Terms and Conditions
Welcome to TimerLay.com (the "Site").
TIMERLAY TERMS OF SERVICE
This Agreement is subject to change, however we endeavour to post any changes on our Site when made and will do our best to let you know of any material changes. Nonetheless, your continued use of the Site will be your acceptance of this Agreement. Your only recourse if you do not agree is to leave the Site and discontinue your use of the Service. No refunds will be given for paid members if you decide to discontinue your use because you do not agree to these changes.
In order to help you better understand your rights, we've made a quick list of things that you're agreeing to by using our Site, subscribing to our Service, or utilizing the Software at any time:
1) You will not use our Site or Service to SPAM;
2) Again….you will not use our Site or Service to send SPAM;
3) You will not use our Site or Service to stalk, harass, defame, defraud, or encourage others to do any of the above;
4) You own the rights to all Content that you post;
5) YOU WILL BE RESPONSIBLE AT ALL TIMES;
6) You will remain responsible for any laws, treaties, or conventions related to data privacy, international communications, and exportation of data across State or Country lines;
7) You will indemnify TimerLay for any use by you that causes us harm;
8) Unless expressly authorized in writing, you will not reproduce, duplicate, copy, sell, trade, modify, or resell any portion of the Site or the Service or access to the Service.
1. Description of Program, Software, and Site
TimerLay provides users with the ability to market themselves via its proprietary Platform. We may add features over time, with the use of any such features being governed by these Terms. Our Service may also allow you to communicate with others, whether it is via internal messaging or on a third party social media site, which is all conditioned upon your acceptance of these Terms, any third parties Terms, as well as your unconditional promise to continue to abide by them. If you cancel or have your subscription terminated you will lose access to your account, and any and all information will be deleted permanently.
2. Eligibility and Interaction with Third Parties
Our Site and Service are intended for human that are at least 18 years old ….and by human we mean not a robot since bots or other automatic scripts are not allowed on our Site, or at least until Asimovs 3 Laws of Robotics becomes reality.
In addition, some jurisdictions may restrict the ability to utilize Services or Sites like ours, so if you are from a country that prohibits this please do not use our Site or Service. If you are accepting this Agreement on behalf of someone else or an entity then you agree that you have the authority to sign this Agreement on their behalf and bind them to this contract. In addition you agree to keep all information up to date. Your failure to remain eligible may lead to the termination of your account.
When using TimerLay you may be presented with opportunities to interact with members of social networks or other Sites that integrate with our Platform. These third parties are people we have no control over. Any such interaction you have with them, and specifically any communications that take place between you and them are strictly between you and that third party. Nonetheless, we expressly prohibit you from sending any unwanted commercial messages to them in violation of our, or anothers, Terms. We disclaim any and all liability for your interaction with them and any reference or link to a third party is not meant to imply an endorsement, partnership, or association with that third party.
3. Unauthorized Use and No Spam
The use of our Site, Program, or Software by you, any entity, or any other third party is contingent upon the representation and promise that such use will be in accordance with all applicable laws, rules, and regulations. This means you will behave like a responsible internet user, be responsible for such use, and will continue to act appropriately throughout the duration of your use. Specifically, by signing up for or participating in any Service you agree to only use it in a way that is compliant with CAN-SPAM Act of 2003, 15 U.S.C. 7701. While we reserve the right to define what is and is not appropriate use, as well as what actions we may take, you agree that you will not use our Site, Service, or Program for the following:
- To send unsolicited commercial messages (SPAM)
- To direct anyone else to send unsolicited commercial messages (SPAM)
- To transmit any content that is harassing, obscene, defamatory, threatening, violent, obscene, racist, or invades someone's privacy, copyrights, or trademarks.
- You will not exploit us, our Site, our Program, our Software, or any third party;
- You will not interfere, disassemble, decompile, hack, or do anything to tamper with the Site, Software, or Program;
- You will not impersonate anyone or any entity;
- You will not use the Site to download anything you don't have the rights to;
- You will not use our Site in violation of any terms or privacy policies of any site, if you do you agree to indemnify and hold us harmless for your violation;
- Encourage others to violate our terms;
We take violations of this Agreement seriously, and reserve the right to act accordingly in any particular situation, without waiving the right to act differently in another similar situation. This right to act accordingly includes, but is not limited to, banning you from our Site, taking you to Court, reporting you to the feds, or disclosing your information when necessary to protect us, our users, or to guard against fraud. While we may provide this information we do not retain information for specific periods of time.
