Terms Of Use

© COPYRIGHT 2016 Prime Time ALL RIGHTS RESERVED.

Last Updated on April 26, 2016

YOUR ACCEPTANCE OF THE TERMS OF USE.

Welcome to Prime Time, LLC! The website Primetimescheduler.com (the “Site”) is brought to you by PRIME TIME, LLC. (“PRIME TIME” “we,” “us,” or “our”). This user agreement sets forth the “terms and conditions” which govern your use of the Site and of the services and features made available on or through the Site (as further described in Section 2.B below and including, but not limited to the “Registered User Services,” the “Services”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “Terms of Use,” or the “Agreement”) CAREFULLY BEFORE USING THIS SITE AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND PRIME TIME AND GOVERN YOUR ACCESS TO THE SITE. BY ACCESSING OR USING THIS SITE AND/OR THE SERVICES IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OUR PRIVACY POLICY (“THE PRIVACY POLICY”); AND (3) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR SERVICES AND EXIT NOW. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SITE AND/OR SERVICES NOW, OR FOLLOWING THE POSTING OR NOTICE OF ANY CHANGES TO THE TERMS OF USE OR PRIVACY POLICY WILL INDICATE YOUR ACCEPTANCE OF THOSE CHANGES.

SITE USERS.

  • Registered Users: To become a registered user of the Site (“Registered User”) and to access the password-restricted areas of the Site and the Registered User Services (as defined in Section 2 B below), You must read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use and the Privacy Policy. You may become a Registered User of the Site, by completing and submitting the registration as either a parent user, teacher, or student on the Site. Without limiting the foregoing, the password-restricted areas of the Site and the Registered User Services are not available to temporarily or indefinitely suspended Registered Users or to persons under 18 years of age.

USE OF CONTENT AND SERVICES AVAILABLE THROUGH THE SITE.

  • The Site contains a wide variety of Content (defined below), whether (1) proprietary to PRIME TIME, or (2) proprietary to third parties, such as Content uploaded, submitted, posted, or otherwise published on the Site by a Registered User, generated by a Registered User, and/or transmitted by a Registered User through the Site (collectively, “Registered User Content”), or Content proprietary to our commercial partners. “Content” includes, but is not limited to text, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you may view or access through the Site, and Registered User Content. You understand that PRIME TIME does not control the Content posted by Registered Users or other third parties on the Site (including the content of any messages, descriptions, or titles), and does not guarantee the accuracy, safety, integrity or quality of such Content. You further understand and agree that you may be exposed to Content that is offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PRIME TIME with respect thereto. Under no circumstances will PRIME TIME be liable in any way for any Content, including any errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.
  • Through the Site, we offer Registered Users only, access to an online, parent-teacher scheduling and collaboration system that allows parents, teachers, and event organizations to post, book and manage communication and collaboration between each other by using our proprietary scheduler and system notification emails and reminder tools (“PRIME TIME SCHEDULER Tools”) (collectively, the “Registered User Services”).
  • Restrictions on Your Use of Content. The following restrictions apply to your use of Content:
    • The Content and the trademarks, services marks and logos on the Site are owned by or licensed to PRIME TIME, subject to copyright and other intellectual property rights under the law.
    • Content is provided to You AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Site and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party's intellectual property rights, or other proprietary right or rights of publicity in or to the Content. All rights not expressly granted herein by PRIME TIME, LLC and/or its licensors to you are reserved by PRIME TIME, LLC and/or its licensors.
    • You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site or contained in a file that is uploaded to the Site.
  • Restrictions on Your Rights to Use the Site/Materials. You agree that you shall not (and you agree not to allow any third party to): (i) access or use the Site and/or the Materials (as defined in Section 3A below) in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement and our Privacy Policy; (ii) attempt to disrupt the operation of the Site through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming; (iii) use the Site/Materials in any manner that could damage, disable or impair our services or networks; (iv) attempt, through any means, to gain unauthorized access to the Site, Services, to a Registered User’s account, and/or any computer systems or networks, through hacking, password mining or any other means; (v) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) use any robot, spider, site search/retrieval application, or other device to access, retrieve, screen scrape, screen surf or employ any other data scraping method, or index any portion of the Site/Services/Materials for any purpose. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited; (vii) create a Registered User account by automated means or register as a Registered User under false or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as "spam" to Registered Users or otherwise interfere with Visitors and/or Registered Users’ enjoyment of the Site; (ix) reformat or frame any portion of the web pages that are part of the Site; (x) use the Site/ Materials to defame, abuse, harass, threaten or otherwise violate the rights of others; (xi) use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure or that may otherwise interfere with the functioning of the Site/Services; (xiii) access or otherwise use any aspect of the Site/ Materials if you are not in compliance with the age requirements; (xiv) create liability for Prime Time, LLC or cause Prime Time, LLC to lose (in whole or in part) the services of its information technology partners or other suppliers; (xv) use the Site/Materials, intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xvi) collect or store Personal Information (as defined in our Privacy Policy) about Users in connection with any of the prohibited activities described in this paragraph.

