TMmail Use Agreement

AGREEMENT:  YOUR USE OF TMMAIL IS SUBJECT TO THE TERMS OF THIS LEGAL AND BINDING AGREEMENT BETWEEN YOU AND TIMEMAKER LLC, WHOSE PRINCIPAL PLACE OF BUSINESS IS AT 2110 DREW STREET, SUITE 200, CLEARWATER, FLORIDA 33765 UNITED STATES. YOU MUST AGREE TO THIS AGREEMENT BEFORE REGISTERING FOR OR USING YOUR TMMAIL ACCOUNT.  YOU MAY NOT USE TMMAIL IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

You can accept and agree to be bound by the terms of this Agreement by:

(A) clicking to accept or agree to the Agreement where this option is made available to you by TimeMaker;  or

(B) by actually using TMmail. In this case, you understand and agree that TimeMaker will treat your use of TMmail as acceptance of the Agreement from that point forward. 

You may not use TMmail if you are not of legal age to form a binding contract with TimeMaker. 

All use of TMmail is subject to the terms of this Agreement as may be amended from time to time.  TimeMaker may, in its sole discretion, modify or revise the terms and conditions set forth herein at any time, and you agree to be bound by such modifications or revisions. If you do not accept and agree to abide by this Agreement, you may not use TMmail.  Please visit this site periodically to review modified terms.

1.      TM Mail.  TMmail is an email application available to users of TimeMaker software. TMmail is provided on an AS IS and AS AVAILABLE basis. TimeMaker disclaims all responsibility and liability for the availability, timeliness, security or reliability of TMmail. TimeMaker also reserves the right to modify, suspend or discontinue making TMmail available to you or to users generally at TimeMaker’s sole discretion, with or without notice at any time and without any liability to you.  TimeMaker reserves the right to refuse TMmail to anyone at any time without notice for any reason.

You acknowledge and agree that if TimeMaker disables access to your account, you may be prevented from accessing your account details or any files or other content which is contained in your account.

You acknowledge and agree that while TimeMaker may not currently have set a fixed upper limit on the number of transmissions you may send or receive through TMmail or on the amount of storage space that can be used, such fixed upper limits may be set by TimeMaker at any time, at TimeMaker’s discretion.

The Software which you use may automatically download and install updates from time to time from TimeMaker. These updates are designed to improve, enhance and further develop your use of TMmail and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TimeMaker to deliver these to you) as part of your use of TMmail. 


2.      Use Policies. Your use of TMmail is subject to your acceptance of and compliance with the following restrictions: 

a.     TMmail may only be used in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

b.     TMmail may not be used to: 

1.      Upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by TimeMaker;

2.      Upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

3.      Commit any fraudulent or inappropriate purpose. 

4.      Generate or facilitate unsolicited commercial email ("spam"), including but not limited to sending email in violation of any anti-spam law; imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; data mining any web property (including TimeMaker) to find email addresses; sending unauthorized mail via open, third-party servers; sending emails to users who have requested to be removed from a mailing list; selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

5.      Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.

6.      Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.

7.      Conduct or forward pyramid schemes.

8.      Transmit content that may be harmful to minors.

9.      Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

10.  Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission.

11.  Use TMmail to violate the legal rights (such as rights of privacy and publicity) of others.

12.  Promote or encourage illegal or immoral activity.

13.  Interfere with other TMmail users' enjoyment of TMmail.

14.  Create multiple user accounts or create user accounts by automated means or under false or fraudulent pretenses.

15.  Use TMmail in connection with illegal peer-to-peer file sharing

c.      Violation of any of the foregoing may result in immediate termination of your use of TMmail with or without notice at any time and without any liability to you.  TimeMaker reserves the right, but shall have no obligation, to investigate your use of TMmail in order to determine whether a violation of any of the foregoing or a failure to comply with any applicable law, regulation, legal process or governmental request has occurred.