4. Intellectual Property
Ours : Our Site, Program, and Service are protected to the fullest extent by law. All logos, graphics, content, and layouts are our intellectual property and we give you a revocable, limited, non-exclusive right to use the Site, Programs, and Service. Our intellectual property is protected by copyright, trademark, and other intellectual property law to the fullest extent in each jurisdiction. In addition, the look and feel of our Site is protected under 15 U.S.C. 1126, and you may not reproduce or copy it, in whole or in part, without our express written permission.
Yours : While, we do not make claim to any rights in content that you may transmit or download via our Software, Program, or Site, you will be giving us a limited right to use, distribute, transmit, or display the Content via our Service and in accordance with this Agreement. Again, we reserve the right to reject any Content at any time for any reason without any compensation to you. To the extent possible, the license you provide to us to distribute, transmit, post, or display your Content via the Service is revocable, worldwide, and fully paid up but you will still remain possible your Content. We do not screen the Content for appropriateness, reliability, legality, or originality.
In addition to the above, we may use the Content you provide to aggregate (with all personal information removed) to determine how our system is performing, how we may improve, or to create case studies. We may also use your name, likeness, or the results you achieve from the Service to promote or market our Service. Unless you provide authorization, however, we will remove any personally identifiable information from our marketing material when discussing case studies or performance of our system.
When using our Site, Service, or Program you agree that: (a) you will only utilize it in the way it is intended; (b) you will not infringe on anyone's copyrights; and (c) you will not act in violation of any applicable law. We cannot provide access to our service to anybody who would seek to copy it in direct or indirect competition with us. As such, you must not copy, imitate, or otherwise use the services we provide as a model in whole or in part for any projects that you may be working on that a reasonable person would expect to compete with us, even if you would otherwise be entitled to engage in these actions had you not entered into this Agreement. In other words, as a part of this Agreement, you are agreeing not only to not infringe on our intellectual property rights, but also that you will not use what we grant you access to in order to compete with us. This applies to copyrighted material, trademarks, trade names, designs (including the "look and feel" of our services), patents, and any other services provided by us to you.
If you feel as though we have violated your rights you must send us notice outlining in detail what rights you believe are being violated, the specific location on our site that contains the infringing content, the location that proves you own the content or information specific to how we can find that such intellectual property is in fact owned by you, your full name and contact information, and your representation that you do, in fact, own such intellectual property and that you will testify in a Court of law of your rights. We reserve the right to act accordingly, and do not waive any rights in any response or non response to your submissions.
5. Service, Software, Site Availability
We do not guarantee that the Software, Program, or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use the Site, Program, and Software, are not prohibited based on law, or who's use would increase our liability or impose liability on us beyond the scope of this Agreement are expressly prohibited. We cannot guarantee that the Software will work as advertised, or that it will give you the desired results. Our Service also depends upon the availability of other third party sites of which we have no control.
We may cancel our Service, Site, Program, or Software at any time, for any reason, without warning or compensation, even if we have been advised that it may result in a loss to you or any other party.
We will provide more information in our Limitation of Liability and Warranty section
6. Registration and Subscription
Registration : If you register to become a paid subscriber to our Service, whether it is on a monthly basis or yearly basis, you agree to pay any amounts invoiced to you in full. You will utilize our third party payment gateway to provide any payment information, and authorize the charge for the amount that is owed. If there is a mistake in any pricing, we will correct it and send you any invoices for the additional amounts. We reserve the right to approve, disapprove, or terminate any account at any time for any reason, or no reason, without a refund.
Auto Renewal and Subscription : If you have chosen to pay for our Service via a monthly subscription, your payment method will be charged automatically at the end of the subscription period unless cancelled by you. This is known as recurring billing, meaning you will not be allowed to use the Service for any given period if you have not paid for that period and thus you will be automatically charged for that billing period unless you have cancelled before the due date. All subscriptions are due on or before their due date or we have the right to cancel the Service and terminate your account.
Changes to Billing : If we change the amount that we bill we will do our best to notify you of any changes at least sixty (60) days prior to the new charges taking effect. After such time has elapsed we will attempt to charge your card for the amount due and owing and if it is declined we will cancel your subscription until paid.
