TERMS & CONDITIONS

(Last Modified: December 4, 2018)

INTRODUCTION

WELCOME! Please read these Terms and Conditions of use (“Terms of Use”) carefully before using desktop and mobile websites, mobile applications, digital content offerings, and any other CHRONOFY® digital services (collectively, the “Services”) available on the following website www.chronofy.com and/or its CHRONOFY mobile applications (hereinafter the “Website(s)”), including any content, functionality, and Services offered on or through the Website.  The Website is operated by Chronofy, LLC (“CHRONOFY”) and consists of information services and content provided by CHRONOFY, affiliates of CHRONOFY, and third parties. As used herein, “we,” “us,” “our,” “CHRONOFY,” or the “Company” shall refer collectively to CHRONOFY, CHRONOFY affiliates, and third parties.  CHRONOFY offers this Website, including all information, tools and services available from this Website, to you (“you”), the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.

THE TERMS OF USE ARE BINDING

By accessing and using the Website and any Services offered by CHRONOFY in connection therewith, you signify your acceptance of the  Terms of Use, including, without limitation, its dispute resolution provisions, the CHRONOFY  Privacy Policy,  all other applicable laws.  If you do not agree to these Terms of Service, you may not access the Website and/or use the Services.This Website offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use of the Services.  For example, purchasers, sellers, and dealers are subject to additional “Conditions of Sale” terms found here:  https://chronofy.com/disclaimer.  Certain portions of this Website may not be available to you unless you have registered.These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this page. Please check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to your use of the Services after such changes have been posted.You may not have more than one active account at a time. You are responsible for all use of your account (under any screen name or password) and for ensuring that all use of your account complies fully with the provisions of this Terms of Use. You shall be responsible for protecting the confidentiality of your password(s), if any.Additionally, you are prohibited from selling, trading, or otherwise transferring your CHRONOFY account to another party.  If you do not meet the foregoing eligibility requirements, you may not use the Website or Services.

CHANGES TO THE TERMS OF USE

CHRONOFY shall have the right, at any time and in its sole discretion, to change or modify the terms and conditions applicable to your use of the Services (including, but not limited to, these Terms of Service), or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means, including, but not limited to, posting within the Services, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, or additions. You are expected to check this page each time you access or use this Website or Services, so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

You are not permitted to use or access the Website or any of the Services if you are under the age of 18 or if your account has been suspended or removed by CHRONOFY for any reason.

We reserve the right to withdraw or amend this Website or any Services, to change or discontinue any aspect or feature of this Website and/or any Services, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS WEBSITE

This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We may modify the content of this Website from to time, in our sole discretion. You agree that it is your responsibility to monitor changes to the Website.

EQUIPMENT

You shall be responsible for obtaining and maintaining all telephone, computer hardware, iPads, tablets, mobile devices and other equipment needed for access to and use of the Website and/or Services and all charges related thereto.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

YOUR CONDUCT AND PROHIBITED USES

You represent and warrant that you will not use this Website for any unlawful purpose or in a manner that violates these Terms of Use, the Privacy Policy, and all other terms, conditions and notices identified herein.

You may not have more than one active account at a time. Additionally, you are prohibited from selling, trading, or otherwise transferring your CHRONOFY account to another party.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate CHRONOFY, a CHRONOFY employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm CHRONOFY or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

CONTENT STANDARDS

The term “Content” as used herein means any information, materials, postings, messages, data, information, text, files, images, photos, video, sounds, audiovisual works, expression, or other original works of authorship, and the selection, arrangement and coordination thereof posted on, transmitted through, and/or made available, directly or indirectly, through the Website.

We may review and delete any Content in our sole discretion including, without limitation, any content which violates these Terms of Use or any rule, regulation or law, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.  The following is a non-exhaustive list of the kind of Content that may be deleted, or deemed illegal or prohibited, and you agree not to post any content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images those not linked to or from another accessible page;
  • displays pornographic or sexually explicit material of any kind;
  • constitutes child pornography or displays acts of violence against minors;
  • provides instructional information about illegal activities;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • promotes commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
  • contains or comprises non-local or otherwise irrelevant Content, is repetitious to the same or similar Content already contained on the Website or otherwise imposes an unreasonable or disproportionately large load on our infrastructure.

We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content and terminating the membership of such violators.

Although the above-referenced content is strictly prohibited, there is a small chance that you might become exposed to such content and you further waive your right to any damages, losses or other costs from any party related to such exposure.

FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS; AND THIRD PARTY CONTENT

Certain of the content, features, links, and/or functionality on the Website may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions.  This includes links contained in advertisements, in banner advertisements and in sponsored links.   In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you may be subject to and comply with the terms of use offered by such Third Party Providers.  CHRONOFY does not control any Third Party Content and is not responsible for the accuracy or reliability of any opinion, advice, or statement constituting any Third Party Content. This Third Party Content is provided as a convenience to you and as an additional avenue of access to the information contained therein.

Further, the inclusion of Third Party Content on this Website does not imply any endorsement of Third Party Content by CHRONOFY and unless express disclosed, does not imply any sponsorship, affiliation, or association by CHRONOFY of any Third Party Providers.

YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT, THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS, AND/OR YOUR USE OF AND/OR ANY RELIANCE ON ANY THIRD PARTY CONTENT, AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR CONTENT OBTAINED THROUGH THE WEBSITE AND/OR SERVICES.

USE OF MATERIALS ON THIS WEBSITE

All Content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, compilation, magnetic translation, digital conversion, code and software, as well as the selection and arrangement thereof) (collectively “Content”), is the exclusive property of and owned by CHRONOFY, its licensors, and/or as applicable, Third Party Providers, and is protected by copyright, trademark, and/or other applicable proprietary or intellectual property laws. You may access, view, copy, download and print the Content contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Content on the Website, including but not limited to the copying, downloading, modification, distribution, transmission, performance, broadcast, publication, display, posting, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to CHRONOFY, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. CHRONOFY reserves the right to refuse or cancel any person’s registration for this Website, remove any person from this Website or prohibit any person from using this Website for any reason whatsoever.  CHRONOFY, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time in CHRONOFY’s sole discretion. CHRONOFY neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with CHRONOFY.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.  CHRONOFY reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which CHRONOFY may be entitled at law or in equity.

Permission is hereby granted to the extent necessary to lawfully access and use the Website and/or any associated Content solely as needed for you to access and/or use the Website in accordance with this Terms of Use.

DISCLAIMER

Information displayed on this Website including, without limitation, prices, appraisals, and/or other financial information, is for general informational purposes only and is not intended to be relied upon as professional or investment advice.  Before executing any transaction based upon information obtained through the Website, you should consult with a financial professional or engage in additional market research.  If applicable, location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.  Neither us, nor any Third Party Providers guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by the Website. It is your responsibility to evaluate or take professional advice on the accuracy and completeness of all information, statements, opinions and other material available through the Website.

CONTENT YOU SUBMIT THROUGH WEBSITE

The Website may contain message boards, chat rooms, personal web pages, or profiles, forums, bulletin boards and other interactive features (constitutes definition of “Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter “post”) content or materials (collectively ”Content”) on or through the Website.  All Content must comply with the Content Standards set out in these Terms of Use.   You acknowledge that you are responsible for any Content you submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through this Website any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”; and the burden of determining whether any of your Content falls within any of these categories rests solely on you. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You may not upload commercial content onto the Website.

If you do submit Content, such Content is considered non-confidential and non-proprietary, and unless we indicate otherwise, you grant CHRONOFY, its agents, affiliates, and subsidiaries (individually and/or collectively, “affiliates”) an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, publish, post, distribute, display, data process and/or otherwise use such Content in any media including, without limitation, on this Website and/or any social media platforms owned or controlled by CHRONOFY (“License”). You further agree that CHRONOFY is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to CHRONOFY. You grant CHRONOFY the right to use the name you submit in connection with such material, if we so choose. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision herein and will not cause injury to any person or entity.  You shall be solely liable for any damage resulting from any submission of Content that violates the rights of any third party.  You hereby release and hold harmless CHRONOFY, its parents, affiliates, subsidiaries, agents and advisors and their respective employees, partners, officers, directors, shareholders, contractors, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with their use of your Content and that you will indemnify CHRONOFY for all claims resulting from Content you supply.

To the extent that your Content contains your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein, your License includes CHRONOFY’s right, whether or not CHRONOFY exercises this right, to use your name, voice, or image, or any quotes attributable to you. We reserve the right not to use any Content. You waive all rights related to our use and release, discharge and hold harmless CHRONOFY, its officers, directors, employees, partners, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you.

