*SALES AND DELIVERY TERMS - subscription agreement and acceptable use policy.*
*Terms and Conditions. *
I appreciate that you are interested in purchasing a subscription license.
All sales, supplies and services performed by TimeSolution ("TimeSolution", or "I - Jan Hanson" ) for you as customer ("Customer", or "you") are exclusively governed by the terms and conditions as laid out in these Sales And Delivery Terms ("Terms") if they are not altered through explicit agreement signed by both parties.
By registering for a BrowserBooking account and/or using or contributing to BrowserBooking, you are agreeing to the following terms and conditions (the "Agreement"). If you do not agree to any of the following terms, please do not use BrowserBooking. As used herein, "TimeSolution" means and refers to: TimeSolution Denmark .
TimeSolution may change, add or remove any part of this Agreement, or any part of the BrowserBooking services and features, including price, at any time. If it does so, TimeSolution will post such changes on the TimeSolution site. Your continued use of BrowserBooking after we post and/or notify you about such changes, constitutes your acceptance of those changes. If any such changes are unacceptable to you, you should discontinue using BrowserBooking.
*Offers And Quotations.*
Any price quotations provided by TimeSolution to you shall be valid for the period stated in the quotation. If no time period is stated, then they shall be valid for 30 (thirty) days from the date of the offer.
*Order Processing And Orders.*
TimeSolution processes orders received between Monday and Friday. Most electronic orders are delivered well within a 48-business-hour window.Orders placed are not binding until accepted by TimeSolution, via email order confirmation or otherwise in writing
During the purchase process your personal information such as your address will be requested.
This information will be is transferred using a secure connection (SSL).
*USING BrowserBooking*
To use a BrowserBooking account, you must be at least 13 years old (or such older minimum age as may be required by applicable local law). If you are under the required age, you may still use BrowserBooking (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian.
This Agreement is a legal document that sets forth your rights and obligations as a BrowserBooking user. You cannot use BrowserBooking until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use BrowserBooking. Your use of BrowserBooking is also subject to the TimeSolution Customer Privacy Policy, which is expressly made a part of this Agreement.
When you accept this Agreement and complete the BrowserBooking registration process, you become the account holder. As a BrowserBooking account holder, TimeSolution provides you with a limited, non-exclusive license for no more than the term of your subscription (or, if you are a trial user, for the term of your trial period) to use the subscriber name and password provided to you for your account. Your subscriber name, when confirmed by TimeSolution, is your online identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.
As used in this Agreement, "Content" means the information, data, text, software, music, graphics, photographs, images, sounds, videos, messages and all other like materials you encounter or generate through your use of BrowserBooking or on-line through the Internet.
*PAYMENT*
If you elect to become a BrowserBooking subscriber, you agree to pay all charges for BrowserBooking at the prices set forth in this Agreement.
TimeSolution will charge the quarterly BrowserBooking subscription fee, and any fees for additional BrowserBooking features or services.
The service will be billed in 3 month prepaid intervals.
Invoices will be provided electronically to your BrowserBooking email account.
As well, an invoice will appear on the account page of your BrowserBooking administration console.
Users have approximately two weeks to bring up and settle any issues with the billing.
You will be billed as follows:
Month/1 to 5 web users euro 85,00 inclusive 5 web users
Month/6 to unlimited web users (maximum 100 users at any one time) euro 215,00 inclusive 5 web users
Ekstra web user month euro 2,50 / 12 month minimum.
All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law.
TimeSolution reserves the right to change prices or to institute new charges for BrowserBooking or any portion of BrowserBooking at any time, upon prior notice.
Price changes and institution of new charges implemented during your subscription period will apply to subsequent subscription periods and to all new BrowserBooking users after the effective date of the change.
All pricing changes will be posted on the BrowserBooking site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of BrowserBooking, or your failure to terminate your subscription, after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent subscription periods.
*CANCELLATION*
TimeSolution will accept cancellations of your subscription any time. You will NOT receive refund for the remainder of that annual subscription period.
*AVAILABILITY OF THE SERVICE*
While TimeSolution makes reasonable efforts to ensure that BrowserBooking is available at all times, TimeSolution does not guarantee, represent or warrant that BrowserBooking services will be uninterrupted or error-free, and TimeSolution does not guarantee that users will be able to access or use all the BrowserBooking features at all times.
