Terms of Service and Privacy Policy

PLEASE READ CAREFULLY. Welcome to Time&Tasks (“T&T”), a web-based application operated by TIME AND TASKS LLC, a Florida limited liability company, or its assignee or designee (“Operator”). T&T assists distilleries with streamlining and documenting their daily tasks and responsibilities, identifying cost of goods sold, enhancing organizational and managerial efficiency, implementing processes across a distillery’s supply chain, options for compliance and industry best practices, and other consulting services and assistance. All services provided by T&T and all related applications, updates, APIs, widgets, modules, arrangements, support and content found on T&T, are collectively referred to as the “Service” or “Services.” This Terms of Service (also referred to as the “Agreement”) applies to the Service and is a contract between Operator and You as the Service user (an entity and/or an individual, as applicable). “SaaS” refers to software as a service. This Agreement contains the terms and conditions governing Your access to and use of the Service and any related Services provided by Operator or one its affiliates, subsidiaries, or other authorized entities (collectively “Operator”). This Agreement refers to You and/or Your organization as the “User” or “You,” which includes You individually as well as any person, company, organization or other entity on whose behalf You use the Service, and You warrant and represent You are authorized to use the Service on their behalf. This Agreement may also refer to Operator as “we”, “us”, or “our.” IF YOU DO NOT ACCEPT THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH THE PROVISIONS HEREOF, YOU MAY NOT USE THE SERVICE.

You may only use the Service if You accept and agree to all the terms and conditions of this Agreement and all terms, policies, guidelines and disclosures on the Service, which are expressly incorporated herein by reference. BY ACCESSING OR OTHERWISE USING THE SERVICE, OR BY CHECKING THE BOX BESIDE THE STATEMENT “I agree to the Terms of Service and Privacy Policy,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT. If You do not agree to be bound by this Agreement, do not check the box beside the statement “I agree to the Terms of Service and PrivacyPolicy,” and do not access or use the Service. Operator reserves the right, at any time, at its sole discretion, to change, amend, or otherwise modify this Agreement without prior notice to You, effective upon posting on the Service, and Your continued access or use of the Service will indicate Your acceptance of the changed, amended, or otherwise modified version of this Agreement. Note that receipt or use by any person of any information provided by the Service, at any time and through any means, whether directly or indirectly, represents an acknowledgement by such person of, and agreement by such person to, the terms and conditions of this Agreement. This Agreement limits our liability and disclaims warranties for the Service to the maximum extent permitted by law. Please read these and other sections of the Agreement carefully.

THE SERVICE AND THE SERVICES (AS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SERVICE. OPERATOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. OPERATOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS SERVERS, AND EMAIL MESSAGES SENT FROM OPERATOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

While Operator endeavors to provide and to allow others to provide useful information, You acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete or may contain inaccuracies, and that information on the Service may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that information contained on the Service is based on the data obtained by or submitted to Operator, which may be incomplete or inaccurate, and may rely on interpretations of the information gathered by or submitted to Operator. Neither the information contained on, nor the services provided through the Service, are an endorsement of any particular product or information, or are a guarantee of a product’s or information’s quality or other characteristics. Furthermore, You should independently verify the accuracy of any information You obtain on the Service before using it. You agree to be solely responsible for Your use of the Service and for the legality and accuracy of any information or content You provide, post, publish, or upload to the Service.

OPERATOR MAY AT ANY TIME EXPAND, MODIFY, EDIT, REDUCE, AMEND, OR ELIMINATE ANY OR ALL COMPONENTS OR ASPECTS OF THE SERVICE, IN ITS SOLE AND ABSOLUTE DISCRETION.

Definitions

“Service” means online access to certain products, services, functionalities, and any other services owned or provided by Operator in connection with allowing Users to streamline and document a distilling team’s daily tasks and responsibilities, and any related or derivative products or services provided by Operator.
“Content” means any information posted, uploaded, published, or otherwise provided to, upon, or within the Service, in any form or format, expressly including but not limited to any documents, text, graphics, video, images, links, or any other data in any format, published or posted on the Service. You are solely responsible for the Content You provide to the Service.