COPYRIGHT INFRINGEMENT

If you believe that any Content posted on or through this Website in a way that constitutes copyright infringement, please provide us with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
  • Identification of the specific Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A notarized statement that the complaining party has a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send any such requests to CHRONOFY at the following address:

CHRONOFY

ATTN: LEGAL DEPARTMENT

166 E. LEVERING MILL ROAD

BALA CYNWYD, PA 19004

EMAIL: INFO@CHRONOFY.COM

CHRONOFY may update these addresses from time to time.

INTELLECTUAL PROPERTY

The Website and all of its Content, features, and functionality (including but not limited to all information, software, text, displays, images, videos, and the design, selection and arrangement thereof) are owned by CHRONOFY, its licensors, or third parties and used by CHRONOFY with authorization, and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.   These Terms of Use permit you to use the Website for your personal, non-commercial use only.

You may not reproduce, perform, display, distribute, create derivative works from, republish, upload, post, or transmit, any such copyrighted materials without our express, prior, written consent, or as otherwise provided herein or by applicable law.

You are hereby informed that CHRONOFY has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of CHRONOFY account holders who are repeat copyright infringers.

Trademarks

The trademarks, service marks, product names, logos, proprietary designs and/or other indicia (individually and/or collectively, the “Trademarks”) appearing on this Website are the registered and unregistered trademarks of CHRONOFY, its licensors, Content providers, Third Party Providers, or other third parties. All of these Trademarks are the property of their respective owners and are protected by federal and state law in the United States, and/or international laws, and may not be copied, used, reproduced, redistributed, advertised, published, posted, or imitated without the express, written permission of the owners. CHRONOFY’s Trademarks include, without limitation, the following: CHRONOFY.

Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on the Website, without the prior written permission of the Trademark owner. CHRONOFY aggressively enforces its intellectual property rights to the fullest extent of the law.

MONITORING AND ENFORCEMENT; TERMINATION

CHRONOFY shall have the right, but not the obligation to, monitor the Services, and shall have the right to:

  • Remove or refuse to post any Content for any or no reason in our sole discretion.
  • Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for CHRONOFY.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

CHRONOFY does not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

DATA PROTECTION CONSENT

By agreeing to this Terms of Use, you agree to the terms of our Privacy Policy which is available at https://chronofy.com/privacy-policy/, and which is hereby incorporated by reference. All personal data provided to us as a result of your use of the Website will be managed in accordance with our Privacy Policy and this Terms of Use.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmissionfor the purposes of quality control, security and other business needs.

TEXT MESSAGE CAMPAIGNS

If you opt in to one of our text messaging programs, you expressly consent to receive non-marketing and marketing text messages from CHRONOFY, and others texting on CHRONOFY’s behalf, including text messages made with an auto-dialer, at the telephone number(s) that you provide, subject to these SMS Terms & Conditions.

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from our text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access, and (ii) either a printer or storage space on such device.

  • Consistent with applicable law, appropriately aged visitors may from time to time have the opportunity to register for special programs, promotions, services, and information delivered via text messaging and/or wireless devices to users who expressly agree to receive such messages.
  • We will not charge you to create or deliver the text messages that are part of any of our text message programs unless otherwise noted at the point where you sign up for the program; however, depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Thus, your provider’s standard message and data rates may apply. Your consent to receive texts from us is not in any way required as a condition of purchasing property, goods or services from us.
  • To stop receiving text messages from a specific CHRONOFY text message program, simply text STOP to the short code provided by us in the text message program texts that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text. If you have signed up for more than one (1) of our text message programs you will need to text STOP to the short code provided in the texts for each text message program from which you wish to no longer receive texts.
  • To request more info, simply text HELP to the short code provided in the texts related the specific CHRONOFY text message program you have questions about.
  • The number of texts you receive from us may vary significantly, depending in part on the specific text message program you sign up for.
  • Content may not be available on all carriers and carrier participation could change. You may consult with your carrier to see if it participates. The content is not compatible with all cell phone models. We will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
  • By signing up for texts, you also agree to our Privacy Policy, which is incorporated by reference herein.

FORCE MAJEURE

CHRONOFY shall be excused from performance under this Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of CHRONOFY. In the event that CHRONOFY is temporarily unable to ship to you a purchased item because of such an event, CHRONOFY will make commercially reasonable efforts to give you the option of deferring shipment or receiving a refund of your charges.