Subject to any specific license agreements for various BrowserBooking software features (including third party software), TimeSolution may change, suspend or discontinue any (or all) aspects of BrowserBooking at any time, including the availability of any BrowserBooking feature. TimeSolution may also impose limits on the use of or access to certain features or portions of BrowserBooking, or restrict your access to any part or all of BrowserBooking, in all cases without notice or liability. You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of BrowserBooking, if you elect to use those products, services or features.
TimeSolution also does not guarantee or warrant that any Content you may have in your account at BrowserBooking will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important Content. Unless otherwise expressly provided in the terms of any service or feature offered in BrowserBooking, TimeSolution will not be responsible for any archiving or backup of any such information. If any data, messages, images or other Content in your account and stored on the BrowserBooking system is damaged, lost or corrupted in any way, TimeSolution will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular BrowserBooking feature or service.
*ACCEPTABLE USE POLICY GUIDELINES*
There are rules and standards that you must abide by when you use BrowserBooking. These rules and standards are described in this Agreement. As a BrowserBooking user, you agree to comply with this Agreement, and you acknowledge that TimeSolution has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your BrowserBooking account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, TimeSolution may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for BrowserBooking to legal action—as TimeSolution deems necessary or appropriate. TimeSolution is not required to provide notice prior to terminating your BrowserBooking access for violating these rules and standards, but it may choose to do so.
You are solely responsible for your conduct while using BrowserBooking, and the conduct of anyone using your account or any sub-accounts, including any Content you generate, transmit or store on any BrowserBooking system and/or user account (e.g. your email, , or photo gallery). TimeSolution is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, TimeSolution reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement.
TimeSolution reserves the right to terminate your access to BrowserBooking at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account or any sub-account), your infringement of TimeSolution's or BrowserBooking's or others' intellectual property, or any other circumstances which, in TimeSolution's sole discretion, merit termination. Any such termination may, if TimeSolution elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.
Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
*Illegal, Tortious and Prohibited Conduct*
BrowserBooking may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject TimeSolution to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If TimeSolution elects to terminate your right to use BrowserBooking as a result of any illegal or prohibited conduct, TimeSolution may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples of prohibited conduct are:
* Posting obscene Content (including child pornography)
* Planning illegal activity, such as building a bomb or counterfeiting money
* Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
* Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities), another BrowserBooking user, an TimeSolution employee, or a civic or government leader; TimeSolution reserves the right to reject or block any BrowserBooking user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
* Using false statements to get, or to attempt to get, account information or other private information from other BrowserBooking or Internet users
* Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
* If you believe that illegal, tortious or other prohibited Content is being transmitted through any BrowserBooking service, you may report it by submitting a completed.
TimeSolution reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, TimeSolution reserves the right to comply with any civil court orders and/or subpoenas. If TimeSolution decides to investigate or resolve possible misuse involving you or anything you do on BrowserBooking, TimeSolution is entitled, except to the extent prohibited by applicable law, to disclose any information about you in TimeSolution's possession in connection with your use of BrowserBooking and anything you do with BrowserBooking to law enforcement or other government officials, as TimeSolution in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of BrowserBooking, you authorize TimeSolution to take any such actions.
Please remember that these are only guidelines; there are always "gray areas." Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, TimeSolution reserves the right to make the final determination about whether Content is objectionable or not.
