PLEASE MAKE SURE TO READ THESE TERMS CAREFULLY!
ACCEPTANCE, REPRESENTATION AND CHANGES TO THESE TERMS
All your use of the Website and the Services made available therein, including without limitation any products and services, will be subject to the terms and conditions of this Agreement. By accessing the Website, and using the Services, you represent that you are able and of legal age to enter into this Agreement with TimelyVisit, either in representation of yourself, or duly authorized by a company or similar entity, and that you are further able to enter into agreements and permitted to receive the Services of this Website, under the laws of the State of Utah, the United States of America and other applicable legislation of other countries and regions, whenever and wherever applicable. By accessing and continued use of the Website, you agree that TimelyVisit may, at its sole discretion, change and/or amend this Agreement, whenever it is considered optimal by TimelyVisit, or to comply with any possible new applicable legislation. These changes may or may not be notified to you by notice sent by TimelyVisit to your registered e-mail address. Your use after such changes have taken place shall be construed as your acceptance of any amendments and/or changes made to this Agreement.
THE TIMELYVISIT SERVICES
The Web-based services made available to you through the Websites allow you to register an account for your business, and through such account approved user you will be able to; i) create and also to update and edit your own online Website ("User Website"), and ii) schedule appointments with your clients and leads; all this is done directly by you through our unique online TimelyVisit Administration and Interface Tool ("TimelyVisit Tool"). Both, the website building and the scheduling of appointments shall be referred to in this Agreement as the "Services". The use of such Services only requires of you a registered account on the websites, a compatible browser, and an internet connection.
2.1 User Website.- The TimelyVisit Tool will help and aid you in creating a website for your business, services or other activities you may use the Services for. You do not need to be tech savvy to do this, you may choose between the provided templates and edit the backgrounds and add or remove sections. The TimelyVisit Tool will allow you to make a lot of edits and customizations on your User Website, but declare that you understand that there may be some limitations to such editions and customizations due to technical reasons. You also agree that, although there may be no space or band limitations at the time, TimelyVisit reserves the exclusive right, and at its sole discretion, to limit the amount of space used by any or all of the User's Websites, and to limit the speed of data transfer; TimelyVisit compromises to try not to affect the User's Websites performance by applying such limitations, and all Users hereby waive all claims in the event any performance of their websites are affected by such limitations. You also represent to TimelyVisit that you will create content for your website which is of your original work, images, and other digital work, or which you have proper authorization of to use; you hereby state that you will indemnify TimelyVisit and its partners, directors, shareholders, agents, representatives and employees and keep TimelyVisit immune in the event of any legal claims or actions, of any nature, present and future, which arise out of the content that You upload and/or display on Your User Website.
2.2 Appointments.- TimelyVisit allows you to schedule, access, consult and register appointments for your business or other activities you may use the Services for. These are duly registered and displayed in an orderly fashion on the website. You are solely responsible of the information you input through the TimelyVisit Tool, and for any errors and mistakes that you or your staff makes whilst inputting data and information. You also represent that all information that you input is true and accurate, and that you are responsible for updating that information and to complete it whenever it may be applicable. TimelyVisit hereby disclaims all liability for Users misuse of the appointment features of the Services.
CHANGES TO SERVICES
You agree that TimelyVisit shall have the exclusive right to change the Services in any way TimelyVisit deems such changes to be appropriate. These changes may include, but are not limited to addition and removal of features, limitation of space and speed, design and scheduling options, and others which may be inherent and offered in an "as is" manner on the Website. Users only remedy to such changes shall be the closure of their accounts and/or from using or benefiting from the Services.
GRANT OF LIMITED LICENSE AND PROHIBITIONS
Any and all software and digital media made available to you by TimelyVisit in connection with the Services is construed to contain proprietary and confidential information that is protected by applicable intellectual property and other applicable laws. TimelyVisit grants to you a non-exclusive, non-transferable, limited license to use such software and digital media solely for the purpose of accessing and using the Websites and its services, as described in sections 2 and 3 of this Agreement, and in strict compliance with the terms and conditions of this Agreement. All Services are made available to you on an "AS IS" and "AS AVAILABLE" basis.
