Please read the following Terms of Service ("Terms") carefully before using our websiteDoTimely.com (together with its sub-domains, Mobile Application, Content, Marks and Services, the "Site") or the DoTimely Services (defined below) so that you are aware of your legal rights and obligations with respect to DoTimely, LLC ( "DoTimely", "we", "our" or "us").
1. Background. DoTimely is the provider of certain services (collectively, the "DoTimely Services"). DoTimely makes the Site available to provide information about, and to use in connection with, the DoTimely Services. Unless separately referred to, the DoTimely Services (including the Dog Walking Service) and the Site are collectively referred to in these Terms as the "Service".
2. Consent and Modification. By visiting the Site or using the DoTimely Services, you agree to these Terms. These Terms apply to all visitors of the Site and users of the Services. Additional terms may also apply to specific DoTimely Services; any additional terms are displayed on the Site. If you do not agree to these Terms then please do not use the Service. We reserve the right, at our discretion, to change these Terms at any time. Any change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Service thereafter means that you accept those changes.
3. Ability to Accept Terms. The Service is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not use the Service. If you are between 13 and 18 years, then you must review these Terms with your parent or guardian before using the Service to make sure that you and your parent or guardian understand these Terms and agree to them.
4. Site Access and Use.
4.1. General. So long as these Terms are in effect, we grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
4.2. Site Restrictions. You agree at all times to comply with these Terms and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) transmit any Content (defined below) which contains software viruses, or other harmful computer code, files or programs; (iii) disrupt the servers or networks connected to the Site; (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (v) collect Content or information from the Site, or otherwise access the Site, by using any automated means "robots," "spiders," "scrapers" and "offline readers," without our prior written approval which we may revoke at any time; (vi) collect or harvest any personally identifiable information, including account names or email addresses from the Site; (vii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications, including without limitation by email, SMS, MMS, or any other means; (viii) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Site; (ix) use the DoTimely name, logo or trademarks without our prior written consent; and/or (x) use the Site to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
5. Site Account. In order to use certain DoTimely Services or some of the services of the Site, you may have to create a Site account ("Site Account"). You agree not to create a Site Account for anyone else or use the account of another without their permission. When creating your Site Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Site Account, and you must keep your Site Account password secure. You must notify DoTimely immediately of any breach of security or unauthorized use of your Site Account. You are solely responsible and liable for the activity that occurs in connection with your Site Account. If you wish to delete your Site Account, you may send an email request to DoTimely at email@example.com. In certain circumstances we may offer to assist you to create your Site Account. If we do so, you agree to promptly change your password so that it remains confidential to you.
6. Service. If you use a service then you agree to comply with, and be bound by, our Participation Terms. The Participation Terms will form part of these Terms. In the event of any conflict between these Terms and the Participation Terms, these Terms will control.
7. Payments. If you make a purchase from DoTimely, then you acknowledge and agree: (i) that we, or one of our third party payment processors (each a "Payment Processor"), may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) if your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon demand. All late payments will be subject to a $25 late fee. All payments by you: (1) unless otherwise stated, are and shall be paid in US Dollars; (2) are non-refundable; and (3) are exclusive of all taxes, levies, or duties, which are your responsibility. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.
8. Coupons. We may, from time to time, offer certain discounts or promotions in connection with the Service ("Coupons"). Any purchase or use of a Coupon is subject to these Terms and also any additional terms and conditions that are displayed on the Site or the Coupon itself (in the event of any conflict between these Terms or the terms and conditions that appear on the Coupon itself, these Terms shall control). You are not entitled to any cash value for the amount of the Coupon. If you redeem a Coupon for less than its face value, then you will not be entitled to receive any cash back credit or credit for the difference between the face value and the amount redeemed. Individual Coupons may not be combined with any other vouchers, coupons, or promotions unless otherwise stated on the Coupon itself.
9. Notification Service. Some of our DoTimely Services may include a notification service whereby we send notifications and updates about the DoTimely Service that you are participating in ("Notification Service"). If you are participating in the Notification Service you agree: (i) that we may send you notifications and messages via email to your email address designated in your Site Account; and (ii) to promptly update your contact information in your Site Account in the event that you change your email address. Please note that DoTimely does not charge you to participate in the Notification Service but your telecommunications carrier or internet provider may charge you for their fees for data or internet access and other rates for receiving Notifications.
10. Intellectual Property Rights.
10.1. Content and Marks. The: (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Site (collectively, the "Materials"), (ii) Site software ("Software"); (iii) User Submissions, as defined below (and together with the Materials and Software, the "Content"); and (iv) the trademarks, service marks and logos contained therein ("Marks"), are the property of DoTimely and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "DoTimely",and the DoTimely logos, are Marks of DoTimely or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content and Marks.