“Customer” means the individual or entity that subscribes to the Service.
“User” refers to any individual or entity that uses any aspect of the Service, including You and any person, company, organization, or other entity on whose behalf You use the Service.
“Administrator” refers to an individual appointed by the Customer to manage Customer’s use of the Services and the use of the Services by Customer’s Users.
“Subscription” means any software or Service provided by Operator, including but not limited to any of the T&T applications, manuals, and other Services provided by the Operator and all related collateral materials.
“Order Form(s)” refers to the original, or upgraded Subscription, SaaS Order Form, executed by You and Operator for your T&T Subscription, detailing Your Users, Total Monthly Subscription Fee, Onboarding Fee, and the type of Operator Service to be made available by Operator pursuant to this Agreement.
“Subscription Fee” refers to the base monthly fee(s) amount multiplied by the number of Users, as indicated on your Order Form.
“Onboarding Fees” refers to the fees defined in the Order Form and agreed to by You and payable to Operator for installation of the Service.

Acceptance of the Agreement

This Agreement is an electronic contract that sets out the legally binding terms of Your access to, registration with and/or use of the Service. This Agreement includes Operator's Privacy Policy and all other terms and notices posted on the Service, which are expressly incorporated herein by reference. By accessing the Service or registering on the Service, You accept this Agreement and agree to the terms, conditions and notices contained or referenced in this Agreement. By accessing the Service you consent to have this Agreement provided to you in electronic form.
To receive a non-electronic copy of this Agreement, please send an e-mail to support@timeandtasks.com, or Operator and self-addressed stamped envelope to our address requesting a non-electronic copy of this Agreement. You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password. This means that You will not have the right to use the Service unless, and until, we issue You a new username and password. We will only issue You a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request, or after You again follow the steps outlined in this Agreement. To withdraw Your consent to have this Agreement provided to You in electronic form, please send an email to support@timeandtasks.com. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to and electronically signed by You prior to the effective date of Your withdrawal. Physical Address: 83 Geneva Drive 622493, Oviedo, FL 32765.

Registration; General Function of the Service.

In general, the Service is intended to assist Users in streamlining and documenting a distilling team’s daily tasks and responsibilities. Users may only use the Service for purposes authorized by Operator.
Customer shall specify one or more Administrators who have will have the rights to access the Administrator accounts. An Administrator will have the ability to access, monitor, use, modify or withhold data or Content associated with any User accounts and shall have the ability to control each User’s access to the Services. An Administrator may also have the ability to: (i) control account settings for User accounts, (ii) remove or disable any Services for any of the Users, (iii) restrict or remove Customer Content, and (iv) monitor, restrict, or terminate access to User accounts. Operator is not responsible for internal management or administration of the Services for Customer or Users.
Customer is responsible for maintaining the security of the User accounts, IDs and the passwords associated therewith. Customer is responsible for each User’s access to the Services and use. Users will have access to all Content provided by Customer (“Customer Content”). Customer shall be responsible for all Customer Content and the security of the User IDs assigned to Customer and Users and any passwords and other access protocols required in order to access the Services. Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content.
The Service may be integrated with third party applications, websites, and services, including without limitation the application and website “Whiskey Systems” (collectively “Third-Party Applications”) to make available Services to You. These Third-Party Applications may have their own terms and conditions and privacy policies. You acknowledge and agree that Operator does not endorse and is not responsible or liable for the behavior, gestures, or content of any Third Party Application or any transaction you may enter into with the provider of any Third Party Applications, and you expressly relieve Operator from any and all liability arising from your access or use of any Third Party Applications.
Operator is acting as an intermediary between User and the operator of Whiskey Systems, FIVEBYFIVE Software, Inc., with which Operator may have a separate agreement. User is not a party to any agreements between Operator and the operator of Whiskey Systems.
YOU ACKNOWLEDGE THAT THIRD PARTY CONTENT PROVIDERS AND OPERATORS OF THIRD PARTY APPLICATIONS ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY PROVIDE. YOU AGREE THAT THS’S PROVISION OF ACCESS TO THE CONTENT IN NO WAY MAKES THS RESPONSIBLE OR LIABLE FOR THE TRUTH, ACCURACY, OR LEGALITY OF THIRD-PARTY CONTENT.