3.      Content. TimeMaker has no obligation to monitor third party content and shall have no liability for third party content (including, without limitation,  viruses or other disabling features).  TimeMaker reserves the right at all times to remove or refuse to distribute any content on TMmail, such as content which violates this Agreement. TimeMaker also reserves the right to access, read, preserve, and disclose any information it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of TimeMaker, its users and the public. TimeMaker will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

4.      Registration Information.  You must provide current, accurate identification, contact, and other information that may be required as part of the registration process prior to commencing and/or continuing use of TMmail.  You represent and warrant that (a) all of the information provided by you to TimeMaker in registering for and  using  TMmail is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

5.      Intellectual Property Rights. You acknowledge that TimeMaker owns all right, title and interest in and to TMmail, including without limitation all intellectual property rights and that such rights are protected by U.S. and international intellectual property laws. You may not copy, reproduce, alter, modify, or create derivative works from TMmail, or use any robot, spider, other automated device, or manual process to monitor or copy any content from TMmail. TimeMaker’s rights include all software associated with TMmail, including the TimeMaker software.  TimeMaker does not assert any rights to third party content appearing on or transmitted in connection with TMmail.

6.        Privacy. As a condition to using the TMmail, you agree to the terms of the TimeMaker Privacy Policy as it may be updated from time to time, and to the privacy practices specifically related to TMmail which are set forth below.

TimeMaker may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order).

Personal information

You need a TimeMaker Account to access TMmail. TimeMaker asks for some personal information when you create a TimeMaker Account, including your name, address, and a password, which is used to protect your account from unauthorized access.

TMmail stores, processes and maintains your messages, contact lists and other data related to your account in order to provide TMmail services to you.

When you use TMmail, TimeMaker's servers automatically record certain information about your use of TMmail, such as account activity, browser type, IP-address, date and time of access, etc).

Personal information collected by TimeMaker may be stored and processed in the United States or any other country in which TimeMaker or its agents maintain facilities. By using TMmail, you consent to any such transfer of information outside of your country.

Uses

TimeMaker maintains and processes your TMmail account and its contents to provide TMmail services to you and to improve our service. TMmail may include relevant advertising and related links related to your use of TMmail.

TimeMaker may send you information related to your TMmail account or other TimeMaker services.


Information sharing and onward transfer

When you send email, TimeMaker includes information such as your email address and the email itself as part of that email.

We may provide aggregated non-personal information to interested third parties.  TimeMaker will not sell, rent or otherwise share your personal information with any third parties except in the limited circumstances described in the TimeMaker Privacy Policy such as when we believe we are required to do so by law.


Change of Account Settings; Termination of Account  

You may change your TMmail account settings at TimeMaker Mail, located under Tools, User config.  You may organize or delete your messages through your TMmail account or terminate your account at TimeMaker Mail, located under Tools, User Config. Such deletions or terminations will take immediate effect in your account view. Residual copies of deleted messages and accounts may take up to 60 days to be deleted from our active servers and may remain in our offline backup systems. 


More information

For more information about our privacy practices, go to the full privacy policy. If you have additional questions, please contact us any time. Or write to us at:

TimeMaker, LLC - Privacy Officer
2110 Drew Street, Suite 200C

Clearwater, Florida 33765

Telephone: 727-461-9799

YOU AGREE TO THE USE OF YOUR DATA IN ACCORDANCE WITH TIMEMAKER’S PRIVACY POLICIES.

7.      Children’s Privacy.  Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this TMmail.

8.      Security.  You agree that you are responsible for maintaining the confidentiality of your account password and account, and you are responsible for all activities that occur using your account.  You agree that you will promptly notify TimeMaker of any breach of security related to your account at sales@timemaker.org, including but not limited to unauthorized use of your password or account.

9.      Account Inactivity.  TimeMaker reserves the right to disable or terminate a user's account after a period of inactivity.  If an account has been deactivated for inactivity, you will not have any right to the email address associated with that account, and your deactivated email address may be made available for use to another user without notice to you.

