Terms of Service
4Timer shall provide its software and website merely as a service (“Service”) to you, subject to the Terms of Service (“TOS”) and shall not be construed in any way as a contract for any other purpose. 4Timer reserves the right to amend the TOS at any time. Should there be such amendments, these shall become effective only upon the posting of the TOS, as amended, on our website.
Registering for the Service
Membership registration is required before you can access the Service. You agree to provide complete, true and accurate information, as may be required, when registering for the Service and to promptly update these should there be any subsequent changes thereto.
4Timer reserves the right to suspend or terminate your membership and/or access to the Service should it be found that any of the information you provided in your membership registration is untrue, inaccurate, or incomplete, or should reasonable grounds arise for 4Timer to suspect that the information you provided are untrue, inaccurate, or incomplete.
4Timer does not assume any obligation to provide any third party facilities for access to the Service. You are responsible for obtaining access to the Service, which responsibility may include providing the necessary equipment and payments for fees and charges to third parties for data, Internet, and other services.
Every time you access the Service shall be possible only upon entering your login name and password which you initially set during the registration process. You shall be responsible for maintaining the confidentiality of your password and login name, and shall likewise be responsible for all your activities and transactions, including payment of purchases and fees incurred, arising from the use of your login name and password.
4Timer does not assume any liability whatsoever for the use of your login name, password or credit card information. Any and all purchases and fees incurred arising from your membership shall be for your account.
You undertake to immediately notify 4Timer of any unauthorized use of your membership or any other breach of security upon discovery thereof. 4Timer shall assume no liability whatsoever for any unauthorized access to the Service using your login name and password prior to such notice.
Your access to the service shall be subject to the payment of a fee, which shall be payable through credit card. By using a credit card for the payment of the recurring fees, you represent and warrant to 4Timer that you are the authorized card holder and absolve 4Timer of any liability for any charges arising from the use of the Service.
4Timer shall charge the fees to your credit card on a monthly basis. 4Timer reserves the right to amend its schedule of fees and/or change its billing methods. Should you find any change or amendment unacceptable, you may opt to cancel your membership without however any right to demand refund for fees that have already accrued prior to such cancellation. 4Timer reserves the right to impose upon you any sales or use taxes which the Service may be subjected to.
Prohibited Use of the Service
Your access to and use of the Service shall be construed as an express undertaking on your part that, you will not:
Impersonate any person, including any 4Timer employee or agent;
Violate any local, state, or national law; harass other people or collect or store data about them;
Use any device, software or routine that would, in any way, interfere or attempt to interfere with the normal operation of the Service;
Employ any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Service or of its components;
Use the Service in any manner not expressly authorized in the TOS;
Reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion thereof, including its use and access, for any commercial purposes.
Rights to Ownership and Transfer
The access and use of the Service as provided in these TOS do not constitute as a transfer or sale of 4Timer’s ownership rights in the 4Timer Database. 4Timer retains all rights, title, and interest in and to the 4Timer Database including all related intellectual property rights. You agree to use your best efforts in preventing and protecting the contents of the 4Timer Database against any unauthorized use or distribution. You agree not to sell, assign, rent, lease, sublicense, loan, distribute, transmit, or otherwise transfer any content of the service, including the 4Timer Database, as well as your rights and obligations under the TOS. You likewise agree not to copy or reproduce in any form; alter, modify, or create derivative works or publicly display any content of the Service, including the 4Timer Database, except those expressly authorized in the TOS.
Any minor below the age of thirteen (13) years old is expressly prohibited from accessing, purchasing, or using any of 4Timer’s products and services. By registering your membership with 4Timer, installing, accessing and using the Service, and accepting these TOS, you represent and warrant to 4Timer that you are already thirteen (13) years old at the very least.
You represent and warrant to 4Timer: (a) that you have full power, authority, and legal capacity to enter into the Agreements and abide by its obligations, and if registering on behalf of a company or other entity, that you have been conferred full authority to bind your principal or employer company; (b) you have provided complete and accurate information to 4Timer; and (c) you will pay 4Timer all charges at the prevailing rate when these charges were incurred.
You agree to indemnify and hold 4Timer, and its subsidiaries, affiliates, officers, agents, and employees, free and harmless from any claim or demand, including those for reasonable attorneys’ fees and/or litigation costs, made by any third party due to or arising from your use of the Service and for any violation of the TOS or rights of any third party.
Changes to the Service
4Timer reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service or any part of thereof with or without prior notice. 4Timer shall assume no liability to you or to any third party for any modification, suspension, or discontinuance of the Service.
You retain the right to terminate or cancel your membership at any time.
You may likewise cancel your membership or subscription to the Service, as a matter of right and as your only available remedy, in case of any disagreement or dispute with 4Timer such as, but not limited to those related to, or arising out of:
(a) the interpretation of the TOS or of 4Timer’s enforcement or application of the TOS;
(b) any policy or practice of 4Timer, including the those on privacy, as well as on their enforcement and/or application;
(c) data available through the Service;
(d) access and use the Service; or
(e) amount and nature of imposed fees, surcharges, applicable taxes, and any 4Timer billing methods.
