Terms & Conditions

TERMS OF SERVICE
(Last updated: August 18, 2010)

By accessing the Website or using any of the Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Call the Time reserves the right to update and change the Terms of Service from time to time without notice. It is your sole responsibility to verify the Terms of Service (and the date of last modification which appears above) and apprise yourself of any such change.  Continued use of the Services after any such changes shall constitute your consent to such changes.  Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the then current Terms of Service.
Violation of any of the Terms of Service may result in the termination of your Account at Call the Time’s sole discretion without notice or any refund or credit of any sort.

I.       Account Terms

1. The Website may only be accessed and the Services may only be used in those jurisdictions where such access and such use are permitted by applicable laws.  The Website and Services are not offered where prohibited.
2. To access this Website and use any Service, you have reached the legal age of majority in the jurisdiction in which you reside.
3. Accounts created by “bots” or other automated methods are not permitted.
4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
5. Your account may only be used by a single person.  Account sharing is strictly prohibited.
6. You are solely responsible for maintaining the security of your account and password(s). It is your sole responsibility to ensure that any password you choose is secure.  Call the Time cannot and will not be liable for any loss or damage from unauthorized use of your account and/or password(s) or from the fact that you use common passwords for different websites or services.
7. You are solely responsible for all content posted or stored on the Website or in conjunction with the use of the Services (collectively, “Content”) and activity that occurs under your account, including any use of Services.
8. You may not create or use more than one free account.
9. You may not use any Service for any illegal, improper or unauthorized purpose, including, without limitation, infringement of any third party rights.  You agree to indemnify and hold Call the Time, its subsidiaries and service providers, and each of their respective directors, officers, employees, agents, and representatives from any liabilities, expenses (including, without limitation, legal fees), costs, damages, penalties and other losses arising directly or indirectly from your access to the Website and/or use of any Service in contravention with these Terms of Use.
10. Call the Time reserves the right at any time to modify, suspend or discontinue, your access to the Website and/or Services.

II.      DISCLAIMERS & LIABILITY

1. The Website and Services are provided on an “as is”, “as available” basis without any representation or warranty of any kind or sort, whether express or implied, and expressly disclaims any warranty of any sort, including any statutory warranty to the fullest extent permissible by applicable laws.  Without limitation to the generality of the foregoing, you understand that no representation or warranty is made to the effect that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any goods, services, information, or other material purchased or obtained by you through the Website or any Service will meet your expectations, (v) any errors in the Website and/or Services will be corrected, or (vi) the Services will be compatible with or supported by any third party service provider.  Without limitation to the generality of the foregoing, Call the Time makes no representation or warranty with respect to, nor recommends or endorses any third party goods or services advertised on the Website, accessible through the Website and/or required to access the Website and/or use any Service.  You agree that access to the Website and use of the Services, as well as use of any third party website, goods, services and content, is at your own risk.
2. You expressly understand and agree that Call the Time shall not be liable for any indirect, incidental, special, consequential, aggravated or exemplary damages, including but not limited to, damages for loss of profits, depreciation of goodwill, loss of use, loss of data, loss of business opportunity and failure to realize expected savings, even if Call the Time had knowledge of the possibility of such damages being suffered, and which arise in conjunction with: (i) your access and/or use, or inability to access and/or use, the Website and/or any Service; (ii) unauthorized access to or use of your account and/or password; (iii) unauthorized access to or alteration of your transmissions or data, including, without limitation, your Content; (iv) statements or conduct of any third party in conjunction with the Website and/or any Service; and/or (v) any other matter relating to the Website, the Services or Call the Time, its agents, representatives, customers and/or service providers.  Without limitation to the foregoing, Call the Time’s maximum liability for direct damages shall be limited to $100 in the aggregate.

III.     Intellectual Property

1. Call the Time and its licensors are the exclusive owner of all rights in and to any intellectual property relating to the Website and/or the Services and any materials available on or through the Website and/or use of the Services, including, without limitation, any software, documentation, publication and other materials.  You acquire no right in and to such intellectual property save and except the limited usage rights provided under these Terms of Use or any supplementary license agreement entered into by Call the Time (or its licensors) and you (each, a “Supplementary License”).  Call the Time and its licensors expressly reserve any and all rights not expressly granted to you under these Terms of Use and Supplementary Licenses.  Any suggestion or feedback you provide shall become the exclusive and sole property of Call the Time and Call the Time may make unrestricted use thereof without any obligation whatsoever to you.
2. You shall not decompile, reverse engineer or otherwise attempt to extract source code from any software program made available to you on the Website or in conjunction with the Services (collectively, the “Software”).  You agree not to distribute or modify the Software or create derivative works thereof.  You agree not to provide access to the Software (whether the installation software or installed version) to any third party and agree to take reasonable measures to prevent any unauthorized access, reproduction or obtaining of Software.  You agree not to remove or conceal any proprietary markings on any media or packaging provided with respect to the Software, or otherwise displayed in conjunction with the installation and/or operation of the Software.