License. Operator hereby grants You a limited, terminable, non-exclusive right to access and use the Service only for the purposes described in this Agreement and for no other purpose (the “License”). The Service is licensed, not sold, to you by Operator for use only under the terms of this Agreement. Operator and its licensors retain ownership of the Service itself and reserve all rights not expressly granted to you. This is a non-exclusive license, without the right to assign or sublicense. This Agreement does not grant you any rights to use the Service, including any proprietary interfaces and other intellectual property in the design, manufacture, licensing or distribution of third-party devices and accessors or third party software application. You may not use the Service for any illegal activity or to violate any laws. This authorizes You to view the materials on the Service solely for such purposes. You agree that You are solely responsible for the truthfulness, accuracy, and reliability of any Content You provide to the Service and any consequences arising from such posting. Your use of the Service is a privilege. Operator reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion. Each person who uses the Service must have a separate username and password. Administrative and Management users must provide a valid email address for each person authorized to use the Client's account, and the Client may only create one account per email address. The Client must provide any other information requested by the Operator in order to complete the registration process.
Updates. The parties acknowledge and agree that the Service is provided “as is” on the Subscription date. Operator may update or modify the Service from time to time for any or all of its Users (“Updates”). All Updates provided by Operator shall become part of the Service licensed pursuant to this Agreement.
Rules and Policies.
Your access to the Service is conditioned on Your adherence to this policy. Any violation of this section may result in immediate termination of Your privileges hereunder. Determinations of violations will be made at the sole discretion of Operator and may be implemented without warning or the ability to cure.
Users shall not, in the course of its use of the Service, or use the Service as a means to:
Violate any applicable law, statute, ordinance, or regulation.
Use a fake identity.
Create a new or alternate account to avoid restrictions or limitation imposed on another account.
Interfere with any other User’s use of the Service.
Take any transaction off-site or encourage anyone to engage in any offsite transaction of any kind.
Make false claims of any kind or nature whatsoever.
Make threats against Operator, its staff, personnel, or any other person, company, organization, or government agency.
Engage in discrimination, incitement of violence, or hate speech of any kind, including but not limited to adverse references to age, race, national origin, religion, gender identity, sexual orientation, sexual identity, or pregnancy.
Use the Service to engage in threats of violence or to encourage violence in any manner.
Use the platform to harass, impersonate, or intimate other persons, companies, organizations, or agencies.
Request, demand, or require payment from Operator, Whiskey Systems, or any other party for the provision of Content to the Service.
Copy, steal, misappropriate, or otherwise infringe upon the intellectual property rights of Operator, Whiskey Systems, any other User, or any third party, in connection with Your use of the Service or provision of Content to the Service. You may not use stock photos or other Content owned or developed by third parties without their express written permission.
Post irrelevant or “spam” Content to the Service.
Use the Service to engage in the transmission of pornography or any obscene materials.
Use the Service to engage in threats of violence or to encourage violence in any manner.
Waiver of Claims. You acknowledge that Operator is merely an intermediary that provides a digital connection for Users. Operator is not a party to any transaction. You expressly waive and release Operator, and Operator’s officers, members, agents, subsidiaries, and employees from any and all claims, demands and damages (actual and consequential) of any kind and nature, known, and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Your use of the Service, Your misuse of the Service, or Your violation of any term or provision of this Agreement.
Policy Enforcement.
Engaging in prohibited activities, or if we believe You are abusing Operator, its staff, Whiskey Systems, the Service, and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate Your user account(s) and access to our Service, delay or remove Your Content, remove any special status associated with Your account(s), remove, not display, and/or demote Content or data, reduce or eliminate any discounts, and take technical and/or legal steps to prevent You from using our the Service or any related services.
Operator may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time.
Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services and Your right to use the Service to anyone for any reason at our discretion.