You represent that you will not concur in any of the following actions:
a) Copy or otherwise alter the source code of the software which enables TimelyVisit to provide you with their Services and/or its content.
b) Translate any content of the Websites, either partly or entirely, and copy the services in another language.
c) Attempt or aid in reverse engineering, or attempt or aid in the discovery of the source code of the Services provided through the Website, disassemble, modify, decompile, alter, duplicate, or make illegal copies of any part of the Website or its contents.
d) Access and make use the Services by any means other than with the TimelyVisit Tool.
e) Impersonate any person or entity, including without limitation TimelyVisit Agents, representatives or employees, or misrepresent or induce into error by attempting to impersonate a agent, representative and/or employee of any other Company or Entity.
f) Send unsolicited bulk e-mail (spam) with a link to the Website or to the Services itself.
All the described actions will cause the license granted to you by TimelyVisit to be revoked, aside from any other consequences and/or sanctions which this Agreement may contain.
DATA OWNERSHIP AND USER GENERATED DATA
TimelyVisit shall at all times respect your right to ownership of any content uploaded, stored and/or created by you through the TimelyVisit Tool on your User Website. By uploading, sending, transmitting, storing or in any way displaying or using the Services with your data, information, images, graphics, videos, sounds, music, you grant to TimelyVisit and it’s successors and assignees, a worldwide, perpetual, irrevocable, royalty free, non-exclusive, sub-licensable and transferable license to use, prepare derivative works of, reproduce, publicly perform, publicly display, republish, print, distribute, and perform submission to the Website, or any other media related to TimelyVisit partners or affiliates including also, without limitation, for promoting and redistributing all sort of digital or printed material. TimelyVisit shall hold a non-disputable right to use and/or exploit any graphic ideas, images, photographs, or any other material submitted, displayed or stored by you, for whatever purpose it sees fit, including public display and re-display. However we remind you that you will retain ownership of any material, data, or information you have submitted, displayed, stored, or used in any way in relation with the TimelyVisit Services.
You hereby state and represent to TimelyVisit that all the content you use on your User Website, either it be images, written content, videos, sounds, music, photographs, drawings, and any other related material, data and information, is Yours, or that you have full authorization to use such material, data and information. You represent that you will keep TimelyVisit immune to any legal action and/or claims, and that you shall be solely responsible for any publications or public display of material, data and information that infracts, harms or violates any third party’s right. You shall indemnify TimelyVisit at all times, and against any event, action or claim, resulting of your breach of this section.
COMMUNICATIONS AND NOTICES
1042 E Fort Union BLVD # 493
Midvale, UT, 84047.
Please make sure that you send all communications correctly as this is the only manner you can legally notice us to the address provided before in this section.
FEES, PAYMENT AND TRIALS
8.1.- Fees.- The fees applicable for the Services ("Fees") that are made available to you, will be the ones which are published on the prices and fees sector of the Websites. Such prices stated on the Website for the Services exclude all taxes and additional charges, unless stated otherwise on the Website. You will be solely responsible for any sale taxes and for any and all other charges incidental to your usage of the Services (for example, data charges and currency exchange settlements); we advise costumers within the State of Utah that the Sales Tax applicable to any payment of fees will be charged in addition to the set price. Fees will be paid in US Dollars. TimelyVisit may change these prices whenever it sees fit and convenient. To which you agree; provided that any such changes would apply to you for your opted Services, you shall be notified by e-mail of such changes, and you may choose not to accept them by discontinuing your use from the date on which such changes enter into effect or by sending us a notice through our provided contact form. Discontinuing your use and closing your account will be your only option and recourse of those prices and/or fees changes.
8.2 Payment.- You must be duly authorized to use the credit card or any other opted payment method made available to you, that you choose to use when you create a User Account, or at a later stage, while updating your preferences and subscriptions. Unlawful or unauthorized use of a payment method may result in Account suspension and/or closure, and the deletion of all of its stored content, provided, that the infracting User does not show proof, explaining such use to be an error or a misinterpretation, within the next 3 days of the notice of such infraction. You will keep TimelyVisit immune to any legal claims that may result of such unauthorized or unlawful use of a payment method, and you shall indemnify at all times TimelyVisit, its agents, directors, shareholders, employees, and partners.
Whenever you enter a payment method, including, but not limited to a credit card or a debit card, you authorize TimelyVisit to charge you for the Services using your provided method of payment, and any features there may be available in addition, either present or future. TimelyVisit may bill You; (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services, including, but not limited to, a monthly basis fee. All Services usually are prepaid for the chosen period, and will be non-refundable; unless stated differently in this Agreement.
