Effective Date: March 3, 2014
1. Our Services. MyTime's proprietary platform allows merchants and service providers (collectively, "Merchants") to sell their services to consumers through MyTime and MyTime's affiliates. The services will be sold at a price the merchant determines, and at their discretion, merchants may choose to let MyTime discount the price of their services during certain off-peak time slots they would like to fill (collectively, the "Services"). Consumers interested in these services may purchase and/or book appointments through our Website or mobile applications. Sometimes it is possible to realize great savings off a merchant's usual list price by booking one of the available off-peak time slots on our Site.
2. Permitted Uses. The Site provides an interactive online service operated by Melian Labs consisting primarily of e-commerce transaction, appointment booking, promotion and marketing services on behalf of certain Merchants making Merchant goods and services ("vouchers") available to its users at certain dates and times. Vouchers may be purchased by MyTime account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. Vouchers may be, at MyTime's discretion, either in printable form or electronic confirmation of bookings of appointments for services and goods offered by Merchants. As a condition of your use of this Site, you agree that:
2.1 You are an individual person at least 18 years of age;
2.2 You possess the authority to create a binding legal obligation;
2.3 Your use of this Site will at all times comply with the terms of this Agreement;
2.4 If you elect to create an account:
(a) You may create only one account for your personal use;
(b) You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
(c) You may only make purchases or appointment bookings on the Site for your own use and enjoyment, or, when offered, as a gift for another; and
(d) You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
2.5 You represent that you are the authorized owner and signatory of any PayPal and/or credit or charge card provided to us to pay the Fees (as defined herein); and
2.6 You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.
3. Availability of the Site.
3.1 You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. MyTime retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
3.2 We reserve complete and sole discretion with respect to the operation of Website. We may, among other things:
(a) Delete email or private messages if it has not been accessed by an End User within the time established by our policies;
(b) Make available to third parties information relating to Website and End Users (subject to our Privacy Statement);
(c) Withdraw, suspend or discontinue any functionality or feature of Website
(d) Review uploaded files, conferences, BBSs, forums, chats and User Submissions and authorize restrictions on access thereto.
4. Ownership of the Site. Your access to the Service is licensed and not sold. The content and information on the Site and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of Melian Labs and its licensors and our Merchants and other partners. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights and you agree not to modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
5. Transmission of Information. Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with MyTime and the Site while it is being transmitted. In addition, MyTime is not responsible for any data lost during transmission.
6.1 Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your MyTime account or in order to create multiple MyTime accounts;
6.2 Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
6.3 Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
6.4 Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by MyTime;
6.5 Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
6.6 Disseminating or transmitting material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
6.7 Disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
6.8 Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with MyTime;
6.9 Reselling or repurposing your access to the Site or any purchases made through the Site;
6.10 Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of MyTime to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with MyTime, including without limitation, aggregating current or previously offered service offerings;
6.11 Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
6.12 Exceeding or attempting to exceed quantity limits when purchasing vouchers or otherwise using any MyTime account to purchase vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
6.13 Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
6.14 Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
6.15 Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
6.16 Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
6.17 Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
6.18 Acting illegally or maliciously against the business interests or reputation of MyTime, our Merchants or our services;
6.19 Hyperlinking to the Site from any other website without our initial and ongoing consent; or
6.20 Engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
7. Creating an Account on our Site. If you create an account on our Site, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your MyTime account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
7.1 By creating an account as either an end-user or merchant on our site, you agree to receive communications from or on behalf of MyTime. These communications may include reminders and marketing about MyTime services and may be sent as email messages, text messages, and phone calls that may be sent using an automatic telephone dialing system. Consent to receive these communications is not required as a condition for the use of MyTime services, and may be modified at any time.
8. Information on the Site. We do not control the information provided by End Users and Merchants. You may find other End Users' and Merchants' information to be inaccurate, harmful or offensive. By using the Services you assume all of the risks associated with the use of the Site and the Merchants and you agree to accept such risks and agree that MyTime is not responsible for the acts or omissions of any End User or Merchant. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials.