PROPRIETARY RIGHTS RESTRICTIONS.

  • All material on the Site, including, but not limited to, Content, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, PRIME TIME SCHEDULER Tools, or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Prime Time, LLC or other parties that have licensed their material to Prime Time, LLC, and are protected by copyright, trademark, and other intellectual property laws. All Prime Time, LLC trademarks and service marks, logos, slogans and taglines are the property of Prime Time, LLC. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as specifically permitted in our Studio Usage Guidelines, nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of Prime Time, LLC, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
  • Except as otherwise specifically permitted herein or in the agreement presented to and accepted by Registered Users that are consumers (the “Parent User Agreement”) or by Registered Users that are Teachers or Event Managers (“Teachers/Event Managers User Agreement”), the Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Prime Time, LLC or such third-party that owns the Materials. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than as specifically permitted herein or in the applicable Registered User agreement without the prior consent of Prime Time, LLC or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

MODIFICATIONS TO THESE TERMS OF USE AND OUR SITE AND/OR SERVICES.

You agree and understand that the terms of this Agreement, the Site, and/or the Services may be modified by us at any time in our sole discretion without prior notice, and such modifications will be effective immediately upon our posting of the new terms and/or upon implementation of the new changes to the Site and/or Services. You acknowledge that Prime Time, LLC reserves the right to discontinue the Services, or any features, functionality or services provided as part of or in connection with the Site and/or the Services, and to remove Content that violates the requirements set forth in this Agreement, without prior notice. While the Site is currently free of charge, you acknowledge that Prime Time, LLC reserves the right to charge for aspects or additions to the Site and/or Services in the future. You agree to review this Agreement periodically so that you are aware of the most current rights and obligations which apply to your agreement with us. Your continued use of the Site and/or the Services after any modifications indicates your acceptance of the modified Agreement. The most current version of this Agreement can be accessed at any time by selecting the Terms of Use link on the bottom of any page on the Site. You understand that the Content is provided as a courtesy to our Registered Users and that we may suspend or terminate all or a portion of the Site and/or Services at any time in our discretion without notice to you. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

VISITOR/USER SUGGESTIONS.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Prime Time, LLC (“Comments”) are not confidential and you hereby grant to Prime Time, LLC a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

COPYRIGHT COMPLAINT POLICY.

If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints.

LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT.

This Site contains links to other web sites owned by third parties, including sites maintained by our advertisers. Please note that when you click on any of these links, you are entering another web site for which Prime Time, LLC has no responsibility or control. You agree that Prime Time, LLC shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

 

DISCLAIMER OF WARRANTY.

ACCESS TO THE SITE, THE SERVICES, THE MATERIALS, AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Prime Time, LLC AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER Prime Time, LLC NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES Prime Time, LLC AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES OR DOWNLOADED THEREFROM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES AND YOUR RELIANCE UPON THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, THE SERVICES OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. FURTHER, Prime Time, LLC AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE OR THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.NEITHER Prime Time, LLC NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM Prime Time, LLC OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY.

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF Prime Time, LLC OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE Prime Time, LLC AND HOLD Prime Time, LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

EXCLUSIVE REMEDY.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, THE MATERIALS AND/OR THE TECHNOLOGY. UNDER NO CIRCUMSTANCES SHALL Prime Time, LLC, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS, ANY INFRINGEMENT BY THE MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE ,THE SERVICES OR ANY OF MATERIALS OR TECHNOLOGY AVAILABLE THEREON. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

TERMINATION/EXCLUSION.

We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site for any reason or for no reason whatsoever, including improper use of this Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Prime Time, LLC shall not be liable to you or any third party for any termination of your access to the Site and/or to any Materials therein.

INDEMNIFICATION.

You agree to indemnify, hold harmless, and defend Prime Time, LLC and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Site, the Services or any of its Materials or technology, or any breach or violation of these Terms of Use by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

MISCELLANEOUS.

  • THE FORMATION, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE COMMONWEALTH OF NEW YORK WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Westchester, New York, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
  • You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to Prime Time, LLC as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Prime Time, LLC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Prime Time, LLC in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
  • In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.
  • Accessing password-protected areas of the Site and using the Services requires that you agree to additional terms associated with particular aspects of the Site, such as the User Agreement, the Practitioner/Organization User Agreement, as applicable. The Terms of Use, the User Agreement, and the Practitioner/Organization User Agreement, as applicable, shall apply equally; however, if there is irreconcilable difference between these Terms of Use and the User Agreement or the Practitioner/Organization User Agreement, the User Agreement or the Practitioner/Organization User Agreement, as applicable in each case, shall apply. Please be sure to review the User Agreement, or the Practitioner/Organization User Agreement, as applicable, before accessing the password-protected areas of the Site and using the Services.
  • A printed version of this Agreement and of any related Notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.