Last Modified: May 2023
The Website and any goods or services that originate through it are offered and available only to persons who are of legal age to form a binding contract; reside in the United States or any of its territories or possessions; and are not otherwise prohibited from accessing or using the Website or any of its contents, goods, or services. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
Except to the extent explicitly provided in any Applicable Term, Corporation reserves the right to withdraw or amend the Website in Corporation’s sole discretion without notice. Corporation will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Corporation may restrict access to the Website or certain parts thereof to certain users, including certain registered users.
You are responsible for:
- making all arrangements necessary for you to have access to the Website and
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your access to or use of the Website that all the information you provide on the Website is correct, current, and complete.
If you choose or are provided with a username, login, password, or any other information as part of Corporation’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. If any of this information is lost or forgotten, you may lose access to the Website and any goods or services offered through it. Corporation is not responsible for any such losses. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify Corporation immediately of any actual or suspected unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Except to the extent explicitly provided in any Applicable Term, Corporation has the right to disable any username, password, or other identifier, whether chosen by you or provided by Corporation, at any time in Corporation’s sole discretion for any or no reason, including if, in Corporation’s opinion, you have violated any provision of a Governing Term.
Unfortunately, the transmission of information via the internet is not completely secure. Although we endeavor to protect your information, we cannot guarantee the security of information transmitted to or from the Website. Any transmission of information through the Website is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Intellectual Property Rights
Names and logos, product and service names, designs, slogans, and products on the Website may be protected by trademark, trade dress, copyright, or other intellectual property rights owned by Corporation or its affiliates or licensors. You must not use these without the prior written permission of Corporation or its licensor or in any other way dilute, blur, or tarnish Corporation’s brand.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, data, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Corporation, its affiliates, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or any good or service provided on the Website, in whole or in part, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your web browser for display enhancement purposes;
- you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- if Corporation provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by all other agreements applicable to such applications;
- if Corporation provides social media features with certain content, you may take such actions as are enabled by such features; and
You must not:
- modify any materials from the Website;
- reverse engineer, disassemble, decompile, decode, adapt, reconstruct, or otherwise attempt to derive or gain access to any software component of the Website; any good or service offered through the Website; any source code, algorithm, file format, or programming interface related to the foregoing; or any other part of any of the foregoing;
- use any illustrations, photographs, video, audio, or any graphics separately from the accompanying text; or
- remove, delete, falsify, misrepresent, alter, or obscure any documentation, agreement, warranty, disclaimer, or any copyright, trademark, patent, or other intellectual property or proprietary rights notice from the Website.
Except as allowed under any Governing Term, you must not access or use for any commercial purposes any part of the Website or any good, service, or material available through the Website.
You may access or use the Website and the goods and services that originate through it only for lawful purposes and in accordance with the Governing Terms. Without limiting the generality of the foregoing, you agree not to, and not to allow any third party to, access or use the Website:
- in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property, privacy, or other right of any third party (including by any unauthorized access to, or misappropriation, use, alteration, destruction, or disclosure of, the data of any of Corporation’s customers) or that violates any applicable law, statute, rule, or regulation (including, without limitation, any law regarding the export of data or software);
- for the purpose of exploiting or harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
- to impersonate or attempt to impersonate Corporation, a current or past Corporation employee, another user, or any other person or entity (including, without limitation, by using an e-mail address or screen name associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone’s access, use, or enjoyment of the Website or which, as determined by Corporation, may harm Corporation or a third party or expose them to liability.
Additionally, you agree not to, and not allow any third party to,:
- input, upload, transmit, post, or otherwise provide to or through the Website any data, content, information, or material that is unlawful, deceptive, misleading, obscene, defamatory, or inappropriate in any manner;
- attempt to gain unauthorized access to any service, account, system, or network through any means;
- access or use the Website in any manner that could disable, overburden, damage, destroy, disrupt, harm, impair, or otherwise impede, interfere with, or harm in any manner, the Website, Corporation’s network, or any other party’s use of any of the foregoing (including their ability to engage in real-time activities) or otherwise engage in activities harmful to the operations of Corporation or any of its goods, services, customers, or users;
- use any robot; web scraping or scraping method; data mining; spider; other similar data gathering or extraction method; or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in the Governing Terms;
- use any device, software, or routine that interferes with the proper working of the Website;
- introduce any harmful content such as malware, adware, or spyware; a virus, trojan horse, worm, logic bomb, time bomb, or cancelbot; or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, or interfere with, damage, or disrupt any part of, the Website; the server on which the Website is stored; or any server, computer, or database connected to the Website; or
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Corporation may, but has no obligation to, monitor the Website as necessary, convenient, or desirable to protect Corporation or you or operate the Website properly. Corporation, in its sole discretion, may refuse to post, remove, or refuse to remove, any data, in whole or in part, it finds to be unacceptable, undesirable, inappropriate, or in violation of any Governing Term.