User Content and Materials. User represents, warrants and covenants that any Content and/or materials provided by User for use in connection with the Services will not violate any laws or regulations or third-party intellectual property rights, including without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. User hereby grants Operator a non-exclusive, worldwide, royalty-free license to use User’s Content and materials in connection with providing the Services. You are solely responsible for the Content You post. You represent and warrant that, for all Content You provide, You own or otherwise control all necessary rights to do so and to meet Your obligations under this Agreement. You represent and warrant that such Content is truthful and accurate. You represent and warrant that use of any such Content (including derivative works) by us, or others in contract with us, does not and will not infringe any Intellectual Property Rights of any third party. Operator takes no responsibility and assumes no liability for any Content provided by You or any third party. Following termination or deactivation of Your account or if we remove any User Content from the Service, we may keep Your User Content for a reasonable period for backup, archival, or audit purposes.
Fees. In consideration for access rights granted to You by Operator for Services under this Agreement, You will pay to Operator, without right of offset or deduction, all fees required by the Agreement and/or by an applicable executed Order Form, including Subscription Fees and Onboarding Fees. Unless otherwise agreed, all fees will be charged to Your credit card or authorized payment method in advance of the Service being rendered. You must provide Operator with a valid credit card, debit card or bank routing information as a condition to signing up for the Subscription. You are responsible for paying for all Users listed on the Order Form, whether the Users are actively using the Subscription or not. Users added in the middle of a billing period will be charged in full on the next applicable payment date. Subscription Fees and Onboarding Fees are non-refundable. If you provide Your payment information to Operator, You expressly, authorize that the payment information be used to pay for all fees incurred in connection with the Services and Your Subscription, including auto-renewal. Users added after the initial start of the Term may be subject to additional Onboarding Fees. Subscription Fees and Onboarding Fees are subject to change. Monthly or Subscription Services will automatically renew, in advance, on a monthly basis from the date you register, unless/until you cancel. If your payment method is declined your access to the Services may be suspended until a valid form of payment is provided.
Updating Payment Information. You agree to update billing and account information immediately of any change to applicable payment information. If You updated Your payment information Operator will charge the latest account provided by You and You represent that You have the legal right to use any payment account that You provide to Operator. If You believe that charges to your account are incorrect, You must contact Operator in writing within forty-five (45) days of the date of the disputed charge to be eligible for a credit or adjustment.
Term. This Agreement will remain in full force and effect while You access or use the Service, or while Your Content is posted or published on the Service, provided that certain provisions of this Agreement will continue to apply after the termination of Your account or Your use of the Service, when the survival of such terms is necessary for their complete and full implementation and enforcement. You may terminate Your account at any time, for any reason, by sending Operator an email notice of termination to support@timeandtasks.com. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY YOU, YOUR ACCOUNT (INCLUDING THE ACCOMPANYING USERNAME AND PASSWORD) MAY BE CLOSED OR SUSPENDED AT THE SOLE DISCRETION OF OPERATOR WITH OR WITHOUT NOTICE, REGARDLESS OF THE REASONS FOR THE BREACH OF THIS AGREEMENT BY YOU. IN ADDITION, YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE MAY BE TERMINATED IMMEDIATELY IN OPERATOR’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, FOR ANY OTHER REASON, OR NO REASON. Operator is not required to disclose, and may be prohibited from disclosing, a reason for the termination of Your account or Your access to the Service. Even after Your account or access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Account Security. You are fully responsible for maintaining the confidentiality of the username and password that You designate during the registration process and for all activities that occur under Your username and password and during the usage of the Service by You, other users in Your organization, and any minors who may gain access to Your account. You agree to (a) immediately notify Operator of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Operator will not be liable for any loss or damage arising from Your failure to comply with this provision. 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. If You share Your computer with others, You may wish to consider disabling Your auto-sign in feature.