*Violations of System and Network Security*
Violations of system and network security are prohibited, and may result in criminal and civil liability. TimeSolution will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
* Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
* Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
* Falsifying your user identity or providing other false information to TimeSolution or to other users of BrowserBooking in connection with your use of BrowserBooking or any feature of BrowserBooking
* Posting viruses or software designed to create a virus or to do harm to BrowserBooking, any BrowserBooking subscribers or users of BrowserBooking, or any network
* Taking any other action to disrupt the normal use of BrowserBooking or the Internet by other users
* Use of software that allows your account to stay logged on while you are not actively using the account
* Unsolicited E-Mail ("Spamming" and "Mailbombing")
This Agreement prohibits abuse of BrowserBooking's e-mail and related functionalities. Some specific examples of prohibited actions are as follows:
* Sending unsolicited bulk e-mail messages, including, without limitation, bulk commercial advertising and informational announcements ("bulk" means sending the same or substantially similar messages to more than 25 e-mail users in a single day); TimeSolution reserves the right to block unsolicited commercial e-mail if a BrowserBooking user objects to receiving such e-mail, even if it is not considered "bulk" e-mail
* Using information collected from any BrowserBooking user or any other area of BrowserBooking for the purpose of sending unsolicited e-mail, whether or not it qualifies as "bulk" e-mail
* Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) ("excessive" includes posting the same or substantially similar messages to ten (10) or more groups in a single day)
* Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message ("spoofing")
* Using another site's mail server to relay mail without the express permission of the other site
* Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a BrowserBooking account, remailer, or otherwise through any feature of BrowserBooking, or using a BrowserBooking account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities.
In addition, if there is Excessive Usage on your account or any sub-account, TimeSolution reserves the right to temporarily disable access to information available from your account through a URL, or to "bounce" emails back to senders. "Excessive Usage" as used herein, may apply to storage and/or bandwidth capacities, and means your usage within a given month greatly exceeds the average level of monthly usage of BrowserBooking’s subscribers generally. Repeated violations may result in termination of your account.
In addition to the BrowserBooking account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:
* Operating any type of e-commerce site, including any online store or shop, or software distribution, or any website whose primary purpose is to generate advertising revenue through the posting of automated Content (i.e. ’zombie’ site)
* Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other BrowserBooking users
* Reselling, renting or subleasing BrowserBooking space under any circumstance
* Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding BrowserBooking users other than for personal, non-commercial purposes
* Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters
*INVESTIGATIONS*
TimeSolution RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL BrowserBooking FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.
When TimeSolution becomes aware of possible violations, TimeSolution may initiate an investigation, which may include gathering information from any BrowserBooking user or account involved, any third party and any complaining party.
During the investigation, TimeSolution may suspend or terminate any or all of a user's BrowserBooking accounts involved and/or remove the Content involved from TimeSolution's system. If TimeSolution believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the BrowserBooking system, warnings to the BrowserBooking user(s), and the suspension or termination of the account or accounts responsible.
If, as a result of any such investigation, TimeSolution believes that any criminal activity has occurred, TimeSolution reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
BY BECOMING a BrowserBooking USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST TimeSolution, AND TO HOLD TimeSolution HARMLESS AND INDEMNIFY TimeSolution WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY TimeSolution AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE TimeSolution OR RECOVER ANY DAMAGES WHATSOEVER FROM TimeSolution AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE BrowserBooking SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR BrowserBooking ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TimeSolution'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
*SOFTWARE LICENSES*
If you use a BrowserBooking account, then these provisions relating to software licenses apply to you. Nothing in these provisions, however, supersedes any terms of any end-user license for software provided with your computer or any separate software application provided to you as part of BrowserBooking.
TimeSolution provides you with a limited license to use the software providing access to BrowserBooking, which you agree to use in accordance with these rules. You may not resell, sublicense, or charge others to use or access, this software. TimeSolution will occasionally provide automatic upgrades to improve your online experience.
TimeSolution grants to you a non-exclusive, limited license to use the software designed to provide access to BrowserBooking for the sole purpose of connecting you to BrowserBooking. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that TimeSolution's introduction of various technologies may not be consistent across all platforms and that the performance and some BrowserBooking features may vary depending on your computer and systems and other equipment.
You agree You are not the owner of the Software and that TIMESOLUTION has the exclusive right to license BrowserBooking to You.
This Agreement is not a sale of the Software or of any copy. Except as permitted in this Agreement, You are not allowed to make any modifications to, or create derivative works from the Software.
*PROPRIETARY RIGHTS*
The Software is a proprietary product of TIMESOLUTION, and is copyright by Jan Hanson. The Software is protected by copyright laws. All rights are reserved. Title to any copy, modification or portion of the Software, shall at all times remain with TIMESOLUTION and Jan Hanson. Title to the FileMaker Pro application software shall at all times remain with FileMaker, Inc., and their subsidiaries and licensors. Title to the metadata in your software files shall at all times remain with You.