9. Terms of Sale.
9.1 General. By purchasing, printing, accepting, using or attempting to use any voucher, you agree to the terms of this Agreement and these Terms of Sale, specifically ("rules") the terms on the voucher itself and any additional, service offering specific terms advertising the voucher at the time of purchase (collectively, the "fine print" regardless of how labeled). Fine print includes, but is not limited to, the expiration date, price, discount, and all limitations. Specific state redemption expiration requirements are solely the responsibility of the Merchant. These rules apply to all promotional vouchers that we make available, unless a particular voucher's fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher's fine print, the voucher's fine print will control; provided, however, that in the event that there is a conflict between an applicable state law and such rules and/or voucher's fine print, such applicable state law shall prevail. If you have a question or need a refund pursuant to these Terms of Sale, please contact us by email at support [at] MyTime.com.
9.2 Credit Card Charges. MyTime may charge a user's credit card forconfirmed bookings of services purchased through the MyTime Site from between 1 day prior to the appointment up to 7 days following the appointment, at MyTime's discretion.
(a) Vouchers you purchase through our Site as a MyTime account holder are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of vouchers is prohibited. Some vouchers are only redeemable at a certain date and time, known as the "Appointment Time".
(b) MyTime is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. At times, you may purchase discounted Vouchers ("Discounted Vouchers") during times specified by a Merchant for a specific Appointment Time or you may purchase full priced Vouchers ("Full Priced Vouchers") for products or services at non-discounted times. Discounted Vouchers are redeemable only on, and will expire on, the expiration of the specified Appointment Time. You understand and agree that Discounted Vouchers that are not redeemed by their specific Appointment Time for any reason (excluding the cancellation of such voucher pursuant to Section C below) are forfeited and no refund of such Discounted Voucher will be issued. You must contact the Merchant directly with any questions regarding the expiration of a Discounted Voucher. Full Priced Vouchers expire on the date as stated on such voucher.
9.4 Bundles and Packages. Merchants may make bundles or packages available in which Users can purchase multiple services or sessions in a single transaction. Purchases may be cancelled up to the "Cancellation Period" (the advance notice prior to the scheduled appointment time required to effect an appointment cancellation) of the first appointment takes place. All sessions of the Service must be booked through the MyTime site or mobile app.
9.5 Gift Cards. MyTime may sell gift cards for a merchant's services. MyTime will hold the cash for these purchases in reserve. Gift cards may be returned to MyTime for a full refund by emailing support [at] mytime.com. If a Merchant goes out of business or is otherwise unable to provide the service, MyTime will provide a full refund to the User.
9.6 Cancellation and Refund Policy.
(a) If you wish to cancel an Appointment Time, you must do so by using the appointment cancellation feature on the site or in writing by emailing MyTime at support [at] MyTime.com at prior to the Cancellation Period for such Appointment Time. You understand and agree that should you cancel your Appointment Time after the Cancellation Period or if you do not show up for your Appointment Time, you will lose the full value of the voucher for the Merchant goods or services to be received. If you accept any Merchant offer or voucher that has an Appointment Time after the Cancellation Period has passed, you acknowledge and agree that the purchase price for such voucher is non-refundable.
(b) A full refund will be issued to you upon either of two events: if you cancel an Appointment Time before the Cancellation Period, or (b) if the Merchant cancels your Appointment Time or if the Merchant refuses to honor any voucher at the date and time stated on the voucher. If you wish to make a request for a refund, any such request for refund must be made prior to the expiration of the Cancellation Period for the Appointment Time. For each valid refund request, MyTime will refund the amount paid upon request in the original form of payment, or will credit the MyTime account of the purchaser with an equivalent value in MyTime "Credits" for future purchases on the Site. MyTime Credits do not expire.
9.7 Limitation of Liability.
(a) Merchant's Liability. You understand and agree that the merchant listed as the provider of the products or service specified in a voucher is (a) the issuer of the voucher and is solely responsible for redeeming the voucher; (b) fully responsible for all products and services it provides to you, and (c) liable for all damages or losses arising out of the goods or services provided.
