PLEASE READ THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS, INCLUDING ANY AMENDMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH BOOKING TOOL PROVIDES YOU WITH VARIOUS SERVICES.
Please read this Agreement carefully before accessing and/or using the Application. By accessing or using any part of the application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Application or use any services. If these terms and conditions are considered an offer by Booking Tool, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
If you create an account on the Website, you are responsible for maintaining the security of your account, and for all activities that occur under the account, and any other actions taken in connection with the account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade in the name or reputation of others; Booking Tool may change or remove any data or content that it considers inappropriate or unlawful, or otherwise likely to cause Booking Tool liability. You must immediately notify Booking Tool of any unauthorized use of your account, or any other breaches of security. Booking Tool will not be liable for any acts or omissions by You, including any damages of any kind incurred because of such acts or omissions.
You will be responsible for the confidentiality and use of your account(s), username(s), password(s). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting, and other data including any Content (“Electronic Communications”) entered through or under your account number(s), password(s) or username(s). Booking Tool will act as though any Electronic Communications it receives under your account number(s), password(s) or username(s) will have been sent by you. You agree immediately to notify Booking Tool if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).
If you collaborate with any third parties on your account that provide Content, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party.
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
You have fully complied with any third-party licenses relating to the Content and have done all things necessary to successfully pass through to end users any required terms.
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
The Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Booking Tool or otherwise.
By submitting Content to Booking Tool for inclusion on your Account, you grant Booking Tool a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Booking Tool will use reasonable efforts to remove it from the Application, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Booking Tool has the right (though not the obligation) to, in Booking Tool’s sole discretion (i) refuse or remove any content that, in Booking Tool’s reasonable opinion, violates any Booking Tool policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application to any individual or entity for any reason, in Booking Tool’s sole discretion. Booking Tool will have no obligation to provide a refund of any amounts previously paid.
Services beyond any trial time periods are available on the Application via paid subscriptions. By selecting a subscription plan, you agree to pay Booking Tool the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Subscription fees and Setup fees are not refundable.
Unless you notify Booking Tool before the end of the applicable subscription period that you want to cancel a Subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time by emailing Booking Tool at email@example.com with a cancellation request.
Booking Tool has not reviewed, and cannot review, all the material, including computer software, posted to the Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Application, Booking Tool does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Booking Tool disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which Booking Tool links, and that link to Booking Tool. Booking Tool does not have any control over those non-Booking Tool websites and webpages and is not responsible for their contents or their use. By linking to a non-Booking Tool website or webpage, Booking Tool does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Booking Tool disclaims any responsibility for any harm resulting from your use of non-Booking Tool websites and webpages.
Booking Tool respects, the intellectual property of others, and we ask our users to do the same. Booking Tool may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Booking Tool’s Copyright Agent for the information it will require. Booking Tool’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: by email addressed to firstname.lastname@example.org.
This Agreement does not transfer from Booking Tool to you or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Booking Tool. BookingTool.com, BookingTool.net (including all sub-domains), GPSTrackingTool.com, and the Booking Tool logo, and all other trademarks, service marks, graphics and logos used in connection with BookingTool.com, or the Website are trademarks or registered trademarks of Booking Tool or Booking Tool’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Booking Tool or third-party trademarks.
Booking Tool reserves the right to display attribution links such as ‘Powered by Booking Tool’. Footer credits may not be altered or removed regardless of subscriptions purchased.
Booking Tool reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Booking Tool may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Booking Tool may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Booking Tool account (if you have one), you may simply discontinue using the Website and end any active subscriptions. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOOKING TOOL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BOOKING TOOL AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICES (i) WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) WILL PROVIDE THE RESULTS THAT OBTAINED FROM THE USE OF THE SERVICES TO BE ACCURATE OR RELIABLE, AND (iv) WILL PROVIDE THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES TO MEET YOUR EXPECTATIONS. BOOKING TOOL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. BOOKING TOOL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE
SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICES, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ADD-ON FEATURES THROUGH THE SERVICES ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL.
BOOKING TOOL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY BOOKING TOOL. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKING TOOL OR THROUGH OR FROM THE SERVICES OR ADD-ON FEATURES THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
In no event will Booking Tool, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Booking Tool under this agreement during the twelve (12) month period prior to the cause of action. Booking Tool shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND BOOKING TOOL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Booking Tool agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
For us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Booking Tool, 1200 Route 22 East, Suite 2000-2215, Bridgewater, NJ 08807