10.2. Use of Content. Content on the Site is provided to you on an "as is" and "as available" basis for your personal, non-commercial use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
11. User Submissions.
11.1. Responsibility. The Site may permit the submission, hosting, sharing and publishing of Materials by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
11.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize DoTimely to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
11.3. License to User Submissions. By submitting the User Submissions to DoTimely, you hereby grant DoTimely a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and DoTimely"s business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.
11.4. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person"s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; (viii) is malicious or fraudulent; or (ix) breaches these Terms.
11.5. Personal Information. If your User Submission contains the contact information or any personally identifiable information of any person you hereby expressly represent and warrant that: (i) you have complied, and will comply, with all applicable privacy laws; (ii) you have obtained the express consent of the person to include their contact information or personally identifiable information in your User Submission; and (iii) that the person is aware that they may be contacted as a result.
11.6. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that DoTimely is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby waive, any legal or equitable rights or remedies you may have against DoTimely with respect to (i) and (ii) herein.
12. Information Description and Accuracy.
12.1. We attempt to be as accurate as possible. However, we do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
12.2. We do not warrant that any information or advice that may be presented on the Site is appropriate, accurate, medically-sound, current, or suitable for your pet. If you have any specific medical or care-related question with respect to your pet, consult a qualified veterinarian or pet-care professional.
13.2. DoTimely permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with DoTimely or present any false information about DoTimely and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own or have permission to use; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
14. Advertisements. The Site may display advertisements not operated by DoTimely. The existence of an advertisement shall not be construed as an endorsement by DoTimely of the advertisement or its content.
16. Digital Millennium Copyright Act. DoTimely takes copyright infringement very seriously and we are committed to our compliance with the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on our Site, please contact the agent designated to respond to reports on alleged copyright infringement by contacting Pratap Shergill at firstname.lastname@example.org. Specifically, the DMCA specifies that all infringement claims must be in writing and must include the following:
After receiving proper notice from you, it is our policy to first remove or disable the allegedly infringing material. We will then notify the user that posted such material of their infringing conduct. Please note that if are unsure of whether material on our Site is infringing your copyright, we recommend you contact an attorney as you will be liable for damages if you materially misrepresent that a product or activity is infringing on your copyright. We appreciate your cooperation.
17. Warranty Disclaimer.
17.2. DoTimely DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. ANY STORED DATA WILL BE ACCURATE OR RELIABLE , THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT DoTimely WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY OR THAT IS INCLUDED IN A USER SUBMISSION.
17.3. YOU SPECIFICALLY ACKNOWLEDGE THAT DoTimely SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT DoTimely IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. DoTimely RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
17.4. All references to DoTimely in Sections 17 (Warranty Disclaimer), 18 (Limitation of Liability) and 19 ("Indemnity") include DoTimely and its affiliates, and their respective officers, directors, employees and agents and Providers.
18. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) DoTimely SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF DoTimely HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DoTimely FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO DoTimely FOR USING THE PART OF THE SERVICE THAT IS THE SUBJECT OF THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you
19. Indemnity. You agree to defend, indemnify, and hold harmless DoTimely, its affiliates, and their respective officers, managers, owners, employees, agents, successors and assigns, from and against, and will reimburse them for, any and all claims, damages, obligations, losses, costs, judgments, settlements or expenses (including reasonable attorneys" fees), directly or indirectly arising out (i) your use of or inability to use the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
20. Term and Termination.
20.1. These Terms are effective until terminated by DoTimely or you. DoTimely, in its sole discretion, has the right to terminate these Terms and/or your use of the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). DoTimely shall not be liable to you or any third party for termination of the Service, or any part thereof.
20.2. Survival. Upon termination of these Terms, you shall cease all use of the Service. This Section 20 and Sections 4.2 (Site Restrictions), 7 (Payments), 10 (Intellectual Property Rights), 11.3 (License to User Submissions), 15 (Privacy), 17 (Warranty Disclaimer), 18 (limitation of Liability), 19 (Indemnity), 20 (Term and Termination), 22 (Assignment), 23 (Governing Law), 24 (General) shall survive termination of these Terms.
21. Independent Contractors. You and DoTimely have an independent contractor relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and DoTimely. For the avoidance of doubt, all references to DoTimely in this section include Providers.
22. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by DoTimely without restriction or notification to you.
23. Governing Law and Disputes. These Terms and the relationship between you and DoTimely shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Mason, Ohio and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that DoTimely may seek injunctive relief in any court of competent jurisdiction.