4Timer retains its sole discretion to terminate your membership and remove and discard any of your Recommendations without prior notice and based on reasonable grounds, for suspected violations on your part or for acts inconsistent with the TOS. 4Timer assumes no liability to you for the termination of your membership to the Service.
Sections 5, 6, 7, 8, 12, 13, 14, 15, and 16 shall subsist and remain in force notwithstanding the termination of your membership or of the application of the TOS.
Links to External Websites
The Service may provide links to third party websites. However, 4Timer does not endorse these websites and assumes no warranty, liability and/or responsibility for their availability, content, goods, or services promised, offered or otherwise made available from these sites. 4Timer shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or arising from the use of or reliance on any content, goods, or services available through these third party websites.
DISCLAIMER OF WARRANTIES
THE SERVICE IS AVAILABLE FOR YOUR USE AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
4TIMER EXPRESSLY DISAVOWS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4TIMER ASSUMES NO WARRANTIES FOR THE ACCURACY AND TRUTHFULNESS OF MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE. THE DOWNLOAD AND USE OF THESE DATA SHALL BE AT YOUR OWN DISCRETION AND RISK. ANY DAMAGE, LOSS OF DATA OR ANY FORM OF INJURY RESULTING FROM YOUR USE OF THE SERVICE SHALL BE YOUR SOLE RESPONSIBILITY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4Timer OR THROUGH OR FROM THE SERVICE SHALL CONSTITUTE AS AN EXPRESS OR IMPLIED WARRANTY EXCEPT THOSE EXPRESSLY STATED IN THE TOS.
THE FOREGOING DOES NOT APPLY IN JURISDICTIONS PROHIBITING THE DISCLAIMER OF IMPLIED WARRANTIES. THIS WARRANTY HOWEVER IS APPLICABLE ONLY WHEN AND WHERE IT MAY BE AVAILABLE IN ADDITION TO OTHER SPECIFIC LEGAL RIGHTS THAT MAY BE AVAILABLE FROM STATE TO STATE.
LIMITATION OF LIABILITY
4TIMER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (NOTWITHSTANDING PRIOR ADVISE TO 4Timer OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL 4Timer’S TOTAL LIABILITY, IF ANY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER THEY ARE BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED:
(A) THE AMOUNT OF FEES PAID BY YOU TO 4Timer IN THE 12 MONTHS PRECEDING THE CAUSE OF ACTION THAT GAVE RISE TO LIABILITY, IF ANY, OR
(B) THE AMOUNT OF $100, WHICHEVER IS LOWER.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
4Timer, the 4Timer logo, and other logos, products and service names are trademarks of and belong exclusively to 4Timer. You may not display or use them in any manner or form without the express and prior consent of 4Timer.
Excluding any legal action instituted by 4Timer to collect fees, recover damages, or to secure an injunction order, 4Timer’s intellectual property rights or the Service, any other legal controversy or claim arising out of or relating to the Service, TOS or 4Timer’s intellectual property rights, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any compromise or settlement reached shall be final and immediately binding upon the parties herein.
Arbitration for any controversy or claim shall proceed independently and shall not be consolidated with any other arbitration proceedings relating to claims or controversies involving any other parties. The arbitration proceedings shall be exclusively conducted within Washington, DC, and judgment on the arbitration award may be entered with any court having jurisdiction. Either party herein may seek appropriate interim or preliminary relief from a court of competent jurisdiction in Washington, DC to protect his/its respective rights or property pending the completion of arbitration. Should either party herein file an action in contravention of this provision, the other party may recover attorney’s fees and costs not to exceed the amount of $1,000.00.
4Timer may communicate with you and provide notifications in accordance with the TOS through email, regular mail, or conspicuous notices and/or links of notices to you posted on the Service.
The TOS constitutes the all the terms agreed upon between you and 4Timer as to the use of the Service, and there can be, between the parties herein and their successors in interest, no evidence of such terms other than the contents of the TOS, superseding any prior agreements between you and 4Timer. However, additional terms and conditions may be imposed upon you should you use other 4Timer products or services.
The TOS, including the relationship between you and 4Timer, shall be governed exclusively by the laws of the State of Nevada notwithstanding its conflict of law provisions. You agree to voluntarily submit to the jurisdiction of the state and federal courts located in Washington, DC.
The failure of 4Timer to exercise or enforce any right or provision of the TOS shall not be construed as a waiver to exercise its right or enforce such provision. Any provision of the TOS declared to be invalid or unenforceable shall not affect or invalidate the remaining provisions of the TOS which shall remain in full force and effect.
Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action accrues; otherwise, the same shall be forever barred.