Monitoring and Enforcement; Termination
Except to the extent explicitly provided in any Applicable Term, Corporation has the right to:
- take appropriate circumstances to disable, block, or terminate the accounts of users who are repeat infringers of its Governing Terms; and
- terminate or suspend your access to all or part of the Website for any or no reason.
YOU WAIVE AND HOLD HARMLESS Corporation AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. Corporation does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Corporation disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by Corporation, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Corporation. Corporation is not responsible, or liable to you or any third party, in any way for the content or accuracy of any materials provided by any third parties.
Changes to the Website
Corporation may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Corporation is under no obligation to update such material.
You acknowledge and agree that, if you suggest or recommend to Corporation any changes to the Website or any of its goods or services including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (collectively, “Feedback”), Corporation is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby assign to Corporation all right, title, and interest in, and Corporation and its licensors are free to use, without any attribution or compensation to any party, the Feedback, including any ideas, know-how, concepts, techniques, other intellectual property, and all rights contained therein or related to the foregoing for any purpose whatsoever, although Corporation is not required to use any Feedback.
Information About You and Your Visits to the Website
Other Terms and Conditions
Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage Corporation’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Corporation’s part without Corporation’s express written consent.
You agree to cooperate with Corporation in causing any unauthorized framing or linking immediately to stop. Corporation reserves the right to withdraw linking permission from any person without notice.
Links from the Website
If Corporation provides links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Corporation has no control over the contents of those sites or resources; does not endorse their activities, goods, or services; and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions for such websites.
Corporation is based in the State of Florida in the United States. Corporation provides the Website for access and use only by persons located in the United States. Corporation makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. You acknowledge that you may not be able to access or use all or some of the features, functionality, or content outside of the United States and that access or use thereof may not be legal by certain persons or in certain countries. If you access or use the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that Corporation cannot and does not guarantee or warrant that any files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER Corporation NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENTS ARE AT YOUR OWN RISK. EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, THE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. without limiting the generality of the foregoing and, except To the extent explicitly provided in any applicable term, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, (A) CORPORATION, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ALL KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, QUIET ENJOYMENT, and AVAILABILITY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, AND (B) NEITHER CORPORATION NOR ANY PERSON OR ENTITY ASSOCIATED WITH CORPORATION REPRESENTS OR WARRANTS THAT the WEBSITE OR ITS CONTENTs WILL BE ACCURATE, COMPLETE, RELIABLE, COMPATIBLE, ERROR-FREE, UNINTERRUPTED, OR WORK WITH ANY OTHER WEBSITE; MEET ANY PERFORMANCE OR RELIABILITY STANDARD; THAT the WEBSITE OR THE SERVERs THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT The WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR ACHIEVE ANY INTENDED RESULTS; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY responsible and liable for all uses of the WEBSITE THAT RESULT from access TO the WEBSITE BY YOURSELF OR OTHERS TO WHOM YOU HAVE PROVIDED ACCESS, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.
EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Corporation, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS, OR EQUITYHOLDERS OF THE FOREGOING BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, IN ALL CASES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OR COSTS, LOSS OF BUSINESS OPPORTUNITIES OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF TIME, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, INCONVENIENCE, SHUTDOWN OR SLOWDOWN COSTS, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF THE BASIS FOR THE CLAIM (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE), EVEN IF CORPORATION IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
Governing Law and Jurisdiction
Waiver and Severability
Waiver of Jury Trial
Class Action Waiver
YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO ASSERT ANY CLAIMS AGAINST CORPORATION AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY APPLICABLE LAW OR COURT OF LAW TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AGAINST CORPORATION, YOU AGREE THAT: (A) YOU WILL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (B) YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Your Comments and Concerns
Corporation is located at 1819 Main Street, Suite 1001, Sarasota, Florida 34236.
All feedback, comments, requests for technical support, and other communications to Corporation relating to the Website should be directed to: info@TIMECO.com.