TERMS AND CONDITIONS (PRO)
For Time Slot Pro, LLC
1. Who Time Slot Pro, LLC is.
Time Slot Pro, LLC (“Time Slot”) is a limited liability company that is organized and existing under the laws of the State of Florida. Time Slot owns and operates the internet website (URL: www.TimeSlot.Pro) and an Application (Time Slot Pro)
2. Some Definitions.
The terms are defined as follows:
- “Application” means an application program, which is a program designed to perform a specific function directly for the user or, in some cases, for another application program. Applications use the services of the computer or phone’s operating system and other supporting applications.
- “Client” means the person that the Pro is training.
- “Company Content” means software and content developed by Time Slot and/or Time Slot suppliers, that is available for download to Subscribers’ computers and mobile phones.
- “Content” means either Company Content or Subscriber Content or both.
- “Pro” means the person that is is paying Time Slot a monthly or an annual subscription plan. For all intents and purposes a Pro will be considered to be an independent contractor.
- “Scheduled Time” means the time Pro is available to train.
- “Services” means the services provided through the Website and/or the application including the right to upload and download “Content” as defined above.
- “Subscriber Content” means software and content, uploaded by Subscribers, that is available for download to other Subscribers’ computers and/or mobile phones.
- “Subscriber” means an individual who has purchased access to the Website and/or the Application.
- “Subscription” means a paid subscription to use the Website and/or the Application.
- “Website” means the website and mobile internet site with the URL: www.TimeSlot.Pro
- “User” mean all individuals visiting the website, mobile internet site and/or Application, including paying subscribers.
Time Slot reserves the right to modify these “Terms and Conditions” and any policies affecting the Website and/or the Application. Any modification is effective as of the earlier of:
- (a) The posting of the modification or new Terms and Conditions on the Website and/or Application;
- (b) The distribution via electronic mail of the modification or new Terms and Conditions.
Pro’s continued use of the Website and/or the Application for more than 30 days following the effective date of any modification to these Terms and Conditions shall be conclusively deemed an acceptance of all such modification(s).
Time Slot requires that a Pro or any other User be at least eighteen (18) years of age. By using the Services, Pro or any other User represent and warrant that they are at least eighteen (18) years of age and that their use of the Services does not violate any applicable law or regulation. Pro or any User uploads may be deleted and the subscription may be terminated without warning, if Time Slot believes that a Pro or User is under eighteen (18) years of age.
Time Slot owns and operates the mobile enabled online web based portal and the Application known as “Time Slot Pro, LLC.” Time Slot offers Services and Content to Clients and Pros. Content may include time, calendars, easy scheduling, locations, and utilities. Services may include online chat, alerts and the ability of Pros to upload their own Content and download the Content of others. The purpose of this Website and/or the Application is to streamline the training experience by having everything in the same location. By having everything streamlined, Time Slot allows the Pro a quick and easy manner in which to schedule training times, while allowing Clients or Users to find a Pro and book a training time on the Client or User’s time. Time Slot reserves the right to add, change and remove Services and Content at Time Slot’s discretion.
To access Time Slot Services, Pros are required to pay the Subscription Fee which is currently twenty dollars ($20.00) per month. Time Slot will charge the Subscription Fee by automatically charging the credit card or debit card on file at the beginning of each month. Time Slot reserves the right to change the Subscription Fee at any time at Time Slot’s discretion by providing thirty (30) days prior notice.
7. Term and Termination.
Any Pro may terminate the subscription at any time upon thirty (30) days prior notice. Time Slot may immediately terminate the subscription if the Subscription Fee is not paid, or Time Slot receives any indication that the fee may not be paid.
8. Pricing and Fees
Each Pro is responsible for setting the cost for each scheduled time.
9. Payment and Refund Policy.
A Pro will be charged a monthly or an annual subscription fee, which is deemed to be non-refundable. When the Pro has chosen the credit card or debit card option as the desired form of payment, Time Slot will use the company “Stripe Connect” to process payments to the Pro. Payment for services performed by the Pro, will be remitted no earlier than twelve (12) hours after the end of the scheduled time when using a credit card or debit card. Payments from the Client to a Pro that are paid by credit card or debit card are subject to fees (4.9% + $0.30). In instances where a Pro sets payment to a form other than credit card or debit card, it is the responsibility of the Pro to receive payment from the Client.
