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Terms of Use

Effective November 1, 2018

Thanks for using OnMyCalendar.

Please read these Terms carefully. By using OnMyCalendar or signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you and OnMyCalendar ("Agreement").

OnMyCalendar ("OnMyCalendar," "we," or "us") is a set of online functions  (the "Service") offered through the URL www.OnMyCalendar.com (the "Website") that allows you to, among other things, publish calendars of events, manage the scheduling of resources, collect information via online forms, and generally publish content to the Internet. OnMyCalendar is a Service provided by Productive Technologies LLC, Georgia limited liability company. OnMyCalendar has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a "Member" according to this Agreement (or "you").

These Terms of Use ("Terms") define the terms and conditions under which you are allowed to use the Service in accordance with the Agreement, and how we will treat your account while you are a Member. If you do not agree to these Terms, you must immediately discontinue your use of the Service.

If you have any questions about our Terms, feel free to contact us.

Account

1. Eligibility

In order to use the Service, you must:

  • be at least eighteen (18) years old and able to enter into contracts;
  • complete the registration process;
  • agree to these Terms;
  • provide true, complete, and up-to-date contact and billing information; and
  • not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you will not use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

OnMyCalendar may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

When you sign up for the Service and agree to these Terms, the Agreement between you and OnMyCalendar is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you have a OnMyCalendar account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the "Create Account" button means that you have officially "signed" and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or OnMyCalendar may terminate the Agreement at any time and for any reason by terminating your OnMyCalendar account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we will refund a prorated portion of your currently paid fees for the current subscription period. We will not refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 12 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. User IDs are globally unique within the Service. If your account has been terminated, your User ID may not be available for use on any future accounts.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time, and we may discontinue the Website, the Service, or any features of the Service at any time.

5. User ID and Password

You are responsible for keeping your User ID and password confidential. You are also responsible for any account that you have access to and any activity occurring in such account (other than activity that OnMyCalendar is directly responsible for that is not performed in accordance with your instructions), whether or not you authorized that activity. You will immediately notify us of any unauthorized access or use of your accounts. We are not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

6. Account Disputes

We do not know the inner workings of your organization or the nature of your personal relationships. You will not request access to or information about an account that is not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we will rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we will require you to resolve the matter through proper channels outside of OnMyCalendar.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and Service functionality, to protect the security and privacy of the data held within the account.

Payment

7. Subscription Period and Subscription Fees

You agree to pay all applicable fees related to your use of Services which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.

The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described more fully on our pricing page. For Free Accounts, the subscription period is month-to-month unless earlier terminated as provided in these Terms.

Paid Accounts are subject to fees based upon the account type you have selected. For renewals, OnMyCalendar will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that OnMyCalendar will have no liability to you arising out of the acts or omissions of such third parties.

BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW OnMyCalendar TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

8. Renewal / Cancellation

Paid Accounts will automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. You can cancel your account at any time by contacting customer service at Support@OnMyCalendar.com. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Service and you will not be entitled to a refund of any fees that you have paid.

9. Credit Cards

As long as you are a Member with a paid account or otherwise have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You will replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we are authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If we are unable to process your credit card order, we will try to contact you by email and suspend your account until your payment can be processed.

10. Refunds

We will give you a refund for a prepaid subscription period if we stop providing the Service and terminate your account without cause. You will not be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Member requests one.

11. Changes to Service Options

The fees for some Services are based on the quantity of the Service you reserve for your use. If you increase the quantity reserved during a subscription period, OnMyCalendar will charge you the fees for the additional quantity at the time they are increased. If your use of the Service exceeds the quantity you reserved, OnMyCalendar will automatically increase the quantity reserved for your use and charge you the fees for the additional quantity at the time they are increased. If you decrease the quantity reserved during any subscription period, then your fees for the next subscription period will be adjusted upon your subscription renewal.

12. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees do not include sales or other transaction-based taxes of any kind.

Rights

13. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but are not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).

14. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material, content, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, and information (including your personal information and the personal information of others) you submit to OnMyCalendar in the course of using the Service ("Content"). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms and our Privacy Policy.

15. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

16. Right to Review Content

We may view, copy, and internally distribute Content in your account to create algorithms and programs ("Tools") that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.

Rules and Abuse

17. General Rules

You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. You are also responsible for creating back-up copies of your Content.

Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us.

You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

You will not:

A. upload, post, transmit or otherwise make available any Content that:

i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

ii. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

iii. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);

iv. is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who have not requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;

v. contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any OnMyCalendar user to access the Service;

vi. is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or

vii. is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;

B. harm minors in any way;

C. "stalk," “bully,” or otherwise harass another;

D. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

E. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

F. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

G. intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Website, the Service, or the Content outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;

H. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

I. use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;

J. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;

K. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);

L. include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;

M. upload files for the sole purpose of having them hosted by us and for use outside of a website, calendar, or web form created using the Service;

N. create a website that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;

O. use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater;

P. abuse our customer support email, chat, or telephone services or agents; or

Q. take any other action while using the Service that is detrimental to the Service or OnMyCalendar’s reputation, as determined by OnMyCalendar in its sole discretion.

If you violate any of these rules, then we may suspend or terminate your account.

18. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately.

If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in the Notices section of these Terms.

19. Bandwidth Abuse/Throttling

The files that you store on your account must be directly related to the functionality of the Service you have contracted for. You cannot use our Service to hold backup copies of files, or to hold files primarily referenced by other Internet services such as non-OnMyCalendar-managed websites or photo sharing websites. We may throttle data transfer at our discretion.

20. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you are subject to regulations (like HIPAA) and you use the Service, then we will not be liable if the Service does not meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.

If you collect any personal information pertaining to a minor and store such information within your OnMyCalendar account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

21. Export Controls

The software that supports the Service (the "Software") is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, "Export Control Laws"). Therefore, you agree that you will not, directly or indirectly through a third party, allow the Software to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.

It is important to note that this Section 21 is not meant to provide a comprehensive summary of the Export Control Laws that govern OnMyCalendar, the Service, or the Software. You are downloading and using the Software at your own risk, and it is your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.

Liability

22. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. OnMyCalendar's  total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service for the current Subscription Period.

In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Terms, regardless of whether we terminate or suspend your account due to such violation.

23. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we cannot guarantee that it will meet your specific needs.

24. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that are not allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you have made to us.

25. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

26. Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

27. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

28. Disclaimers

We and our Team are not responsible for the behavior of any third parties, linked websites, or other Members.

Fine Print

29. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

30. Choice of Law

The State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Gwinnett County, Georgia, and each party will be subject to the jurisdiction of those courts.

31. Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

32. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

33. Severability

If it turns out that a section of these Terms is not enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

34. Interpretation

Any headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms will not affect the way the Agreement is interpreted.

35. Amendments and Waiver

Amendments or changes to the Agreement will not be effective until we post revised Terms on the Website. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.

36. No Changes in Terms at Request of Member

Because we have so many Members, we cannot change these Terms for any one Member or group.

37. Further Actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

38. Notification of Security Breach

In the event of a security breach that may affect you, we will notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened.

39. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Productive Technologies LLC, 4025 Ancroft Circle, Peachtree Corners, Georgia 30092, or any addresses as we may later post on the Website.

40. Entire Agreement

The Agreement makes up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.

Congratulations! You have reached the end. Thanks for taking the time to learn about OnMyCalendar’s policies.

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