1 General

1. By using any of the fundSchedule products, software, or services available at *.fundSchedule.com (collectively referred to as "Services") provided by fundSchedule, you agree to be bound by the following terms and conditions ("Terms of Service").
2. fundSchedule reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: http://fundSchedule.com/tos.shtml
3. The failure of fundSchedule to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
4. You agree that fundSchedule owns all legal rights in the Service. You must not remove, modify or obscure any legal notices. You are not entitled to use fundSchedule's trademarks (especially fundSchedule), trade names, brands, domain names, or other distinctive brand features.
5. Violation of any of the terms below can result in the termination of your account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
6. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
7. These Terms of Service constitute the entire agreement between you and fundSchedule and replace all previous agreements under this title. There are no verbal subsidiary agreements.
8. These Terms of Service, and your relationship with fundSchedule under these Terms of Service, shall be governed by the laws of the United States of America. You and fundSchedule agree to submit to the exclusive jurisdiction of the courts located in Illinois, United States of America, to resolve any legal matter arising from the Terms of Service.

2 Provision of Services

1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
2. fundSchedule does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
3. You understand and agree that fundSchedule shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which fundSchedule may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
4. You understand that fundSchedule can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
5. fundSchedule may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at fundSchedule's sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.

3 Use of the Services by you

1. You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. For use of services, fundSchedule may require you to register for an account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password. Accounts registered by bots or other automated methods are not permitted.
3. For certain services, fundSchedule may offer to upload a profile photo. You are responsible to not upload an abusive photo, to not infringe on any copyrights or trademarks, and to not use a design which other fundSchedule users may deem offensive.
4. For certain services, fundSchedule may offer to define a personal URL (web address). You understand that fundSchedule can rename or reject your personal URL, e.g., if you intentionally or unintentionally interfere with a trademark owner or because your personal URL is deemed offensive.
5. You agree that you will not impersonate another person.
6. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
7. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by fundSchedule.
8. You agree that you are solely responsible for (and that fundSchedule has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which fundSchedule may suffer) of any such breach.
9. You agree to fundSchedule's privacy policy, as available at http://fundSchedule.com/privacy.shtml.
10. fundSchedule reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or account from any of the Services at fundSchedule's sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

4 Subscription Account Terms

Any use of any of our subscription offerings is bound by the terms of this agreement plus the following specific terms:

1. fundSchedule subscriptions are billed in advance and are non-refundable. There will be no refunds also in the following explicit cases: unavailability of services, downgrade, unused services, or when the functionality of services is changed.
2. Abuse or excessively frequent requests via a subscription account may result in the temporary or permanent suspension of the account. fundSchedule determines abuse or excessive usage at its sole discretion.
3. You select the number of users authorized to use your subscription. A user in this context is a user that is allowed access the subscription account. A user is identified by his e-mail address. If a person uses several different e-mail addresses to access the subscription account, then each unique e-mail address will count as a separate user. You are responsible to ensure that the maximum user number for your subscription is not exceeded and that, if the maximum user number is exceeded, you upgrade to a higher subscription.
4. You define a name for your fundSchedule subscription site. You understand that fundSchedule can rename your account at any time, for any reason, with or without notice, e.g., if you intentionally or unintentionally interfere with a trademark owner.
5. fundSchedule allows you to adjust the design of your subscription site. You are responsible to not use an abusive design, to not infringe on any copyrights or trademarks, and to not use a design which other fundSchedule users may deem offensive.
6. fundSchedule reserves the right to temporarily or permanently suspend an account immediately if any of these terms are violated. fundSchedule determines violation at its sole discretion. If an account is to be suspended, fundSchedule may make a reasonable attempt by e-mail to warn the account owner prior to suspension.
7. All communication will be directed to the e-mail address associated with that subscription account. You are responsible to keep your subscription account information up-to-date.

5 Modifications to the Prices

1. Prices of all Services are subject to change. If they change, the changes do not affect prepaid service periods, but will take effect only for any subsequent subscription renewal period.
2. Any recurring subscription will automatically renew at the current price. It is your responsibility to review your bill, and to provide a minimum of 30 days notice to cancel your subscription renewal, should you wish to do so.
3. fundSchedule is not liable to you or to any third party for any price change.

 

August 4, 2016