Table of Contents
- Scope of Agreement
- License to Use
- Payment Methods, Charges and Fees
- Membership and Automatic Membership Renewal
- Cancelation of Membership
- Use of Promotional Codes
- Damaged or Incomplete Contents
- Privacy and Security
- Health Disclaimer, Not Healthcare Advice
- Automatically Become a Registered User
- Restrictions on Use of Materials
- Community Standards and Conduct Guidelines
- Third-Party Products and Services
- Disclaimers of Conditions and Warranties
- Limitation of Liability
- Governing Law and Choice of Forum
- Contact information
- Miscellaneous Terms
- Choice of Language
PLEASE READ THE FOLLOWING TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY AND IT’S TIME.
2. SCOPE OF AGREEMENT
Unless otherwise indicated, this Agreement applies to your use of the Site and use of the Services, such as purchase of products that are offered to you through the Site currently or in the future.
3. LICENSE TO USE
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Site and the material provided hereon, and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, or member of, this Site and our Services. You understand that only you may use your user account and password, and that your subscription to our Site and Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Services subscribed to by you.
By using the Site and/or our Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Site (or any part thereof) and/or our Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site and/or our Services, including, but not limited to, (i) restricting the time the Site and/or our Services is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Site and/or our Services. You agree that any termination or cancelation of your access to, or use of, the Site and/or our Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Site (or part thereof) and/or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination or cancelation of your access to, or use of, our Site and/or our Services, except for a refund of any fees or charges prepaid by you with respect to our Services in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to this Site and/or our Services, or any policies or practices by us in providing this Site and/or our Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Site and/or our Services, is to cancel or terminate your subscription or registered user account, as applicable.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand, agree and accept, that such Additional Terms are hereby incorporated to and made a part of, by reference, this Agreement.
4. PAYMENT METHODS, CHARGES AND FEES
As a subscriber to our Site and/or Services, you hereby authorize It’s Time to bill your credit card for all charges and fees as described in Section 5 below and agree to the following:
It’s Time accepts credit card payments only.
You agree to pay and are responsible for all charges and fees associated with connecting to our Site, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.
You agree to pay and are responsible for all fees charged to your account based on the fees, charges and billing terms in effect as shown on the payment page when you first sign-up for our Services on the Site. You are also responsible for paying any sales, use or other taxes and charges, including shipping and handling, if applicable, which may be related to the Services you purchased based on the address that you provide as the shipping address when you registered on our Site.
All sales and payments will be in US Dollars.
It’s Time and/or a third party payment service provider engaged by It’s Time, may receive updated credit card information from your credit card issuer. The updated credit card information is provided to It’s Time and It’s Time’s third party payment service provider at the election of your credit card issuer at the sole election of your credit card issuer. Neither It’s Time nor It’s Time’s third party payment service provider are responsible for the distribution of your credit card information. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service, if applicable.
For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign-up process to our Services ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data, and any other information you provide to us, to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Site (or any portion thereof) or any of our Services. You are obligated to check the "My Account" feature of our Site to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Site.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Site using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law
You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Profile feature of this Site to update your Subscription Data. You are solely responsible for any and all activities which occur under your user account or subscription. You are responsible for paying any amounts billed to your credit card by a third-party which were not authorized by you.
Except for multiple-period prepayment plans, if you fail to satisfy limitations we set based on demographic, geographic, physical or other similar criteria, or if we terminate your subscription to one of our Services prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether you logged onto our Site or used the Fee-Based Product during that month). If you subscribe to a prepayment plan for multiple periods (e.g., a 3-month prepayment plan) and you decide to cancel during such prepayment period, we will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to our standard pricing in effect during such time and not subject to our special pricing offered through any prepayment plan. If your cancelation of your subscription to one of our Products is due to your failure to satisfy limitations we set based on demographic, geographic, physical or other similar criteria and you cancel your subscription prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to one of our Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign-Up Fee), we will refund any unused portion of such period on a pro rata basis.
5. MEMBERSHIP AND AUTOMATIC MEMBERSHIP RENEWAL
When you place an order through our Site, you are purchasing an auto-renewing membership. All memberships auto-renew as described below, unless or until they are canceled.
Your membership begins the day you place an order on our Site.
Memberships are available month-to-month or for various pre-paid time-lengths, for more information as to the various types and the pricing for each, visit the Products page on our Site
YOU HEREBY ACCEPT AND AGREE THAT RENEWAL FEES ARE CHARGED AUTOMATICALLY, TO THE CREDIT CARD ON FILE AND FOR THE MEMBERSHIP TIME-LENGTH YOU SELECTED.