IV.     Payment, Refunds, Upgrading and Downgrading Terms

1. Any and all fees with respect to your use of the Website or any Service must be paid through an accepted and valid credit card Free accounts are not required to provide a credit card number.
2. Free trial periods are subject to abridgement or cancellation without notice. 
3. All Services are offered on a prepaid basis only.
4. Services are billed in advance on a monthly basis and any and all payments are non-refundable. Without limitation to the generality of the foregoing, no refunds or credits are provided for partial months of service, service downgrades, or service non-use.
5. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

V.      Cancellation and Termination 

1. To cancel account you must access the Website and click on the manage company profile screen and select the cancellation link. You are solely responsible for ensuring that these steps have been properly and fully completed.  Failure to do so will result in you continuing to be billed and be responsible for paying additional service fees and charges.
2. You will immediately lose any and all access to your Content upon cancellation of your account. You acknowledge and understand that this information will not be recovered or provided to you once your account is cancelled.
3. If you cancel a Service before the end of the then current paid up month for such Service, no refund or credit will be provided with respect to the unused portion of the month for such Service.
4. Call the Time in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future access to the Website and/or use of the Services, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all your Content. Call the Time reserves the right to refuse service to anyone for any reason at any time.

VI.     Modifications to the Services and Prices

1. Call the Time reserves the right at any time and from time to time to modify, suspend or discontinue, the Services (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees for a Service, are subject to change upon at least 30 days prior notice from us. Such notice may be provided at any time by posting the changes to the Website.
3. Any and all payments shall be deemed to have been made and received in the Province of Ontario, Canada.

VII.    General Conditions

1. Technical support is only provided to paying account holders and is only available via email.  Technical support is not provided with respect to any issue which is caused in whole or in part by you or user of the service, or by any third party or any third party network, equipment, services or facilities.  You acknowledge and understand that there are known compatibility issues with certain telecommunications service providers.
2. You acknowledge having reviewed the privacy policy (accessible through this hyperlink) and consent to the practices, procedures and proposed uses stated therein.
3. You understand that Call the Time uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Website and provide the Services.
4. You agree not to modify, adapt or hack the Service or falsely imply that Call the Time or any of its websites or services it is associated with any entity whatsoever and/or any good and/or service provided by anyone other than Call the Time.
5. You agree to use the Services solely for your personal use and not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without the prior written permission of Call the Time which may be arbitrarily refused.
6. Call the Time may, but has no obligation to, remove content terminate accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable.
7. Verbal, physical, written or other abuse (including insults, threats of abuse or retribution) by you of any Call the Time customer, employee, member, or officer will result in immediate termination of your account.
8. You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and understand that such transmissions may be intercepted, altered, misdirected, impersonated or otherwise be affected in manners that are neither authorized by you or Call the Time. 
9. You must not upload, post, host, or transmit unsolicited email, or “spam” messages to the Website, through the Services or to other Call the Time users, customers or service providers.
10. You must not transmit any worms, spyware, Trojan horses or viruses or any code of a destructive nature to the Website, through the Services or to other Call the Time users, customers or service providers.
11. The failure of Call the Time to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Call the Time and govern your access of the Website and use of the Services, superseding any prior agreements between you and Call the Time (including, but not limited to, any prior versions of the Terms of Service).
12. In the event a court of competent jurisdiction determines that a provision of these Terms of Use is unenforceable or that a portion of a provision of these Terms of Use is unenforceable, that provision or portion of a provision (as the case may be), shall be considered as being struck from the Terms of Use solely for the purposes of that proceeding and the remainder of the Terms of Use shall continue to apply.
13. All monetary amounts on the Website are, unless expressed otherwise, in United States funds.
14. These Terms of Service, and all matters contemplated hereunder, including, without limitation, the Website, the Services and our relationship with you, are governed by the laws of the Province of Ontario. 
15. You agree that any dispute with respect to the subject matter of the Terms of Service, including, without limitation, the Website and Services, shall be resolved by way of arbitration conducted pursuant to the Arbitration Act, 1991 (Ontario) before a single arbitrator.  Any such arbitration shall take place in the City of Toronto, Ontario, Canada and shall take place in English only.  Any decision of the arbitrator may only be appealed on the basis of a question of law or a question of mixed fact and law and any such appeal (and subsequent appeals) shall take place in the City of Toronto, Ontario, Canada.
16. You acknowledge that Call the Time and you have expressly and voluntarily agreed that these Terms of Use be drafted solely in English.  Vous confirmez que Call the Time et vous avez exprèssément et librement demandé que ces modalités soient rédigées uniquement en anglais.