TELEPHONE TIMESHEETS USER TERMS

Last Modified: June 19, 2023

1. Your Acceptance

Welcome to the Telephone Timesheets User Terms. This is an agreement (“Agreement”) between Self Service Technology, LLC dba Telephone Timesheets (“Telephone Timesheets”), the owner and operator of www.telephonetimesheets.com, the Telephone Timesheets software, mobile applications, components, and the Telephone Timesheets Services (defined below) (collectively the “Platform”) and you (“you”, “your”, “User”), a User of the Platform.   Any User that subscribes or pays to access the Platform or has a master account registered with us shall be referred to within this Agreement as a “Subscriber”.  If you are a Subscriber, in addition to this Agreement you must agree to the Additional Terms for Subscribers (“Additional Terms”) which are incorporated into this Agreement by reference.PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  Throughout this Agreement, the words “Telephone Timesheets”, “us”, “we”, and “our” refer to our company, Telephone Timesheets, as is appropriate in the context of the use of the words.

By clicking “Continue” or “I Agree” (or a similar button or link), subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes, please cease using our Platform immediately.

2. Accounts

Users may be required to register prior to using or accessing the Platform.    During registration, please verify that you have created the proper account.  Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful, up-to-date, and accurate information when registering for our Platform.  We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify Telephone Timesheets immediately of any unauthorized use of your account or any other breach of security. Telephone Timesheets will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.  If you are a Subscriber, you are liable for any of your Authorized User’s (as defined within the Additional Terms for Subscribers) accounts.

3. Age Limits

Users must be over the age of 13 to create an account and use the Platform.

4. Access

Upon accepted registration, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement.  Such access is granted on a limited, non-transferable, and non-exclusive basis.  All rights not explicitly granted are reserved for Telephone Timesheets.   If you breach this Agreement, your access to use our Platform may be terminated at our discretion.  Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights.  Failure by us to revoke your access does not act as a waiver of your conduct

5. Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Telephone Timesheets and/or Telephone Timesheets’ licensors and that Telephone Timesheets and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Telephone Timesheets.  You shall not sell, copy, reproduce, transfer, publish, disclose, display, or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Telephone Timesheets to others in violation of this Agreement.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Telephone Timesheets.

6. Platform and Services

The Telephone Timesheets Platform may offer services (“Telephone Timesheets Services”) as made available by us. Telephone Timesheets Services may include but are not limited to tracking and scheduling employees or contractors, and administrative and communications tools for businesses. You may use the Platform and any associated Telephone Timesheets Services solely as permitted by Telephone Timesheets. Please be aware that any Telephone Timesheets Services are “as-is” and “as-available” and are not error free. We reserve the right to alter, modify, update, or remove the Platform or any Telephone Timesheets Services, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Telephone Timesheets Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.

7. Equipment

In order to access the Platform, you may be required to purchase “Equipment” such as a computer or other mobile device.   You are solely responsible for purchasing and properly connecting such Equipment to access the Platform.  Please be aware that standard data, calling, and message rates apply.  Please consult your communications provider for a full list of fees and charges. Telephone Timesheets shall not be liable to you for any failure or issue related to any Equipment you may use to interact with the Platform.

8. Communications

You represent, warrant, and agree to abide by all relevant laws including but not limited to the Telephone Consumer Protection Act 47 USC § 227 (“TCPA”) and the Controlling the Assault of Non-Solicited Pornography And Marketing of 2003 (“Can-Spam”) when using the Platform to send communications.  You shall solely send communications that are considered informational or for business purposes only.  As required by Can-Spam and TCPA you agree to do the following: (i) maintain opt out lists and remove users who do not wish to receive further communications; (ii) collect opt ins and consents where required; and (iii) promptly respond to any complaints regarding TCPA or Can-Spam by users of the Platform.  Where we believe in our discretion that you have not complied with this Section, we may suspend your access to the Platform or your ability to send communications immediately or at any time.  You shall fully indemnify and hold harmless Telephone Timesheets for all claims related to TCPA and Can-Spam whether made by a third party or us.

9. Reports Generated

Telephone Timesheets is not responsible for any information or reports generated via the Platform.  User understands and agrees that all reports generated by the Platform are dependent on the information contained in any User Content submitted by you and you are solely responsible for that information.  THE USER AGREES TO HOLD TELEPHONE TIMESHEETS FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR REPORTS GENERATED. TELEPHONE TIMESHEETS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.  Telephone Timesheets does not warrant any results, guarantee, endorse, or recommend any portion of the Platform including any Telephone Timesheets Services and use of the Platform is at your own risk.