10.  Termination; Cancellation. You may cancel your use of TMmail and/or terminate this Agreement with or without cause at any time by providing notice to TimeMaker at sales@timemaker.org.  A terminated account may continue to exist for up to two business days before such cancellation takes effect. TimeMaker may at any time and for any reason terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. TimeMaker may, but shall not be obligated to notify you prior to termination of your account.  Upon termination, the Sections of this Agreement titled Content, Intellectual Property Rights, Privacy, Exclusion of Warranties, Limitation of Liability and Remedies, Indemnification,  Choice of Law; Jurisdiction and Severability shall survive termination.

11.  Exclusion of Warranties.  All use of TMmail is subject to the following exclusion of warranty provisions:

a.     NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT TIMEMAKER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

b.     YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF TMMAIL IS AT YOUR SOLE RISK AND THAT TMMAIL IS PROVIDED "AS IS" AND “AS AVAILABLE.”

c.      IN PARTICULAR, TIMEMAKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

1.      YOUR USE OF TMMAIL WILL MEET YOUR REQUIREMENTS,

2.      YOUR USE OF TMMAIL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

3.      ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF TMMAIL WILL BE ACCURATE OR RELIABLE, AND

4.      THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF YOUR USE OF TMMAIL WILL BE CORRECTED.

d.     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TMMAIL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

e.     NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIMEMAKER OR THROUGH OR FROM TMMAIL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

f.       TIMEMAKER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.  Limitation of Liability and Remedies.  SUBJECT TO OVERALL PROVISION IN THE SECTION TITLED EXCLUSION OF WARRANTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIMEMAKER, ITS SUBSIDIARIES, AFFILIATES AND  LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

a.     ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

b.     ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

1.      ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR THROUGH TMMAIL;

2.      ANY CHANGES WHICH TIMEMAKER MAY MAKE TO TMMAIL, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF TMMAIL SERVICE (OR ANY FEATURES WITHIN TMMAIL);

3.      THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF TMMAIL;

4.      YOUR FAILURE TO PROVIDE TIMEMAKER WITH ACCURATE ACCOUNT INFORMATION;

5.      YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

6.      THESE LIMITATIONS ARE A CRITICAL ELEMENT OF THE PARTIES’ BARGAINED-FOR CONSIDERATION AND WILL BE EFFECTIVE EVEN IN THE EVENT TIMEMAKER IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

13.  Indemnification. You agree to hold harmless and indemnify TimeMaker, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of TMmail, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

 

14.  Choice of Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence.  Any claims, legal proceeding or litigation arising in connection with  TMmail will be brought solely in Pinellas Counts, Florida, and you consent to the jurisdiction of such courts.

 

15.     Entire Agreement. These Terms and Conditions contain all the agreements, warranties, representations and understandings made between you and TimeMaker. Neither you nor TimeMaker will be liable for any agreements, warranties, representations or understandings not expressly set forth or referenced in this Agreement.  You acknowledge that TimeMaker refuses any different or additional provisions in any purchase orders, invoices or other document or communication, and any such refused provisions will be unenforceable.

 

16.  Severability. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of these Terms and Conditions. 

 

17.  Waivers.  You agree that if TimeMaker does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of TimeMaker’s rights and that those rights or remedies will still be available to TimeMaker.

 

18.  Changes in Agreement.  TIMEMAKER MAY CHANGE OUR POLICIES AND/OR THE TERMS OF THIS AGREEMENT AT ANY TIME.  IT IS YOUR RESPONSIBILITY TO KEEP UP-TO-DATE WITH AND ADHERE TO THE TERMS OF THIS AGREEMENT AS POSTED ON THE TIMEMAKER WEBSITE.  In the event of a change, TimeMaker may but shall have no obligation to provide you with notice of the change by email, regular mail or postings on our website.

YOUR USE OF TMMAIL IS SUBJECT TO THIS AGREEMENT. IF YOU ARE FOUND TO BE IN VIOLATION OF THE TERMS OF THIS AGREEMENT AT ANY TIME, AS DETERMINED BY TIMEMAKER IN ITS SOLE DISCRETION, WE MAY WARN YOU OR SUSPEND OR TERMINATE YOUR ACCOUNT WITHOUT LIABILITY TO YOU.