8.3 Trials and Non-payment.- If users opt for a the 14-day trial that TimelyVisit offers, they will have to pay all due amounts by the day such trial ends; TimelyVisit may immediately freeze all unpaid accounts after the trial period, even when You still have scheduled appointments in the future sometime after the Account was frozen. TimelyVisit disclaims all liability for such account freezing, and will not accept any responsibility, claims or demands for any loss that Users may suffer for frozen Accounts, or the inability to access such frozen Accounts. The only remedy of paying users shall be to pay all amounts due owed to TimelyVisit.
Additionally, In case of non-payment for any reason or any violation of these Terms and Conditions, TimelyVisit shall be entitled, without any liability whatsoever, to immediately bar Yours access to any User Websites and to the Services and the TimelyVisit Tool, and further bar access to particular parts of the Website.
LAWFUL USE OF THE WEBSITE
You are strictly prohibited from using the Services to harm any of the participating parties of this Agreement, and you may also not use the Services to harm third parties. Also, you will not damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by TimelyVisit) to access or use the Service. In addition, you represent to TimelyVisit that you shall not, and will not aid, encourage and/or assist any third party to:
a) Modify, alter, tamper with, repair or otherwise create derivative works of any Software, particularly any software which is in any way related to the provision of the Services of TimelyVisit;
b) Use the Services in any manner or for any purpose other than as expressly permitted by This Agreement and all related documents;
c) Use the Services in any manner or for any purpose other than permitted by any applicable law, act, regulations, or other applicable norms;
d) Sell, resell, rent, lend, lease, assign, sublicense or otherwise transfer any of the rights granted to You regarding the Services of TimelyVisit;
e) Alter, use, misuse or abuse any proprietary and intellectual rights of TimelyVisit, its Users, partners and affiliates or other third parties;
f) Use the Services with the intentions or in any way so intended to try to avoid or circumvent any applicable fees or limitations of the Services;
g) Upload, send or in any way store information and/or data that are in any way illegal or detrimental to anyone, at any time;
h) Interfere in any manner with the Services which TimelyVisit provides to its users;
i) Wrongfully access, without authorization, or circumventing security, any Users Accounts, and/or altering their schedules and User Websites;
j) Use bots, spiders, worms and viruses which affect TimelyVisit or its users in any way;
k) Share access, logins, passwords with persons not authorized or for other agents, parties, employees or representatives which you have not duly paid TimelyVisit for.
If TimelyVisit in good faith, and at its sole discretion, asserts that you have incurred, or that you will attempt to incur in any of the foregoing activities, TimelyVisit may immediately freeze the infracting user or user’s accounts, and, when applicable, inform the authorities of such behavior.
LINKS TO THIRD PARTY SITES
The Services or the Websites of TimelyVisit may contain links to third-party websites, advertisers, services, special offers, or other related places on the internet, which are not owned or controlled by TimelyVisit. Therefore, you understand that TimelyVisit does not endorse or assume any responsibility for any such third-party sites, or any of the information, materials, products, or services which those third-party sites may contain. Whenever you choose to access any third-party sites you understand that you do so at your own risk, and that this Agreement does not apply to such third-party sites, Please make sure you review, verify and recheck before entering in any kind of deal with such websites, as TimelyVisit shall not be responsible of your actions and losses whilst on those third-party sites.
TimelyVisit shall be entitled and have the undisputed right, but not the obligation, to monitor all content of the Websites, the User Websites, and other related sections of the Websites, such as blogs and/or forums where applicable.
TimelyVisit will do this, (but will not be obligated to do so) in an voluntaryattempt to determine if Users are being compliant with this Agreement and other applicable policies or rules which have been established by TimelyVisit and to satisfy any applicable law, regulation or authorized government request. Also, User agrees that TimelyVisit may, without limiting the foregoing, remove all media, information and data which might be construed as a violation or transgression of this Agreement, at any time and at its sole discretion, without ever being obligated to inform you. Even so, you may be notified if TimelyVisit alters in any way, any content of your User Website.