10. User Privacy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

• You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping” or unauthorized use of the Telephone Timesheets API;
• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform or otherwise compromise the Platform using viruses, worms, or other hacking methods;
• You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
• You may not use automated bots or other software to send more messages through our Platform than humanly possible;

• You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform in an unlawful manner;
  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
  • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
  • You may not violate any requirements, procedures, policies, or regulations of networks connected to Telephone Timesheets;
• You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
  • You may not interfere with or disrupt the Platform;
  • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
  • You agree that you will not hold Telephone Timesheets responsible for your use of our Platform; and
  • You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Telephone Timesheets reserves the right to suspend or terminate any account at any time without notice or explanation.

12. User Content

A Users ability to submit or transmit any information through the Platform including but not limited to account information, logins, data, passwords, information, written content, images, videos, audio recordings, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  We may provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal, and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant Telephone Timesheets, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement.  Please be aware that User Content may be shared with third parties. Telephone Timesheets has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform.  Specifically, Telephone Timesheets shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

13. Monitoring User Content

Telephone Timesheets shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Telephone Timesheets shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.

14. Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered Telephone Timesheets Services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available.  We reserve the right to refuse service to the Platform or to terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

15. Intellectual Property

The name “Telephone Timesheets” along with the design of the Telephone Timesheets Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by, or licensed to Telephone Timesheets, subject to copyright and other intellectual property rights under United States’ and foreign laws and international conventions. Telephone Timesheets reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.

16. Idea Submission

Telephone Timesheets or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Telephone Timesheets. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Telephone Timesheets’ products might seem similar to ideas you submitted to Telephone Timesheets. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Telephone Timesheets, without any compensation to you; (2) Telephone Timesheets may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Telephone Timesheets to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

17. Third Party Software and Content

Telephone Timesheets does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise.  If you use or access any Third Party Content, you do so at your own risk. We recommend that you independently evaluate Third Party Content, and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content.  Further, Telephone Timesheets assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content. Telephone Timesheets does not endorse, recommend, verify, or warrant any Third Party Content or any third parties encountered on the Platform.

Through the Platform User may connect to third party software, application plugins, services, or websites (collectively “Third Party Software(s)”). Where a Third Party Software is made available through the Platform, Telephone Timesheets does not warrant or endorse any such Third Party Software.  User uses any Third Party Software solely at their own risk. All such Third Party Software are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Software. Any issues with the transmission, processing, or storage of any User Content by any Third Party Software is solely to be resolved by and between you and any entity owning such Third Party Software.   Telephone Timesheets will not be responsible for any connectivity issues including any Connections related to any Third Party Software and the Platform.  User’s access to any Third Party Software is subject to the terms and conditions of the owner of such Third Party Software and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Software.

18. Pricing

The pricing for any Telephone Timesheets Services or purchases is stated within the Platform.  We reserve the right to increase or modify the pricing on our Platform at any time and at our discretion and we have no obligation to offer any Telephone Timesheets Services at prices previously offered. We may, at any time change, modify or eliminate purchases with or without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Telephone Timesheets Services offered.  Occasionally there may be pricing errors on the Platform. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update such information as required without notice.

19. Export Controls

You represent and warrant that: (1) you are not located in a country that is subject to a U.S., E.U., or U.K. government embargo, that has been designated by the U.S. government as a “terrorist supporting” country, or listed within a “Do Not Export” list; and (2) you are not listed on any U.S. government list of prohibited or restricted parties;

20. Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TELEPHONE TIMESHEETS, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY TELEPHONE TIMESHEETS SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TELEPHONE TIMESHEETS, OR VIA THE PLATFORM. THE PLATFORM CANNOT GUARANTEE THAT ANY ACTIONS YOU UNDERTAKE WHILE USING THE PLATFORM WILL BE COMPLETED OR WILL BE COMPLETELY ERROR FREE.  YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING ANY ACTIONS REQUESTED ARE COMPLETED AS DESIRED BY YOU.

IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. TELEPHONE TIMESHEETS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. TELEPHONE TIMESHEETS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY TELEPHONE TIMESHEETS CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. TELEPHONE TIMESHEETS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TELEPHONE TIMESHEETS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TELEPHONE TIMESHEETS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

21. Limitation of Liability

BY ACCESSING AND/OR UTILIZING THE TELEPHONE TIMESHEETS PLATFORM AND/OR THE TELEPHONE TIMESHEETS SERVICES, AND/OR BY REGISTERING AN ACCOUNT, YOU FULLY RELEASE TELEPHONE TIMESHEETS FROM ALL LIABILITY ARISING FROM, BUT NOT LIMITED TO, PROPERTY DAMAGE, DEATH, PERSONAL INJURY, PERSONAL LOSS AND OTHER CIRCUMSTANCES RESULTING FROM ERRORS, INTERACTIONS AND FAILURES INVOLVING THE TELEPHONE TIMESHEETS SERVICES, OR ERRORS IN THE TELEPHONE TIMESHEETS SERVICES OR CONTENT PROVIDED BY TELEPHONE TIMESHEETS. IN NO EVENT SHALL TELEPHONE TIMESHEETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELEPHONE TIMESHEETS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY TELEPHONE TIMESHEETS’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE PAST SIX (6) MONTHS OR ONE HUNDRED USD, WHICHEVER IS GREATER.

22. Release

In addition to the above, you specifically and expressly release Telephone Timesheets, its respective officers, directors, employees, agents, successors and assigns from all liability, direct and indirect, related to any and all claims and demands you may assert against any third party arising out of your use of the Telephone Timesheets Platform. If you are a California resident, you expressly agree to waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

23. Indemnity

You agree to defend, indemnify, and hold harmless Telephone Timesheets, its officers, directors, employees, affiliates, and agents, 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 from:

• your use of and access to the Telephone Timesheets Platform or for Subscriber its Authorized User’s use of the Platform;
• your violation of any term of this Agreement or the Privacy Policy; or
• your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Telephone Timesheets Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.  If you are a business entity these indemnification obligations extend to all of your authorized users.

24. Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon, please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Telephone Timesheets,support@telephonetimesheets.com or Self Service Technology, LLC, 821 3rd Street, Suite 300, Farmington, MN 55024.

Counter Notice

In the event that you receive a notification from Telephone Timesheets stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where the notice provider is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice in accordance with the takedown notice instructions above.

25. Choice of Law

This Agreement shall be governed by the laws in force within the state of Florida. The offer and acceptance of this contract is deemed to have occurred in Florida.

26. Disputes

Any dispute relating in any way to your visit to the Platform or the Telephone Timesheets Services shall be submitted to confidential arbitration in Dunedin, FL. Arbitration under this Agreement for Users shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association.  Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Pinellas County, FL.

Opt-Out

You may opt-out of this dispute resolution provision by notifying Telephone Timesheets within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Self Service Technology, LLC, 821 3rd Street, Suite 300, Farmington, MN 55024, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Telephone Timesheets through arbitration.  Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Pinellas County, FL.

27. PAGA and Class Action Waiver

You and Telephone Timesheets agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

28. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Telephone Timesheets are deemed to conflict with each other’s operation, Telephone Timesheets shall have the sole right to elect which provision remains in force.

29. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

30. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration.

31. Termination

You may terminate your access to the Platform or terminate this Agreement any time via your Telephone Timesheets dashboard or contacting us at support@telephonetimesheets.com.  However, termination does not relieve you from any obligations or payments required by this Agreement. Please be aware that upon termination of your account or subscription, access to all or portions of our Platform may become immediately disabled and any User Content may become immediately inaccessible.  We may terminate this Agreement or your access to the Platform at our discretion or if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Telephone Timesheets, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

32. Entire Agreement

This Agreement, the Additional Terms, and the Privacy Policy and any other supporting agreements provided by Telephone Timesheets constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Where any agreements directly conflict they will control in the following order (from 1-3): (1) The Additional Terms; (2) this Agreement; and (3) the Privacy Policy.

33. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

34. Electronic Communications

The communications between you and Telephone Timesheets use electronic means, whether you visit the Platform or send Telephone Timesheets e-mails, or whether Telephone Timesheets posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Telephone Timesheets in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Telephone Timesheets provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

35. Notices

Any notices required under this Agreement shall be delivered to Self Service Technology, LLC, 821 3rd Street, Suite 300, Farmington, MN 55024, delivery confirmation required.  Any notices to User shall be delivered either electronically via email or to the User’s account within the Platform.

36. Contact Us

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at support@telephonetimesheets.com.

37. Acts of God

All errors shall be at the sole responsibility and expense of the user. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you, inability to access to the Platform, failure of a communications satellite, strike, labor dispute, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.

38. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Telephone Timesheets must be sent to our agent for notice to: support@telephonetimesheets.com or Self Service Technology, LLC, 821 3rd Street, Suite 300, Farmington, MN 55024

California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.