account to appropriate authorities if there is a reasonable basis to believe that there is illegal activity, breach by you of the TOS or in the event of an emergency.
5. STORAGE OF BILLING DATA
timesolv.com shall retain your billing data for a period of 36 months from the date the respective bill is issued to your client. You acknowledge and agree that timesolv.com shall have no liability for the deletion or failure to store any billing data transmitted by you or by anyone else to the Service after such period.
6. timesolv.com’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service, including without limitation timesolv.com’s Timesync software that you may download in connection with your use of the Service (“Software”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
timesolv.com grants you a non-transferable, non-exclusive and terminable right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Software or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by timesolv.com for use in accessing the Service.
7. TRADEMARK INFORMATION
“timesolv.com”, “Timesolv” and “TimeSolv Project” and the timesolv.com, Timesolv and TimeSolv Project logos and other timesolv.com trademarks, service marks, logos and product and service names that may be used in connection with the Service or the Software are trademarks of timesolv.com. You agree not to display or use the timesolv.com marks in any manner without timesolv.com’s express prior written permission.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. timesolv.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER EXPRESSLY AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM timesolv.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS AND THAT NO ACCOUNTING, FINANCIAL OR LEGAL ADVICE OR COUNSEL IS GIVEN OR SHALL BE DEEMED TO HAVE BEEN GIVEN BY THE SERVICE. You further acknowledge and agree that timesolv.com shall not be liable for the accuracy, truthfulness or validity of any billing data entered by you through the Service.
9. TEMPORARY INTERRUPTION OF THE SERVICE
From time to time, the Service may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs and other similar activities necessary during the operation and upgrade of the Service. timesolv.com will post notice of periodic interruptions of the Service or “maintenance windows” from time to time to perform such activities and no reduction of payments will be made in the case of such temporary interruption of Service or “maintenance windows” previously posted. In the event of a temporary interruption in Service that is outside of such “maintenance windows” and is caused by a failure in timesolv.com’s Software or servers or network connections, timesolv.com shall issue to you credits, to be used against future service fees, in an amount equal to the pro rata portion of any fees that may have been paid by you for the portion of the Service not furnished to you as a result of such interruption in Service, provided, however, that in no event shall timesolv.com be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit caused by causes beyond its control, including without limitation acts of God or failure of any Internet backbone provider. In no event shall timesolv.com be liable for any damages due to interruption of Service.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL timesolv.com BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE ITEM) EVEN IF timesolv.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF timesolv.com ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PAST SIX MONTHS. timesolv.com shall not be liable for any loss resulting from a cause over which timesolv.com does not have any direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. timesolv.com is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Service. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold timesolv.com harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your violation of state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of proprietary right and invasion of any privacy rights. This obligation will survive the termination of the Service.
12. DISCONTINUATION OF SERVICE
You agree that, upon 90 days’ prior notice, timesolv.com may, in its sole discretion, terminate your user name(s), password(s), account(s) (or any part thereof) or use of the Service, for any reason, including without limitation for lack of use or if timesolv.com believes that you have violated or acted inconsistently with the letter or spirit or the TOS. timesolv.com may also, upon 90 days’ prior notice, in its sole discretion and at any time, discontinue providing the Service, or any part thereof. In the event that your Service with timesolv.com terminates, timesolv.com will retain your billing data for a reasonable period and will use commercially reasonable efforts to return your billing data to you electronically, in an appropriate format selected by timesolv.com, as promptly as is reasonably possible after such termination. Further, you agree that timesolv.com shall not be liable to you or any third party for any termination of your access to the Service; provided, however, that if the termination is unrelated to your acts or omissions, timesolv.com will refund to you an amount equal to the pro rata portion of any fee that may have been paid by you for the portion of the Service not furnished to you as of the date of such termination.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that timesolv.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because timesolv.com has no control over such sites and resources, you acknowledge and agree that timesolv.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that timesolv.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Notices to you from timesolv.com may be made by either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
The TOS may be modified by timesolv.com upon 30 days prior notice to you. If timesolv.com sends you notice, via email, posting on the Service or otherwise, of a modification, you confirm your acceptance of the modification by not closing and/or by continuing to use the Service.
17. GENERAL PROVISIONS
The TOS constitutes the entire agreement between you and timesolv.com and govern your use of the Service, superceding any prior agreements between you and timesolv.com with respect to the subject matter contained in the TOS. The TOS may only be modified or amended as set forth above in Section 16 or otherwise in a writing signed by timesolv.com and you. The TOS and the relationship between you and timesolv.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and timesolv.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of timesolv.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the TOS are for convenience only and have no legal or contractual effect. No person or entity that is not a party to this TOS shall derive any rights whatsoever hereunder as a third party beneficiary.