User Authentication. Because User authentication on the internet is difficult Operator cannot and does not confirm that each User is who they claim to be. Because Operator does not and cannot be involved in User-to- User dealings or control the behavior of participants on the Service, in the event that You have a dispute with one or more Users or Whiskey Systems or personnel, You release Operator from claims, demands, damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Your Representations and Acknowledgements. By accessing, using, or registering on the Service, You represent and warrant that: (a) You are an individual who is at least 18 years of age, and are legally competent to enter into contracts, (b) You are authorized and legally able, and have the right, authority and capacity, to enter into this Agreement on behalf of Your organization and to bind Your organization to this Agreement, and (c) all information You supply on the Service is truthful, complete, correct and accurate. Without limitation, any speculative, false, or fraudulent post or any post in anticipation of demand, is prohibited, whether such actions are conducted by You or other persons who access Your account. Registration on and use of the Service are void where prohibited.
Minors. Persons under the age of 18 are not eligible to use any services on the Service.
Use Restrictions. You agree to use the Service exclusively for authorized and legal purposes, consistent with all applicable laws, regulations, and rights of others, including privacy and anti-spamming laws. Furthermore, You agree not to (a) attempt to interfere with or disrupt the Service, (b) attempt to gain unauthorized access to the Service or any related Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means, (c) attempt to scan or probe or attempt to defeat or compromise, any security measures of the Service, or any systems or networks operated by Operator, or (d) copy, modify, create a derivative work of, or distribute any portion of the Service. All software, applications, and modules (collectively referred to in this Agreement as “Software”) used on the Service are proprietary to Operator, or are licensed to Operator by other parties. You may not rent, lease, sublicense, resell, or provide access to the Service on a time-share or service bureau basis, or attempt to reverse engineer, translate, decompile, create a derivate work, or otherwise analyze the Software, including the scripts/logic contained in the web pages downloaded to Your web browser from the Service, and the URLs transmitted to and from Your browser. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other intellectual or proprietary right, or any other harm resulting from Your use of the Service. Notwithstanding the foregoing, if You are notified by Operator that You are prohibited from using the Service, then any subsequent access by You or on Your behalf shall be unauthorized and unlawful.

In addition, you agree not to:

Allow third parties other than authorized Users to gain access to the Services;
access, monitor or copy any Content or information of the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without the express written permission of Operator; violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
take any action that imposes, or may impose, in the discretion of Operator, an unreasonable or disproportionately large load on the Service's infrastructure;
deep-link to any portion of the Service for any purpose;
deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Service, or any postings which advocate illegal activity;
deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable in Operator’s absolute and sole discretion;
deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
deliver, or provide links to, any postings containing defamatory, false or libelous material;
deliver any Content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
deliver any Content which You do not have a right to make available under law or contractual or fiduciary relationships;
manipulate identifiers, including by forging headers, in order to disguise the origin of any Content that You deliver;
use the Service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Service or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment; or
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service, including harvesting or otherwise collecting information about others such as email addresses.
User Feedback.
Operator shall have the right (but not the obligation) to monitor and review, from time to time, any information transmitted or received through the Service, and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Operator deems inappropriate or in violation of this Agreement. This paragraph applies to any information or other materials received by Operator from You through the Service.
As used in this paragraph, User Feedback means and includes all comments, feedback, suggestions and ideas disclosed, submitted or offered to Operator in connection with Your use of the Service, which may be provided by personnel, Operator, its staff, or any third party.
Operator disclaims any responsibility and assumes no liability with respect to User Feedback. Operator is not under any obligation to maintain User Feedback or any of Your Content in confidence.
The information and opinions expressed in User Feedback are not necessarily those of Operator or its content providers, advertisers, sponsors, affiliated or related entities, and Operator makes no representations or warranties regarding any User Feedback. Operator does not represent or guarantee the truthfulness, accuracy, or reliability of any User Feedback or determine whether the User Feedback violate the rights of others, and Operator may take action in reliance on such information.
If You chose to submit comments, ideas, or feedback of Your own, You agree that Operator is free to use them without any restriction or compensation to You.
Third Party Content. Operator may display third party Services, advertisements, services, special events (including links and references thereto) that are not owned or controlled by Operator, in our sole discretion and without consent from, or payment, fee reduction, or other credit to You. Operator may provide links to web pages and content of third parties as a service to those interested in such links and content, and Operator may post third party content or allow users to post their content or third party content to the site including without limitation offers, and terms of service (such content is collectively referred to as “Third Party Content”). Operator does not monitor or have any control over any Third Party Content or third party web sites. Operator does not endorse or adopt any Third Party Content or third party Service and can make no guarantee as to its accuracy or completeness. Operator does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Services. Users use these links, Third Party Content and third party Services at their own risk. Users agree that Operator has no liability arising from Your use of or access to any third party Service, service or content.