10. Scheduling and Availability.
Time Slot does not guarantee that a location will be available, the quality of service performed, or performance of any Pro, Client, or User. Each Pro is responsible for setting their own availability.
11. Cancellations or “No Shows”
If a Pro or a Client cancels their appointment less than forty-eight hours (48) prior to the commencement of the scheduled time frame or fails to appear during their scheduled time frame, they will not be entitled to a refund. Any Pro who does not cancel prior to forty-eight (48) hours before the scheduled time frame commences is responsible for issuing a refund to the Client. If a client does not cancel prior to forty-eight (48) hours before the scheduled time frame commences, the Pro is responsible for receiving payment from the Client.
12. Licenses and Non-Commercial Use.
With each Subscription, Time Slot grants the Subscriber a non-exclusive, nontransferable license to use, copy, display, and perform any Company Content for personal, non-commercial use only on the Subscriber’s computer(s) and/or mobile phone owned by the Subscriber. This license terminates immediately upon termination of the Services. Subscriber or any User grants Time Slot the perpetual, non-exclusive right to use, copy, modify, distribute, display and perform a Subscriber’s Content on the Website (and in promotions of the Website) without restriction and to grant such rights to Time Slot’s licensees, successors and assigns. This grant includes a grant of a license to any necessary copyrights and a release of any necessary privacy and publicity rights.
13. A Pro is an Independent Contractor
For all intents and purposes all Pros will be considered to be an independent contractor of Time Slot.
Time Slot will provide a password to allow access to the Services. A Pro or User will not share passwords with any other party. Each Pro will be responsible for any use of their password by any other party.
Each Pro is responsible for any sales, use and import taxes owed in connection with any Subscription or services provided.
16. Proprietary Rights Owned by Time Slot.
Pro acknowledges that Time Slot, or Time Slot’s suppliers, own all proprietary rights in the Website and/or the Application and the Company Content including, but not limited to, any patents, trademarks, service marks, and copyrights.
17. Proprietary Rights Owned by Subscribers.
Pro represents and warrants to Time Slot that Pro will not upload any Content to the Website and/or the Application unless the Pro is the owner of all proprietary rights in that Content and have obtained releases for all related privacy and publicity rights.
Pro agrees to the following:
- (a) Pro or any other User will not reprint, republish or distribute in any way any information or materials found on the Website and/or Application.
- (b) Pro or any other User will not use any of the information on the Website and/or Application for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.
- (c) Pro or any other User will not provide to Time Slot or post on the Website and/or Application any information that is not correct, such as an incorrect name, address, email address, or any other incorrect information.
- (d) Pro or any other User will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive, or hateful.
- (e) Pro or any other User will not share their password. Each Subscription is for use of the Time Slot Services only with one individual.
- (f) Pro or any other User will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
- (g) Pro or any other User will not post any materials on Time Slot’s Website and/or the Application in violation of any other party’s rights, including, but not limited to, copyrights or privacy and publicity rights.
- (h) Pro or any other User will access, download from and upload to the Website and/or the Application and use the Services only for their own personal non-commercial use and not for the benefit of any other party or for an organization or other entity or to set up a competing business.
- (i) Pro or any other User will follow Time Slot’s instructions regarding the use of the Website and/or the Application including, but not limited to, any instructions Time Slot provides to any Pro or User regarding postings to the Website.
19. Termination and Removal.
Time Slot reserves the right to terminate the Services and remove any of the Pro’s uploads at any time in Time Slot’s discretion. Time Slot also has posted Copyright and Removal Policies and Pro or any other User agrees to notify Time Slot in accordance with those policies if the Pro or any other User are aware of any infringement of any proprietary or other rights.
20. Pro Disputes.
Pro or any other User is solely responsible for the interactions with other Subscribers and/or Users.
