If you have questions or concerns regarding this Agreement, you should first contact Desktime at info@Desktimeapp.com and fully resolve such before you utilize this Website in any manner. In addition to your formal acknowledgment, your access to the Website and/or use of Services constitutes your agreement to be bound by the terms of this Agreement.
Desktime may assign its rights and obligations under this Agreement as a result of any sale, merger, or other transfer, in whole or any part, of Desktime, and/or to any parent, subsidiary, or any affiliate. Customer may not assign any rights and obligations hereunder.
This Agreement constitutes the entire agreement between the Customer and Desktime; there exist no verbal or other written agreements, promises, and/or inducements. If any provisions of this Agreement are determined invalid or unenforceable, the subject provision shall be reformed to reflect, as nearly as possible, the original intentions of the parties as consistent with applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.
Desktime is an Illinois limited liability company. Certain activities may be conducted in various jurisdictions by other companies with which Desktime may from time to time contract or be affiliated. Any and all claims and demands of a Customer shall be exclusively limited to the entity of Desktime and/or such other limited liability entities involved in providing particular Services. In no event shall any claims and/or demands by made upon, and/or liabilities or judgments attach to, the respective officers, shareholders, members, partners, employees, and/or agents of Desktime and/or such other limited liability entities involved in providing particular Services.
Last Updated: 29 May 2012
It is expressly understood and agreed that the Services of Desktime are strictly limited to the Website, and that such Services shall not include any and all services offered and/or provided to a Customer by any third-parties, including but not limited to landlords, brokers, tenants engaging in subtenant transactions, and any and all other persons associated therewith (“Providers”). Desktime maintains no control or oversight over any Providers and Providers’ services and can neither warrant or guarantee nor be liable for such in any manner. No contract, agreement, or other arrangement, whether written, verbal, implied, statutory or otherwise, between a Customer and a Provider shall be deemed to obligate Desktime in any manner, extent, or degree and Desktime expressly disclaims such.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Desktime shall not be liable for your interactions with any organizations and/or individuals found on or through the Desktime service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Desktime. Desktime is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Desktime is under no obligation to become involved in disputes between site members and any third party. In the event of a dispute, you release Desktime, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
From time to time clients of Customer may contract with Customer for provision of services by Customer (by example and not limitation, use of office space, conference rooms, lockers, telephones, keycards, and other items) (“Customer Client Services”). The Desktime Services may from time to time include the functionality of collecting and storing credit card and similar information from Customer’s clients. A further functionality may include the ability to initiate a charge upon that credit card or similar account for Customer Client Services ordered by a Customer client, based upon the Customer fees and rates then in effect. Customer shall ensure that it complies with the terms of agreement between Customer and its client in the timing and amount of such charge, including but not limited to whether such charges may be made without such client’s separate consent for each item of Customer Client Services, and indemnify, defend, and hold Desktime harmless from any breach of such agreement, credit or debit card processing and/or issuing agreements, and/ or violation of applicable law.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY YOU AND/OR ANY PERSON CLAIMING BY OR THROUGH YOU.
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
By using the Services, you consent to receive from Desktime all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Desktime may provide such electronic Contract Notices by posting them on the Desktime Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Desktime Site and Services.
Last Updated: 16 September 2013
MYS Services integrate with [Stripe] to allow you to accept credit card payments. Stripe automatically subtracts [their fees] before you’re paid. Each day’s charges will arrive in your bank account seven days later. For more information about payments from Stripe, see https://stripe.com/help/transfers. Effective 1 September 2013, Desktime shall charge a fee for the MYS Services available on the Site; such fee shall be equivalent to 2.5% of revenue you earn based on any bookings or other charges to your customers occurring through the Site (including deposits, and without regard to any later booking refunds) (“Booking Fee”). You must maintain a valid credit card on file with Desktime to use the MYS Services. By using the MYS Services to manage your space, you are agreeing to pay Booking Fees to Desktime with respect to such Services and expressly consent and authorize Desktime to charge your credit card on file for such Booking Fees. You will receive a monthly statement of Booking Fees due and payable to Desktime for bookings during the prior month. Billing for Booking Fees shall be automatically processed monthly on the 7th of each month, commencing 7 September 2013. In the event you fail to provide or maintain a valid credit card on file with Desktime, Desktime shall provide you with email notification of such, and if you fail to remedy the situation within 7days, Desktime may suspend or terminate your access to the Services. You may cancel your account at any time; any outstanding Booking Fees earned prior to termination will be immediately invoiced and charged to your credit card.
By providing your credit card information and using the MYS Services, you consent to the supplemental terms applicable to the MYS Services.
Last Updated: 16 September 2013