Third Party Services. The Service may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third Party Services”), including without limitation information related to professional services. Information about Third Party Services may be obtained by Operator from Whiskey Systems or from other third parties. Operator is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third Party Services or monitor or have any control over such Third-Party Services. Therefore, Operator makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Operator assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for Your use of any such Third-Party Services, and Operator is not responsible or liable for any Third-Party Services.
Third Party Integrations. Operator may provide the ability to integrate with Third Party products and Third Party Services, such as Whiskey Systems. Such integrations may be used at your option and risk. Access and use of Third Party Services and Products are subject to the terms, conditions and policies of the providers of the Third-Party Services and Products. You agree that Operator has no liability arising from your use of any third- party integration or arising from third-party products and services. You assume the risk of unavailability of any integration or any third-party products or services due to downtime of the third party, including Whiskey Systems. Operator reserves the right to modify or cancel third party integration at any time without notice.
Copyright and License. The materials and content on the Service are protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. All title and copyrights and other intellectual property rights in and to the Service (including, but not limited to, any information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material) are owned by T&T its third party licensors or its suppliers (the “Intellectual Property”). You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Service. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without T&T's prior written consent. Modification or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Service, is prohibited by this Agreement. The name “Time & Tasks” and other T&T marks, logos, designs, and phrases that we use in connection with the Service and our Services are trademarks, service marks, or trade dress of T&T in the U.S. and other countries. They may not be used without the express written prior permission of T&T. You hereby assign to T&T and agree that all copyrights in and to Content provided by You shall be owned by T&T. In the event this provision is deemed not to transfer copyright to T&T, it shall be deemed a perpetual, worldwide, non- exclusive, unrestricted, royalty-free license in favor of T&T. You agree to sign any and all additional documents necessary to effect, confirm, affirm, or perfect T&T’s rights hereunder.
Disability Accommodations. We have no special knowledge regarding the suitability of any product for disabled persons.
Allocation of Responsibility. Operator assumes no responsibility for Content posed by Users and no responsibility for the activities, omissions or other conduct of Users. Operator acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Content posted by Users. If notified by a User of Content which allegedly does not conform to this Agreement, Operator may investigate the allegation and determine in good faith and its sole discretion whether to remove or request removal of such Content. Operator has no liability or responsibility to Users for performance or nonperformance of such activities. Operator may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion. Nothing on the Service shall be considered an endorsement, representation or warranty with respect to any product, User or third party, whether in regards to its Service, products, services, experience, or otherwise.
Disclaimer of Warranties About the Services. OPERATOR IS ACTING AS AN INTERMEDIARY BETWEEN USERS AND WHISKEY SYSTEMS. AS SUCH, WE HAVE NO CONTROL OVER, AND DO NOT GUARANTEE, THE QUALITY OR ACCURACY OF CONTENT ON THE SERVICE, NOR THAT THERE WILL NOT BE INCORRECT INFORMATION DUE TO TYPOGRAPHICAL ERROR OR OTHER ERROR (WHETHER SUCH INFORMATION WAS PROVIDED BY THE USER OR GATHERED FROM OTHER SOURCES), THAT THE SERVICE IS SUITABLE FOR YOUR PURPOSES. OPERATOR DOES NOT MAKE ANY WARRANTY OF ANY KIND REGARDING THE SERVICES. INFORMATION ON THE SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY OPERATOR OF THE CONTENT PROVIDED BY WHISKEY SYSTEMS OR ANY OTHER THIRD PARTY. OPERATOR SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON THE PART OF ANY USER OR WHISKEY SYSTEMS, WHICH BREACH, ACTIONS OR OMISSIONS MAY RESULT IN LOSS, DAMAGE, DELAY, OR INJURY TO YOU OR OTHER PERSONS WHO USE THE SERVICES.