It’s Time will automatically renew your membership on each, monthly or 3-month, or 6-month, anniversary date of the membership, as applicable; and, as authorized by you by signing up for your It’s Time membership, we will charge your credit card the applicable renewal membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your membership fee payments, if applicable.
6. CANCELATION OF MEMBERSHIP
You can cancel your subscription by contacting Customer Service or by such other means as we may provide from time to time. We will attempt to process all cancelation requests within 72 hours after we receive your request.
7. USE OF PROMOTIONAL CODES
It’s Time may, from time to time, in its sole discretion, offer certain promotional codes for discounts. All promotional codes are non-transferrable and are not redeemable for cash, credit or toward previous purchases. There is no cash alternative. Promotional codes may not be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if applicable. All promotional codes may only be used in accordance with the terms provided with the respective promotional code. Lost promotional codes cannot be replaced. Promotional codes shall not be applied to subsequent automatic-renewal transactions. Promotional Codes are void where prohibited. Any promotional program may be terminated or modified by It’s Time at any time, in its sole discretion.
8. DAMAGED OR INCOMPLETE CONTENTS
If you receive a box with damaged or incomplete contents, please contact us at firstname.lastname@example.org within two (2) weeks following shipment of your box.
9. PRIVACY AND SECURITY
10. HEALTH DISCLAIMER; NOT HEALTHCARE ADVICE
You are urged to consult with your physician before beginning any smoking cessation effort.
The products and claims made about specific products on or through the Site and any content published, are intended only to assist users in their personal smoking cessation and recovery efforts. It’s Time is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in our Site should be construed, nor is it intended to, provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only.
The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. It’s Time does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums, social media, blogs, on the Site by employees or Site users are strictly their own personal views, made in their own personal capacity and are not claims made by It’s Time nor do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease. Consult with a healthcare professional before starting any diet, supplement or exercise program. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging.
11. AUTOMATICALLY BECOME A REGISTERED USER
As a subscriber to one of our Products, you automatically become a registered user of this Site, which provides you with access to certain products, offerings, features, or resources of our Site such as the ability to post messages on one of our Community Areas (such feature is not available to those who are not registered users). A "Community Area" means any blog, personal page, group page, chat room, video chat room, message board, bulletin board, or similar activity where you can communicate with other users of our Site or post your own Content.
12. RESTRICTIONS ON USE OF MATERIALS
You acknowledge that this Site contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, industrial designs, trade-marks, trade secrets and/or other intellectual property or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under copyright laws (and, if applicable, similar foreign laws). All trade-marks appearing on this Site are trade-marks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Site. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other Site or networked computer environment is strictly prohibited unless you receive our prior written consent.
13. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are solely responsible for all Postings that you post, email or otherwise transmit to this Site. We do not control the Postings posted, emailed or otherwise transmitted on our Site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Site (as described below), you understand that by using this Site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Site.
You agree not to use this Site (including any Community Areas) to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of an other's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to, any user of this Site, a director, officer, employee, shareholder, agent or representative of It’s Time or our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with It’s Time, our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Site;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade-mark, trade secret, copyright, industrial design, right of privacy or publicity or other intellectual property or proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas of this Site, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area (or other portion of this Site) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Site;
- Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, any regulations having the force of law;
- "Stalk" or otherwise harass another user of this Site or employee of It’s Time or our affiliates; or
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Site (including user names and passwords) or about any other third party; or
- Access or attempt to access another user’s account without his or her consent.
Your privilege to use this Site (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of this Subscription Agreement, we may terminate, in our sole discretion, your use of, or participation in, any Community Areas.
This Agreement applies only to this Site, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
16. THIRD-PARTY PRODUCTS AND SERVICES
You may order services, merchandise or other products through our Website from other parties (collectively, the "Third-Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third-Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third-Party Sellers. We make no representations or warranties whatsoever with regard to any services, merchandise and other products provided by the Third-Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to transactions with Third-Party Sellers.
17. DISCLAIMERS OF CONDITIONS AND WARRANTIES
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF CONDITIONS AND WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS) ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER IT’S TIME, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS SITE OR ANY FUNCTION CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS).
NEITHER IT’S TIME, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS) IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS) ON THIS SITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS); (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR SITE (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS); OR (F) ANY OTHER MATTER RELATING TO THIS SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend It’s Time and our affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of this Site or our products or offerings (including, without limitation, the Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
20. GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
21. CONTACT INFORMATION
Phone: 1- 844-752-TIME and email: email@example.com
22. MISCELLANEOUS TERMS
In any action against us arising from the use of this Site (including, without limitation, the Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
23. CHOICE OF LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only.