Don't Lie : WHEN SIGNING UP FOR OUR SERVICE OR PROVIDING PAYMENT YOU MUST MAKE SURE YOU PROVIDE ACCURATE, TRUTHFUL, AND CURRENT INFORMATION. ANY FAILURE ON YOUR PART TO ABIDE BY THIS WILL LEAD TO THE TERMINATION OF YOUR SUBSCRIPTION TO OUR SERVICE.
Upgrades : If at any time we offer upgrades or enhancements you may have the ability to participate in those upgrades or enhancements as a paid member. If we change the Services or the functionality of the Site it may also change the price of our Services, which you will be responsible to pay for.
Refunds : There are no refunds or credits for periods that are unused.
TimerLay may, but are under no obligation to, honor requests for refunds for the following reasons:
Non-delivery of the product: Due to an issue with the mail or courier service, you do not receive a delivery e-mail from us. Depending on the price of the product, TimerLay may require you to first submit proof that you have submitted a report to the mail service or courier company describing the missing item;
Download issues: You have problems that prevent you from downloading the product. TimerLay recommends that you contact the support team for your browser provider, as TimerLay ensures that our software can be downloaded with all major browsers, and this problem usually arises from a customer’s issue with either their browser, firewall, or network;
Irreparable defects with the software: Although all the products are thoroughly tested before release, unexpected errors may occur. This reason should be submitted to our Support Team for its approval of your refund request;
Product not-as-described: A request based on this reason is addressed on a case-by-case basis and subject to our approval. To prevent this kind of claim from arising, every customer is encouraged to check free samples ( in the form of video overviews, demo links, product samples, screen shots) of each type of the product offered before making a purchase.
Our General Disclaimer of Warranties and Limitation of Liabilities are set forth herein. Different sections may or may not apply to you based on where you are located, notwithstanding the governing law provision of this Agreement. Our liability and warranty policies are as follows:
Warranty : Our Site, Services, and Program are provided on an "AS IS" basis. AGAIN, EVERYTHING PROVIDED BY US IS ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR NON-INFRINGEMENT. WE DO NOT GUARANTEE OR PROMISE THAT THE SOFTWARE WILL BE ERROR FREE, THAT IT WILL ACCOMPLISH WHAT YOU DESIRE IT TO, THAT IT WILL BE SECURE, OR THAT IT WILL BE MISTAKE OR DEFECT FREE. WE DISCLAIM ANY WARRANTIES, WHETHER ORAL OR WRITTEN, THAT MAY BE ON OUR SITE AND DISCLAIM ANY PROMISES OR GUARANTEES ABOUT PERFORMANCE, OR RESULTS. YOU BEAR THE RISK OF RELYING ON AND EVALUATING ANY CLAIMS MADE INCLUDING ANY CONTENT YOU CREATE, PROVIDE, OR SUBMIT VIA THE SERVICE. USE OF THE SERVICE IN ANY WAY MAY INADVERTENTLY LEAD TO THE TERMINATION, SUSPENSION, OR LIMITATION OF YOUR ACCOUNT, OR ANY OTHER PERSONS ACCOUNT, ON ANY THIRD PARTY SITE THAT THE SERVICE MAY UTILIZE FOR SUBMITTING. YOU ARE RESPONSIBLE FOR ANY SUCH RISK OR LOSS.
Limitation of Liability : WE DISCLAIM ANY LIABILITY OVER THIRD PARTY CONTENT, AS WELL AS ANY SERVICES THAT MAY INCLUDE MATERIALS OR INTERACT WITH ANY THIRD PARTIES. WE DO NOT EVALUATE ANY CONTENT NOR ARE WE RESPONSIBLE FOR EDITING OR REMOVING IT, ALTHOUGH WE RESERVE THE RIGHT TO DO SO. SINCE WE HAVE NO CONTROL WE DO NOT HAVE ANY LIABILITY, AND YOU WILL INDEMNIFY US FOR ANY LOSS THAT HAPPENS AS A RESULT OF YOUR USE OR MISUSE. YOU WILL NOT USE OUR SERIVCE IN ANY WAY THAT VIOLATES THIS AGREEMENT, OR ANY THIRD PARTY RIGHTS, WHICH INCLUDE RIGHTS PROVIDED BY THE TERMS OF SERVICE OF ANY THIRD PARTY SITE CONNECTED WITH OURS. THE USE OF THE SITE, PROGRAM, OR SOFTWARE, INCLUDING ITS USE OR HOW IT SUBMITS ANY CONTENT IS DONE AT YOUR OWN RISK, IS YOUR OWN RESPONSIBILITY, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARE CAUSED TO YOU, US, OR ANY THIRD PARTY. WE WILL NOT BE RESPONSIBLE AND DISCLAIM ANY WARRANTY FOR YOUR USE AS IT PERTAINS TO YOUR COMPUTER, AND YOU AGREE THAT WE HAVE NO CONTROL OVER THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING ANY FAULTS OR ERRORS IN SUCH COMMUNICATIONS.