General Limitation of Liability.
THE SERVICE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. OPERATOR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. WITHOUT LIMITING THE FOREGOING:
OPERATOR DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SERVICES AND THEIR SERVICES ARE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU USE OF THE SERVICE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OPERATOR IS NOT RESPONIBLE FOR COSTS OR DAMAGE.
Operator makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Content posted by Users or Whiskey Systems, or of any other form of communication engaged in by Users. Content may contain inaccuracies or typographical errors. You agree that any reliance on Content posted by Users, or on any other form of communication with Users will be at Your own risk.
Operator makes no representations or guarantees regarding the Content of the Service or the products, including, but not limited to, broken lines, inaccuracies, or typographical errors.
OPERATOR MAKES NO REPRESENTATIONS OR GUARANTIES REGARDING THE EFFECTIVENESS OF THE SERVICE, TIMELINESS OF THE SERVICES IN MEETING YOUR OBJECTIVES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPERATOR AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICE AND ITS CONTENTS (COLLECTIVELY WITH OPERATOR, THE “COVERED PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, OR PERFORMANCE OR NON-PERFORMANCE OF, THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SERVICE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE; (VI) ANY TRANSACTIONS FACILITATED BY OR DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SERVICE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICE OR ANY SERVICE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, ANY DELAY OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A USER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR A BREACH BY A USER, OR FOR ANY OTHER WRONGDOING OF A USER (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY IN TORT). FURTHER, AND TO THE EXTENT PERMITTED BY LAW, COVERED PARTIES HAVE NO LIABILITY, AND WILL MAKE NO REFUND (IF ANY FEES HAVE BEEN PAID), IN THE EVENT OF ANY DELAYS, SHORTAGES, SICKNESS, PILFERAGE, LABOR DISPUTES, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF GOD, FORCE MAJEURE, OR OTHER CAUSES BEYOND COVERED PARTIES' DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. OPERATOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, OR IMMEDIATELY KNOWN OR UNKNOWN, RESULTING FROM THE INTERNET OR SYSTEM DELAYS OR LIMITATIONS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, THE INTERNET GENERALLY, AND THE CONTENT AND/OR MATERIALS THAT YOU POST, PROVIDE, OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SERVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OPERATOR’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
IN NO EVENT SHALL OPERATOR (OR ANY OF ITS COVERED PARTIES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF US $200.00.
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT OPERATOR WILL BE ENTITLED TO EQUITABLE RELIEF UPON BREACH OF THIS AGREEMENT BY YOU.
WHISKEY SYSTEMS IS NOT A PARTY TO THIS AGREEMENT. NO WHISKEY SYSTEMS PERSONNEL ARE OWNERS OR OPERATORS OF THE SERVICE, NOR RESPONSIBLE FOR ANY CONTENT, SECURITY, OR FUNCTIONALITY ASSOCIATED WITH THE SERVICE. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THIS AGREEMENT, WHISKEY SYSTEMS SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER UNDER THIS AGREEMENT OR ASSOCIATED WITH YOUR USE OF THE SERVICE, WHATSOEVER. YOU HAVE NO RECOURSE AGAINST, AND SHALL NOT INSTITUTE, INCITE, PROMOTE, OR ENCOURAGE ANY HARASSMENT, DISPUTE, CLAIM, CAUSE OF ACTION, OR LAWSUIT AGAINST WHISKEY SYSTEMS OR ITS PERSONNEL IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, AND YOU SHALL FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OPERATOR IN CONNECTION WITH ANY DISPUTES, CLAIMS, OR LAWSUITS BROUGHT BY YOU AGAINST WHISKEY SYSTEMS IN CONNECTION HEREWITH, WHETHER YOU PREVAIL IN SUCH ACTION OR NOT, INCLUDING THEIR DAMAGES OF EVERY KIND AND INCLUDING BUT NOT LIMITED TO THEIR LEGAL AND ACCOUNTING FEES AND COSTS AT ALL LEVELS OF PRE-TRIAL, TRIAL, APPEAL, AND ENFORCEMENT. WHISKEY SYSYEMS AND ITS OWNER AND OPERATOR ARE EXPRESSLY INTENDED THIRD PARTY BENEFICIARY OF THIS AGREEMENT.