ELECTRONIC COMMUNICATION

When you use the Website, Services, or send emails to CHRONOFY, you are communicating with CHRONOFY electronically. You consent to receive communications electronically from CHRONOFY. CHRONOFY will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

CHRONOFY’S EMPLOYMENT INFORMATION

CHRONOFY also may make employment information available through this Website. CHRONOFY is an equal opportunity employer. CHRONOFY provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. CHRONOFY’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

NO WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE CONTENT AVAILABLE THEREFROM INCLUDING, BUT NOT LIMITED TO, ESTIMATED MARKET PRICES, AND/OR ANY PRICING QUOTES, WHICH ARE PROVIDED FOR USE WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OR WHETHER ARISING OUT OF CUSTOM OR USAGE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, PERFORMANCE, SECURITY, REASONABLE SKILL AND CARE, OUTCOME, RESULTS, INTEGRATION, MERCHANTABILITY, AND QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, SERVICES, CONTENT, ANY THIRD PARTY CONTENT, AND ALL MATERIALS ASSOCIATED WITH THE FOREGOING.

WE DO NOT WARRANT THAT THE WEBSITE, SERVICES, OR ANY CONTENT ASSOCIATED THEREWITH WILL BE FREE OF ANY HARMFUL COMPONENTS INCLUDING VIRUSES OR DEFECTS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THE WEBSITE, SERVICES, OR ANY CONTENT AVAILABLE THEREFROM INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED MARKET PRICES AND QUOTES, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING INFORMATION AND DATA SUBMITTED TO YOU IN CONNECTION WITH A QUOTE OR ESTIMATED MARKET PRICE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR SYSTEMS AND DEVICES AND ARE RESPONSIBLE FOR THE COSTS OF ANY SERVICES, REPAIRS OR CONNECTIONS WHICH MAY BE NECESSARY OR ADVISABLE AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, AND/OR CONTENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CHRONOFY, ON BEHALF OF OUR EMPLOYEES, PARTNERS, AGENTS, DIRECTORS, SHAREHOLDERS, AND/OR CONTRACTORS, EXPRESSLY EXCLUDE AND DISCLAIM LIABILITY FOR ANY AND ALL LOSSES, DAMAGES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE UPON THE ESTIMATED MARKET PRICES OR ANY QUOTES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF CHRONOFY OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

In no event shall our total liability to you for all damages, costs and fees other than as may be required by applicable law in cases involving personal injury exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CHRONOFY, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use,  your use of the Website or Services, your submission of Content, or any other use other than as expressly authorized in these Terms of Use.

ARBITRATION; CLASS ACTIONS

At CHRONOFY’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

We and you agree that we and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Services will be brought in an individual capacity. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Services.You hereby further agree to waive any class action proceeding or counterclaim against CHRONOFY, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Terms of Use, the performance of either party, and/or your purchase of any Services.

GENERAL TERMS

Geographic Restrictions

The Services are controlled and operated by us from our offices within the United States. The Services are intended for residents of the United States unless otherwise noted. Residents of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Entire Understanding

This Terms of Use together with our Privacy Policy, which is expressly incorporated herein contain the entire understanding between you and us with respect to use of the Website and Services and no representation, statement, inducement oral or written, not contained herein shall bind any party.

Injunctive Relief

Your obligations under this Terms of Use are of a special and unique character for which CHRONOFY cannot be reasonably or adequately compensated in damages in the event you breach your obligations hereunder. Therefore, CHRONOFY shall, in addition to all other remedies which may be available, be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of your obligations under this Terms of Use.

Modification

We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Website or the Services or any portion thereof and/or the information, materials, Content available therefrom or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any such action.

Severability / Non-Waiver

Our failure to enforce any provision of this Terms of Use shall not be deemed a waiver of such provision, nor of the right to enforce such provision, and a waiver by us of any right under this Terms of Use will not, in any way, constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of the Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and effect of the invalid provision.

Governing Law / Jurisdiction

This Terms of Use shall be subject to, governed by and construed under the laws of the State of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, the Website, Services or Content available therefrom may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of any and all countries or jurisdictions.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of Pennsylvania and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contact Information

Under California Civil Code § 1789.3, California users are entitled to the name, address and telephone number of the service provider. Accordingly, please note the following information:

 

CHRONOFY

ATTN: LEGAL DEPARTMENT

166 E. LEVERING MILL ROAD

BALA CYNWYD, PA 19004

EMAIL: INFO@CHRONOFY.COM

 

To resolve a complaint concerning the Website, feel free to contact us via this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs can be reached at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834 916 445-1254 800 952-5310.

 

THANK YOU FOR VISITING OUR WEBSITE!