EXCEPT FOR JURISDICTIONS WHERE THESE CLAUSES ARE PROHIBITED, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PERSON FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF DATA, STATUTORY FEES, FINES, TAXES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REPUTATION, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE WERE ADVISED, OR ANY OTHER LOSS THAT RESULTS FROM THE INABILITY TO USE THE SERVICE, IMPROPER OR UNAUTHORIZED USE OR ACCESS TO THE SERVICE, CONTENT THAT IS DISTRIBUTED, OR ANY INACCURATE OR OUT OF DATE CONTENT OR FAILURE TO POST CONTENT, OR ANY OTHER MATTER RELATING TO OUR SERVICE.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party, which may arise from or relate to this Agreement, provision of Service, or use of the Site or Program. This includes any claim of infringement by you, or any other third party at your direction or control. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
You agree that this Agreement will be subject solely to and shall be interpreted in accordance with the laws applicable in Missouri. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Missouri.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so. Notwithstanding the foregoing, the prevailing party in any legitimately filed claim will be entitled to their attorneys' fees and costs.
10. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), communication disruption, failure or shortage of infrastructure, zombie attacks, shortage of materials, errors by banks or credit card companies, failure of your telephone provider, or any other event beyond our control.
11. Transfer of Data across State and Country lines
When using our Service you may be transferring information from your computer to ours, or any servers we have. In doing so, you understand your information is flowing across state lines or even between different countries. Regardless, you consent to the transmission of your information via your use of the Service. You will also acknowledge any limitations in transferring information via our Service with regards to any third party site that may be integrated with it.
In addition, you may not use this Site or Service if you are from a country that is on the U.S. export control or embargo list.
11. Severability and Amendments
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force with the offending provision removed. We may amend this Agreement at any time at our sole discretion. After amending this Agreement we may notify you of the changes, if such changes would materially alter the relationship between the parties. If we notify you, we may also require you to confirm your acceptance of these changes.
If you do not accept these changes, then you will not be allowed to use the Site, Program, or Software and must notify us of your refusal to accept the changes, upon which we will require you to remove the Software and cease accessing the Site. You must send this notification to the email address provided on our Site. Any other Notice must be addressed directly to us at the address we provide, if available, otherwise to help@TimerLay.com. Because this Agreement contains provisions that still impose duties upon both parties after it has terminated, certain provisions regarding disputes, competition, indemnification, confidentiality, liability, and warranties will remain in force.
12. Unauthorized access and IP Blocking
Any violation of this Agreement will be considered unauthorized use, with the attempt to utilize the Service after your account has been terminated being classified as an intrusion upon our system. This is a violation of the Computer Fraud and Abuse Act and will be treated accordingly. We also reserve the right to block any IP address or range of IP's for any reason, without notice. If your account is terminated or your IP is blocked you will not access our Site from behind a proxy.
The Children's Online Privacy Protection Act ("COPPA") prohibits the collection of personal information from users under the age of thirteen years old. This Site and our Service are not meant for people under the age of 18, so obviously if you're 13 you shouldn't be here. However, if you become aware of any user who is under the age of thirteen years old (or eighteen years old, for that matter), or any content posted about any person under thirteen years old on our website, please notify us immediately. In addition, you agree you will not use the Service to market to any person under the age of 13.
TimerLay may assign its rights and obligations under this Agreement to any third party, for example, in the case of a buyout, merger, or other transaction where we might decide that it is beneficial to us to assign our rights or obligations.
If any provisions of this Agreement are determined to be invalid or otherwise unenforceable by a court of competent jurisdiction, the invalidity of the provision(s) will not affect the validity of any other provision(s) in the Agreement and the remainder of the Agreement shall remain in full force as though the Agreement had been assented to without the invalid or otherwise unenforceable provision.
Paragraph headings are meant for ease of reference only and have no binding effect or value in relation to the interpretation of the provisions within a paragraph. A provision is not invalid by reason of the fact that it is not fully described in a paragraph heading.805 W. Pine Poplar Bluff, MO 63901 USA | 1-800-764-9518