You agree that the Software contains trade secrets and information confidential to TIMESOLUTION and Jan Hanson, and their subsidiaries and licensors, and You agree to take all reasonable steps to protect its copyright and confidentiality.
You may not remove any proprietary notices that are provided with the Software, including without limitation, trademarks and copyright notices.
*ACCOUNT DEACTIVATION AND REMOVAL OF CONTENT*
TimeSolution reserves the right to disable your access to BrowserBooking and to remove any Content you may have stored on BrowserBooking (including, but not limited to, email, web pages and back-ups) under the following circumstances:
* If you do not pay invoice upon due date, or upon cancellation of your subscription.
* If your credit card is declined, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to TimeSolution.
TimeSolution will notify you via email to your Email address, or an alternative email account, that your access to BrowserBooking will be deactivated and that any Content residing in your account at the time of deactivation will be deleted.
Modifications to the Service and Prices:
1. Prices for using BrowserBooking are subject to change upon 30 days notice from TimeSolution. Such notice may be provided at any time by posting the changes to the BrowserBooking Site
BrowserBooking.com) or the administration menu of your BrowserBooking store via an announcement.
2. TimeSolution reserves the right at any time to time to modify or discontinue, the Service
or any part thereof) with or without notice.
3. TimeSolution shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
*SPAM POLICY*
* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS SPAM)*
TimeSolution STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL
SPAM). IF ANY ACCOUNT HOSTED BY TimeSolution , PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE ACCOUNT WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO TimeSolution WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. TimeSolution DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON TimeSolution SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE ACCOUNT'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON TimeSolution SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY TimeSolution IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF TimeSolutionS SMTP SERVERS.
I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY TimeSolution OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BrowserBooking SOFTWARE AND/OR SERVICES IS AT YOUR SOLE RISK. THE BrowserBooking SOFTWARE AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TimeSolution MAKES NO WARRANTY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY RESULTS THAT MAY BE OBTAINED FROM THE BrowserBooking SOFTWARE AND/OR SERVICES, OR THAT SUCH RESULTS WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, (II) ANY VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE ENCOUNTERED OR TRANSMITTED THROUGH YOUR USE OF THE BrowserBooking SOFTWARE AND/OR SERVICES, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, TimeSolution DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BrowserBooking AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH BrowserBooking.
IN NO CASE SHALL TimeSolution, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE BrowserBooking SOFTWARE AND/OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR BrowserBooking USE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS OR LOSS OF USE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TimeSolution'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY BrowserBooking SOFTWARE AND/OR SERVICES SHALL BE CANCELLATION OF YOUR ACCOUNT AND/OR CESSATION OF YOUR USE OF BrowserBooking.
*INDEMNITY*
You agree to defend, indemnify and hold harmless TimeSolution, its affiliates, subsidiaries, directors, officers, employees, agents and contractors from and against any and all claims, demands, damages, losses, liabilities or expenses (including but not limited to attorney’s fees) made or claimed by a third party, relating to or arising from: (i) your use or misuse of the BrowserBooking Software and/or Service; (ii) any violation by you of this Agreement; or (iii) your violation of any rights of another. This obligation shall survive the the termination or expiration of this Agreement and/or your use of BrowserBooking.
You acknowlege that you are responsible for all BrowserBooking use originating from your BrowserBooking account, including any use by sub-accounts, and that this Agreement applies to any and all usage of your account, including any use by sub-accounts. You agree to comply with these terms and to defend, indemnify and hold harmless TimeSolution from and against any and all claims and demands arising from usage of your account or any sub-account, whether or not such usage is expressly authorized by you.
* EXPORT RESTRICTIONS *
The parties agree that the United Nations Convention for the International Sale of Goods shall not apply in any way to this Agreement and/or the services contemplated herein.
*NOTICES*
TimeSolution may give notice to any BrowserBooking user by sending an e-mail message to the user's mailbox or by sending a letter via postal mail to the contact address listed in the user's BrowserBooking registration.
*LEGAL PRINCIPLES*
This Agreement represents your entire agreement with TimeSolution with respect to BrowserBooking. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a BrowserBooking user, and TimeSolution.
This Agreement shall be governed by the laws in Denmark and jurisdiction shall lie within Denmark. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION IN DENMARK.
Revised MAY 2008