Time Slot is not responsible for any Subscriber Content or any links to other websites or mobile internet sites posted by Pros or any User. Inclusion of any link from our Website to another website or mobile internet site does not imply approval or endorsement of the linked website or mobile internet site by Time Slot. When a Pro or any other User accesses Subscriber Content or any third-party sites, the Pro does so at their own risk. Time Slot takes no responsibility for third party advertisements that are posted on the Website and/or the Application, nor does Time Slot take any responsibility for the goods or services provided by advertisers. Time Slot is not responsible for the conduct, whether online or offline, of any user of the Services. Time Slot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the Services. Time Slot is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers’ computer equipment, or software. Time Slot is not responsible for any failure of any upload or download due to technical problems or traffic congestion on the internet or any wireless network. Time Slot is not responsible for any injury or damage to any person’s computer or mobile phone related to or resulting from use of the Services including downloading materials in connection with the Services. Under no circumstances shall Time Slot be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or attendance at an event, from any Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Time Slot expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Time Slot cannot guarantee and does not promise any specific results from use of the Services.
22. No Warranties.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON THIS WEBSITE AND/OR THE APPLICATION (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
23. Limitation of Liability.
PRO AND ANY OTHER USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS AND INJURY RESULTING FROM THE USE OF THE WEBSITE AND/OR THE APPLICATION INCLUDING ANY USE OF ANY FACILITIES THROUGH THE WEBSITE OR THE APPLICATION AND FOR DOWNLOADS FROM THE WEBSITE AND/OR THE APPLICATION. UNDER NO CIRCUMSTANCES SHALL TIME SLOT OR ANY OF TIME SLOT’S EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF TIME SLOT OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE WEBSITE AND/OR THE APPLICATION FOR THE ONE MONTH PERIOD ENDING ON THE DATE A CLAIM IS MADE, AND PRO OR ANY OTHER USER HEREBY RELEASES TIME SLOT AND TIME SLOT’S EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
Pro and any other User acknowledges that Time Slot has not reviewed the content of all sites linked to or from the Website and/or the Application and that Time Slot is not responsible for the content of any of those sites and does not take responsibility for them or endorse them.
Pro or any other User agrees to indemnify and hold Time Slot, and Time Slot’s directors, officers, employees, and representatives harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that Pro or any other User assert, or may assert, based on or relating to the use, or the use of any individual using Pro’s password, of this Website and/or the Application. Pro or any other User further agrees to indemnify and hold Time Slot, and Time Slot’s directors, officers, employees, and representatives harmless from any and all losses resulting from claims of third parties (including, but not limited to, attorney fees) that result in whole or in part from violations by Pro or any other User, or any individual using a Pro or any other User’s password, of any of the terms of this Agreement.
26. U.S. Export Controls.
Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at a Pro or any other User’s sole risk.
27. Restricted Rights.
Notice to U.S. Government End Users. The Software, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable, consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Mobile Marvin, Inc., 2177 Millennium Way, Atlanta, GA 30319.
28. Reporting Violations.
If a Pro or any other User becomes aware that any other person is violating any of the terms and conditions of this Website and/or Application, please notify Time Slot immediately. If Pro or any other User believes that any person has posted material in violation of any copyrights that Pro or any other User may have, any Pro or User may notify Time Slot in accordance with our Copyright Policy. If a Pro believes that any User of this Website and/or Application has posted materials in violation of any other rights that the Subscriber may have, the Pro may notify Time Slot in accordance with our Removal Policy.
Pro or any other User may not assign any of their rights under this Agreement. Time Slot may assign all rights to any other individual or entity at Time Slot’s discretion.
30. Compliance with Law.
In using the Service, Pro or any other User agrees that the Pro or any other User will comply with all applicable laws.
31. Applicable Law and Jurisdiction.
This Agreement will be governed by the laws of the State of Florida. Each of the parties does hereby agree that any dispute will be decided by the state and Federal courts located in Miami Dade County, Florida and agrees that that party is subject to jurisdiction of such courts in such locality.
32. Force Majeure.
Time Slot shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond Time Slot’s control and without Time Slot’s fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow downs over the internet or any third party internet service providers.
The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section, or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections, or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
No amendment or other change of this Agreement shall be effective except as either expressly permitted under this Agreement or agreed to in writing between the parties.
37. Entire Agreement.
This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations, and understandings between the parties relating to the subject matter of this Agreement.