TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use were last updated on November 16, 2011.

These Terms of Use are organized as follows:

  1. Permitted Uses
  2. Availability of the Site
  3. Ownership of the Site
  4. Transmission of Information
  5. Your Conduct on our Site
  6. Creating an Account on our site and Age Requirement
  7. Modification of this Agreement
  8. Copyright and Trademarks
  9. End User Content
  10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
  11. Disclaimer of Warranty
  12. Limitation of Liability
  13. Arbitration
  14. End User Communications
  15. Websites of Others
  16. Public Nature of Your Statements
  17. Indemnification/Release
  18. Termination
  19. Choice of Law
  20. Additional Disclosures

ACCEPTANCE OF TERMS OF USE

Schedule Utopia, LLC (“Schedule Utopia” or “us” or “our”) operates this website, www.scheduleutopia.com, and the mobile and touch versions we develop now or in the future.  The website and links contained within or otherwise available through external hyperlinks within our site will be collectively referred to as the “Site” in these Terms of Use.  By using our Site and Schedule Utopia’s services through the Site, you (“you” or, “End User”) acknowledge, understand and AGREE to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to the Site, as any of the same may exist from time to time (collectively, the “Terms of Use” or “Agreement”).  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SCHEDULE UTOPIA SERVICE OFFERED THROUGH THE SITE.

 

1. Permitted Uses

The Site provides an interactive online service operated by Schedule Utopia.  The Site allows the creation of an event or organization calendar, allowing End Users to follow the calendar and receive updates as to changes in the calendar.  Whenever there is a change made by an authorized official to a calendar, the follower will automatically be notified instantly from whichever calendars they want to be up-to-date with.  When you choose to “follow” a calendar, those occurrences can be added directly to your personal “dashboard” and calendar in your personal Schedule Utopia account.  You will also be notified instantly via whichever medium you wish (phone, email, text (SMS), web, mobile app or all of the above) when there is any sort of change.

If you have your friends, family, or interested parties follow a calendar of yours or an organization (such as a sports team or school), they will  receive notifications instantly when things gets added, changed, or canceled without you having to manually pass it along to them.  In a communication “tree”, when one person doesn’t get the email or phone message immediately, the communication process gets delayed, potentially for hours. With Schedule Utopia, members choose all the calendars they want to follow and it will update them instantly when any type of change is made, without any further need to communicate.

You can also share a single event, game or occurrence with others via Facebook, Twitter or email so they don’t have to follow the whole calendar in order for you to notify them of things that are happening.

2. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control.  While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Schedule Utopia retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3. Ownership of the Site

The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us and other partners.  You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, items or services obtained from or through the Site.

4. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Schedule Utopia and the Site while it is being transmitted.  In addition, Schedule Utopia is not responsible for any data lost during transmission.

5. Your Conduct on our Site

Our Site is private property.  All interactions on this Site must be truthful, lawful and must comply with these Terms of Use. To the extent your conduct, as determined in our sole discretion, restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Schedule Utopia subscription account or in order to create multiple Schedule Utopia subscription accounts;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Schedule Utopia;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Schedule Utopia;
  • Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Schedule Utopia to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Schedule Utopia;
  • Using any End User information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); or
  • Acting illegally or maliciously against the business interests or reputation of Schedule Utopia, or our services;

6. Creating an Account on our Site and Age Requirement

To become a member of the Schedule Utopia Website, or post User Generated Content, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Site. This Site is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Site. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to register for the Site and post User Generated Content.

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing.  You are responsible for providing current, correct, and accurate information in creating your account and providing any End User generated content.  Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future credits or promotional incentives (if any) in your account. If we terminate your account, you may not re-register or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Schedule Utopia account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

7. Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable.  If we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute understanding and acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

8. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of Schedule Utopia or is being used with permission.  ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF SCHEDULE UTOPIA IS PROHIBITED.  Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Schedule Utopia owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Schedule Utopia or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Schedule Utopia is a trademark of Schedule Utopia, LLC.  It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Schedule Utopia shall not be deemed to be in the public domain but rather the exclusive property of Schedule Utopia.