(b) MyTime's Liability. You further acknowledge and agree that MyTime is not responsible for (a) any price adjustments made by a merchant related to a voucher, appointment time or a merchant product or service, and (c) any claims for injuries, illnesses, damages, liabilities and costs ("Liabilities") that you may suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not.
(c) General Limitation of Liability. To the fullest extent permitted by law, you agree to and hereby waive and release MyTime and its parent company, subsidiaries, affiliates partners, officers, directors, staff members, stockholders and agents from any liabilities arising from or related to (a) any act or omission of a merchant in connection with your use of a voucher or the services or goods a merchant provides, including a merchant's failure to comply with applicable law and/or failure to abide by the terms of a voucher, and/or (b) any product or service of a merchant, any action or inaction by a merchant and/or (c) any indirect, special, punitive, consequential, (including, lost profits or lost data collected through the services), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if MyTime has been advised of the possibility of such damages. In no event will MyTime's liability arising out of or related to this agreement exceed the amounts paid by you during the six months preceding the bringing of any claim, or five hundred dollars, whichever is less.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYTIME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. MyTime Service Guarantee. For select merchants, MyTime stands behind every service you book on our Website with a service guarantee ("Service Guarantee"). Merchants backed by the Service Guarantee will be designated by a 'MyTime Promise' seal on their profile page. If you're not happy with the service you received from a Merchant backed by the Service Guarantee that you booked on MyTime, MyTime will reimburse the amount you paid through MyTime for the service (see below for additional terms). To request a reimbursement, please contact MyTime either at support [at] MyTime.com or at (888) 423-1944. Your request must include your name, Appointment Time, name of the Merchant, and the reason you were not satisfied with the services. This Service Guarantee is subject to the following limitations:
10.1 The Service Guarantee does not apply to any Appointment Time in which you do not show up. Please see MyTime's "Cancellation and Refund Policy" regarding missed Appointment Times;
10.2 The Service Guarantee applies only to amounts you actually paid (either by cash or credit card) for a Voucher through MyTime;
10.3 The Service Guarantee is limited to a reimbursement of up to an aggregate of $1,000.00;
10.4 The Service Guarantee does not apply to any free credits used to purchase a Voucher, and, in lieu of reimbursement, MyTime will credit your account with the same number of free credits you applied to purchase such Voucher; and
10.5 However, MyTime reserves the right to modify, suspend or terminate this Service Guarantee, in whole or in part, at any time for claims which MyTime deems spurious at MyTime’s sole discretion.
10.6 Void where prohibited by law. MyTime intends to honor this Service Guarantee for legitimate service lapses during delivery of services purchased through our Website. However, MyTime reserves the right to modify, suspend or terminate this Service Guarantee, in whole or in part, at any time for claims which MyTime deems spurious.
11. Links to Third Party Sites. We don't have control over websites that MyTime may link to. MyTime may contain links to third party websites that are not owned, operated, or controlled by MyTime. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using MyTime you expressly relieve us from any and all liability arising from your use of any third party website.
12. Intellectual Property.
(a) Everything located on or in this Site is the exclusive property of MyTime or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this Site or Microsites without the express written permission of MyTime is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
(b) This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. MyTime owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MyTime or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(c) MyTime is a trademark of Melian Labs, Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with MyTime shall not be deemed to be in the public domain but rather the exclusive property of MyTime, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of MyTime unless otherwise stated.
(d) You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. MyTime does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted MyTime the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant MyTime the right to edit, copy, publish and distribute any material that you make available on this Site.
12.2 Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures. MyTime reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide MyTime with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
(b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work;
(c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
(d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
(e) Contact information for MyTime's DMCA Agent for notice of claims of copyright infringement is: Melian Labs Inc, Attention: DMCA Agent, 1256 Folsom Street, San Francisco, CA 94103, support [at] MyTime.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying MyTime and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with MyTime's rights and obligations under the DMCA, including 17 U.S.C. ß512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, MyTime has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. MyTime may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. Disclaimer of Warranty.