TimelyVisit, Megaorb and other marks and/or trademarks displayed on the Website are registered trademarks of Megaorb Inc. and its affiliates, partners and assignees, either in the United States or in other countries. All graphics, product images, logos, page headers, button icons, scripts and service names which are displayed on the Website are owned by Megaorb Inc., or its subsidiaries and affiliates; and all of the aforementioned material not owned by Megaorb Inc. that appear or are displayed on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Megaorb Inc., or its partners. You are not allowed to use any trademarks either owned by Megaorb, its affiliates, partners and assignees, or of third parties of which you have no authorization in writing of. Be advised that any infraction or breach of this sections which causes claims or DMCA complaints shall be solely your responsibility, and be charged only to you, if such complaints result or are proven to be true.
TimelyVisit is very respectful of copyright laws and your rights of any material which may be wrongfully displayed on the Website or any User Websites. Therefore, pursuant to the directives of the Digital Millennium Copyright Act of 1998, notifications of claimed copyright infringement must be sent to TimelyVisit Designated agent, at this address:
Megaorb Copyright Agent
1042 E Fort Union BLVD # 493
Midvale, Utah, 84047
All claims sent to TimelyVisit due to copyright infringement must:
a) Correctly and specifically identify any material which occasioned such claim and to which access is to be disabled by TimelyVisit, including at least the URL of the link or a map leading to where such infringing material is to be found.
b) You must also provide your company affiliation (whenever applicable), any mailing addresses, telephone numbers, and, if available, email addresses.
c) Please kindly also include both of the following statements LITERALLY in the body of your claim: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” And “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
d) Please also provide us with your full legal name and your electronic or physical signature.
In case any of the foregoing is missing on your claim, we may not be able to process it, so please make sure you send it out correctly. We will try to react to any claims as soon as possible.
TERMINATION AND SUSPENSION
TimelyVisit may suspend your user account, bar your appointment schedule or your User Website from being displayed, or temporarily disable access to whole or part of any Services provided to you, in the event TimelyVisit suspects that you will or are engaging in any illegal activities, or for extended periods of inactivity or requests by law enforcement or other government agencies. If your account was suspended or frozen due to non-payment, you must pay all owed due amounts to regain access to them. Be advised that if you should not regain access to your account, TimelyVisit may have to delete all content of your account, including without limitation all of your User Website’s content and your scheduled appointments and client data; this will apply to users which have not paid their due balance for more than 30 days counted from the suspension or freezing date, or immediately when TimelyVisit construes that this Agreement has been breached by any User. You may also choose to terminate this Agreement by closing your account. By voluntarily closing your User Account, you authorize TimelyVisit to erase all of your stored content and data. All closures will be definitive, and no information shall be stored in the event you want to reopen your User Account, after thirty days from the account closure date.
Upon termination of this Agreement by either party, some sections and clauses may survive such termination.
CHOICE OF LAW AND JURISDICTION
The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Utah, U.S.A., without giving effect to any conflict of law principles. All courts and tribunals of Salt Lake City shall have jurisdiction to all matters related to this Agreement.
This Agreement constitutes the entire agreement between TimelyVisit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TimelyVisit, or by the posting by TimelyVisit of a revised version on the Website.
In case you are reading this Agreement in a language different its original language (U.S. English), this English version shall govern over any translated versions, should there be any discrepancies or differences of interpretation.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TIMELYVISIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, TIMELYVISIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH WILL REMAIN SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TIMELYVISIT SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF TIMELYVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIMELYVISIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TIMELYVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIMELYVISIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TIMELYVISIT’S REASONABLE CONTROL.
THIS LIMITATION TO LIABILITY EXTENDS TO ANY SORT OF SECURITY BREACH WHICH MAY OCCUR ON THE WEBSITE, UNAUTHORIZED ACCESS, DIRECT ATTACKS OR ANY OTHER MALICIOUS ATTEMPT TO BREAK THE WEBSITE’S SECURITY; YOU WAIVE ALL RIGHTS TO CLAIM OR DEMAND COMPENSATION OF ANY LOSSES RELATED TO BREACHES OF SECURITIES, HACKS, VIRUSES, WORMS AND OTHER MALICIOUS SOFTWARE, REGARDLESS OF ITS ORIGIN.
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify and hold TimelyVisit and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the use of TimelyVisit of your content and material; or (iv) your violation of the rights of any third party, including any possible Third Party Providers, be they present or Future.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This Agreement supersedes all prior understandings and negotiations regarding the subject thereof, and represents the complete agreement between you and TimelyVisit. These Terms do no create or confer any third-party beneficiary rights. TimelyVisit may, at any given time, change, amend or modify this Agreement at TimelyVisit’s sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your TimelyVisit account.