9.  End User Content

Schedule Utopia does not guarantee to prescreen End User generated content.  Schedule Utopia does not guarantee the Site will be free from End User generated content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable.  Schedule Utopia is merely acting as a passive channel for such distribution and is not undertaking any liability relating to any End User generated content or activities of End Users on the Site.  Even in the event Schedule Utopia chooses to monitor any End User generated content, we assume no responsibility for, or any obligation to monitor or remove, such End User generated content.  Schedule Utopia reserves the right to edit, remove, or refuse to post any End User generated content.

End-User generated content is not confidential or proprietary.  You grant, and warrant that you have the right to grant, to Schedule Utopia a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your End User generated content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

You agree to immediately notify Schedule Utopia in writing of any objectionable content appearing on the Site.  Schedule Utopia will make good faith efforts to investigate allegations that any End User generated content violates these Terms of Use but makes no promises that Schedule Utopia will remove or edit any specific End User generated content.

10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.

Schedule Utopia reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Schedule Utopia with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for Schedule Utopia’s DMCA Agent for notice of claims of copyright infringement is:

Schedule Utopia, LLC, Attn: Copyright Agent 3350 Grand Ridge DR NE, Grand Rapids, Michigan 49525; dmca@scheduleutopia.com

11. Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.  NEITHER SCHEDULE UTOPIA, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR DISCOUNTS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SCHEDULE UTOPIA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability.

IN NO EVENT SHALL SCHEDULE UTOPIA, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE.  IN NO EVENT WILL SCHEDULE UTOPIA’S LIABILITY EXCEED $500.

13. Arbitration.

We will make every reasonable effort to resolve any disagreements that you have with Schedule Utopia.  If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Schedule Utopia arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any Discount(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Schedule Utopia; (b) the arbitrator shall apply Michigan law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Schedule Utopia’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Schedule Utopia shall be entitled to arbitrate their dispute.

14. End User Communications

Schedule Utopia in some instances may allow you and other End Users to use the Site to express opinions and communicate through any created forums, bulletin boards, discussion groups, chat rooms, social media, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”).  Schedule Utopia shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Schedule Utopia, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Schedule Utopia shall have the right, but not the obligation, to remove any material from the Communities that Schedule Utopia, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Schedule Utopia.

15. Websites of Others

The Site contains links to websites maintained by other parties.  These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

16. Public Nature of Your Statements.

You understand and agree that all Statements are public and not private.  Any other person (whether or not a user of Schedule Utopia’s services) may read your Statements without your knowledge.  Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Schedule Utopia does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

17. Indemnification/Release.

You agree to defend, indemnify and hold harmless Schedule Utopia, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any access, use or services by you in connection with the Site or any use of the Site in violation of these Terms.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Schedule Utopia from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Schedule Utopia, and any conduct or speech, whether online or offline, of any other user.

18. Termination.

Schedule Utopia may terminate these Terms of Use at any time.  Without limiting the foregoing, Schedule Utopia shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Schedule Utopia considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

19. Choice of Law.

Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or Schedule Utopia’s services shall be governed by the internal laws of the State of Michigan, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act.

22. Additional Disclosures.

No waiver by either you or Schedule Utopia of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement.  The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

Schedule Utopia, LLC, is located at 3350 Grand Ridge DR NE, Grand Rapids, Michigan 49525.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to and are for the benefit of Schedule Utopia, its subsidiaries, affiliates, Advertisers and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Any and all law enforcement and governmental bodies may be contacted regarding perceived or reported improper End User activity.  We may disclose, without consent or notice, any and all End User information, including but not limited to, IP numbers, account history, use, or data to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, or as otherwise permitted by applicable law or regulation.

This Site contains services and features that are available to certain mobile phones.  Your carrier’s normal rates and fees apply and you are solely responsible for all such rates and fees.  Not all mobile services will work with all carriers or devices.  You should check the rates and services offered by your carrier.  By using Schedule Utopia’s mobile services, you agree we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.  If you change or deactivate your mobile number, you must promptly update your account information to ensure that we don’t send your messages to a different person.