Website Terms of Use

Acknowledgement and Acceptance of Terms of Use. These terms of use (the “Terms of Use“) are an agreement by and between TimedRight Inc. (“TimedRight“, “we” and “us”) and you (“you”). The Terms of Use sets forth the terms and conditions of use of the timedright.com website (the “Website”). By accessing, viewing, downloading or otherwise using the Website or any webpage or feature of the Website you agree to be bound by the Terms of Use and any other policies or agreements made part of the Terms of Use by reference, including without limitation the Privacy Policy, the TimedRight Trademark and Copyright Usage Policy, the Membership Agreement and the Payment Terms (if applicable), as well as any new, different or additional terms, conditions or policies which TimedRight may establish from time to time.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MUST DISCONTINUE ACCESSING THE WEBSITE. TIMEDRIGHT MAY MODIFY THESE TERMS OF USE AT ANY TIME, WITHOUT NOTICE AND IN ITS SOLE DISCRETION. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY MODIFICATION WILL CONSTITUTE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF USE AS MODIFIED. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access. Subject to these Terms of Use, you may use the Website as a “Visitor” (which means you are just browsing certain available areas of the Website) or as a “Registered Member” (which means you have registered as a member of the Website). Visitors may become Registered Members by creating a password-protected account to access certain services and agreeing to the TimedRight Membership Agreement.

Privacy. You can view TimedRight’s Privacy Policy here, which is incorporated herein by reference. The Privacy Policy provides your rights and our responsibilities with regard to your personal information. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

Modification of the Services. TimedRight reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof including without limitation the Website or any part thereof) with or without notice. TimedRight shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Service. TimedRight may establish general practices and limits concerning use of the Website.

Restrictions On Use Of Materials. All content available on the Website is governed by the TimedRight Trademark and Copyright Usage Policy.

Requests to Remove Certain Content From our Sites. If you believe that content owned by you has been copied and made accessible in a manner that violates your intellectual property rights, please review the TimedRight Trademark and Copyright Usage Policy.

Indemnity. You agree to indemnify and hold TimedRight, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties“) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim (whether by TimedRight and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, that arises out of:

Your use of the Website;
Your connection or access to the Website;
Your violation of these Terms of Use; or
Your violation of the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Data and Access Disclaimer. We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using the Website.

The Website is “As-Is”. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS”. TIMEDRIGHT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (the “TimedRight Parties”) DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS. NO WARRANTY OR CONDITION OF ANY KIND (IMPLIED, EXPRESS, OR STATUTORY) IS GIVEN IN CONNECTION WITH THE WEBSITE.

Limitation Of Liability. THE TIMEDRIGHT PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE WEBSITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN SUCH TIMEDRIGHT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OF EXPENSES.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, thus the above limitation may not apply to you.

Third Party Website Disclaimer. Please note that certain links on the Website may take you to other websites. Links to other websites or other resources which are not created or controlled by TimedRight (“Linked Sites“) are intended for convenience only. Linked Sites are wholly independent from TimedRight, therefore TimedRight has no control over any products, services, materials, or other information contained in or available through these third party websites. Therefore, access to any third party websites through the Website, regardless of whether the third party website is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. TimedRight makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.

Security. TimedRight reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing TimedRight to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any law or regulation. YOU WAIVE AND HOLD HARMLESS TIMEDRIGHT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TIMEDRIGHT DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TIMEDRIGHT OR LAW ENFORCEMENT AUTHORITIES.

Submission of Ideas or Suggestions. TimedRight is always improving the Website and the Services and developing new features. If you have ideas or suggestions regarding improvements or additions, TimedRight would like to hear them – but any submission will be subject to these Terms of Use. Under no circumstances will any disclosure of any idea or suggestion or related material to TimedRight and/or its affiliates or licensors be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion or any related material to TimedRight and/or its affiliates or licensors, you are waiving any and all rights that you may have in the idea or suggestion or any related material and are representing and warranting to TimedRight and/or its affiliates or licensors that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that TimedRight and/or its affiliates or licensors is free to implement the idea or suggestion and to use the related material if it so desires, as provided or as modified by TimedRight and/or its affiliates or licensors, without obtaining permission or license from any third party.

Beneficiaries. TimedRight Parties are not parties, but intended third party beneficiaries of the Terms of Use, with a right to enforce the Agreement directly against you.

Assignment. You may not assign any rights or obligations under the Agreement and any purported assignment shall be ineffective. TimedRight assign or delegate all rights and obligations under the TimedRight without notice to you.

Governing Law. These Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regard to the conflicts of laws principles.

General Provisions. The failure of TimedRight to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any provision of the Terms of Uset is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.