Indemnification. You shall indemnify, defend and hold harmless Operator and its Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, their reasonable legal and accounting fees, brought by You or on Your behalf, or by third parties, as a result of Your breach of this Agreement, Your violation of any law or the rights of a third party, or Your use of the Service on Your own behalf or on behalf of a third party in violation of this Agreement.
Links. The Service may or may not contain links to other services operated by Operator or services operated by parties other than Operator. Operator does not control any third party services and is not responsible for their contents or the practices of such services. Further, it is up to You to take precautions to ensure that whatever links You select or software You download (whether from the Service or other services) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Operator's inclusion of links to such services does not imply any endorsement of the material on such services. Operator may place third party advertising near or around the Content, at its option and discretion.
Copyright Complaints.
Operator respects the intellectual property of others. It is Operator's policy to respond to claims of copyright and other intellectual property infringement. Operator will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Operator may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Operator will terminate access for Users who are repeat infringers.
Notifying Operator of Copyright Infringement: To provide Operator notice of an infringement, You must provide a written communication to the attention of "Copyright Protection" care of support@timeandtasks.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that You may be liable for damages (including costs and attorneys' fees) if You materially misrepresent that an activity is infringing Your copyright.
Providing Operator with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If You feel that Your material does not constitute infringement, You may provide Operator with a counter notification by written communication to the attention of "Statement of Non-infringement" at support@timeandtasks.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You may be liable for damages (including costs and attorneys' fees) if You materially misrepresent that an activity is not infringing the copyrights of others. If You are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Governing Law. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of the State of Florida. AS A MATERIAL INDUCEMENT FOR ACCESS TO THE SERVICE AND SERVICES, USER HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY ISSUES SO TRIABLE. EACH PARTY HAS HAD THE OPPORTUNITY TO SEEK ITS OWN INDEPENDENT LEGAL COUNSEL REGARDING THIS SECTION AND THE ENTIRETY OF THE PARTIES’ AGREEMENT, OR HAS WAIVED SUCH RIGHT. Any and all disputes related to this Agreement, shall be resolved in accordance with the Rules of Arbitration of the American Arbitration Association, by three or more arbitrators – one appointed by each party and the two appointed arbitrators shall select the third arbitrator. The arbitrators shall make findings of fact and a legal conclusion. The parties shall have a right of appeal to a court of law, to review the legal conclusion for legal error, correction or vacatur. The arbitral procedure shall be conducted in the English language. The place of arbitration and any appeals shall be Orange County, Florida. The parties waive any claims that Orange County, Florida, constitutes an inconvenient forum. The parties agree that any arbitration award may be enforced by the relevant party against assets of the other party wherever those assets are located or may be found, and a judgment upon any such arbitration award may be entered into by any court of competent jurisdiction thereof and for this purpose, the Parties expressly submit to the jurisdiction of any such court.
Attorneys' Fees; Injunctive Relief. If any lawsuit, arbitration, or other proceeding occurs by and among You and Operator, the prevailing party in such proceeding shall be entitled to be reimbursed from the non-prevailing party all of its related costs and expenses, including, without limitation, the costs of its reasonable legal fees associated therewith, at all levels of pre-trial, trial, appeal, and enforcement. In addition, Operator will have available, in addition to any other right or remedy available to it under law or equity, the right to obtain an injunction from a court of competent jurisdiction restraining Your breach of this Agreement and to specific performance of any such provision of this Agreement. You agree that no bond or other security shall be required in connection with such injunction.
Entire Agreement; Severability. This Agreement, together with the Privacy Policy and any amendments and any additional agreements You may enter into with Operator constitutes the complete and exclusive agreement between You and Operator concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement. If any provision of this Agreement is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Operator’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Operator’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Blocking of IP Addresses. In order to protect the integrity of the Service, Operator reserves the right at any time in its sole discretion to block Service users from certain IP addresses from accessing the Service.