13.1 You expressly agree that use of this Site is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither MyTime, its subsidiaries, affiliates or any of their respective staff members, agents, merchants, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the Site will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information, service, or vouchers provided through this site. The Site is made accessible on an "as is" and "as available" basis. MyTime hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title noninfringement, merchantability, and fitness for a particular purpose.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
MYTIME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MYTIME SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MYTIME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13.2 The information presented or contained in the Site or provided through the service is presented for informational purposes only. No information, whether oral or written, obtained by an end user from a merchant, a merchant from an end user, or from the services will create any warranty not expressly stated in this agreement.
13.3 Each end user hereby agrees and understands that:
(a) MyTime does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of any interest in any voucher;
(b) Information about a particular voucher is provided directly by the merchant and not by MyTime and MyTime does not engage in reviewing information contained within a voucher in any manner;
(c) The decision to buy a voucher is entirely in the end user's discretion and MyTime does not induce or attempt to induce any end user to purchase any voucher;
(d) The prices listed by any merchant on the Site for a voucher may often exclude sales tax or gratuity which may be added to the final sale price at the time the voucher is redeemed; and
(e) MyTime does not guarantee any price, service, or product offered by a merchant.
13.4 The Site is controlled and offered by MyTime from its facilities in the United States of America. MyTime makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Arbitration. We will make every reasonable effort to resolve any disagreements that you have with MyTime. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against MyTime arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that:
14.1 The arbitration shall be held in San Francisco, California or at such other location as may be mutually agreed upon by you and MyTime;
14.2 The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
14.3 There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or MyTime's individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
14.4 In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MyTime will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
14.5 With the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor MyTime shall be entitled to arbitrate their dispute.
15. End User Communications. MyTime in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms, reviews, or other communication facilities that may be offered on or through the Site from time to time (collectively "Communities"). MyTime shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by MyTime, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MyTime shall have the right, but not the obligation, to remove any material from the Communities that MyTime, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of MyTime.
16. Websites of Others. The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk and you understand that this Agreement and MyTime's Privacy Statement do not apply to your use of such websites.
17. Public Nature of Your Statements. You understand and agree that all Statements, any comments or reviews you post on the Site, and any information contained in a Merchant's information profile are public and not private. Any other person (whether or not a user of MyTime's services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. MyTime does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any Statements you post to our Site are not confidential. By placing any information or other material in Communities (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to MyTime a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Communities alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.
18. Feedback. You may choose to or we may invite you to submit comments or ideas about the Service or the Site, including without limitation about how to improve the Service, the Site or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MyTime under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MyTime does not waive any rights to use similar or related ideas previously known to MyTime, or developed by its staff members, or obtained from sources other than you.
19. License Grant. By posting Statements or other information on or through the Communities, you grant MyTime a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
20. Indemnity. You agree to defend, indemnify and hold harmless MyTime and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.
23. Additional Disclosures.
23.1 No waiver by either you or MyTime of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
23.2 If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
24.1 Reservation of Rights. The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rights.
24.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
24.3 Assignability. This Agreement, and any rights and licenses granted hereunder, are not assignable, transferable or sublicensable by you except with MyTime's prior written consent, but may be assigned by MyTime without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
24.4 Merger. Both parties agree that this Agreement, along with MyTime's Privacy Statement, Merchant Agreement (in the event you are also a Merchant) and any other legal notices published by MyTime on the Site, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by MyTime, except as otherwise provided herein.
24.5 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MyTime in any respect whatsoever.
24.6 Causes of Action. Any cause of action or claim you may have with respect to MyTime must be commenced within one (1) year after the claim or cause of action arises. If any action in law or in equity is necessary to enforce the terms of this Agreement, and/or MyTime's Privacy Statement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
BY ACCESSING THE SITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY MYTIME SERVICE OFFERED THROUGH THE SITE.