OpenScheduler Terms of Service

Acceptance of Terms

Center for Advanced Public Safety Information Technologies, Inc. (referred to here as "CAPSIT") provides its Service (as defined below) to you subject to this Terms of Service agreement ("TOS"). CAPSIT may update this TOS from time to time and you can review the most current version of the TOS at any time at http://www.CAPSIT.com/terms. By signing up to use the Service, you signify your binding acceptance of the TOS and you represent that you are of legal age to form a binding contract.

Description of Service

The "Service" includes (a) the CAPSIT.com web site (the Site), (b) the services provided by the Site and by the API made available via the Site, and (c) all data, text, images, sounds, video, content, programming and software made available through the Site or services, or developed via the CAPSIT API. Any new features added to or augmenting the Service are also subject to this TOS.

General Conditions

You understand that CAPSIT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service to falsely imply that it is associated with CAPSIT.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CAPSIT.

CAPSIT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by CAPSIT), we reserve the right to immediately disable your account. Abuse or excessively frequent requests to the Service may result in the temporary or permanent suspension of your account. CAPSIT, in its sole discretion, will determine abuse or excessive usage. CAPSIT will make a reasonable attempt via email to warn the account owner prior to suspension.

The failure of CAPSIT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and CAPSIT and govern your use of the Service, superseding any prior agreements between you and CAPSIT (including, but not limited to, any prior versions of TOS).

Payment and Refunds

Payment is not required for signing up for a free trial account.

If you initially sign up for a free trail and you don't provide payment after the 30 days trial period, your account will be cancelled at the end of the trial-period, and you will potentially lose all of your data.

If you provide payment before the end of your 30-day trial you will be billed annually starting on the 31st day after your account was initially created.  The Service is billed in advance on an annual basis and is refundable on a pro-rated basis.  Refunds are pro-rated only for the months not used, any use after the 1st day of the month will be billed for the entire month.  

Other than for cancellation of service, there will be no refunds or credits for partial months of service, temporary service interruptions, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Cancelling your account may cause the loss of content, features, or capacity of your account. CAPSIT does not accept any liability for such loss. Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time.

Cancellation and Termination

You are solely responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by notifying CAPSIT Support via e-mail or the online support ticket system. There are no other means of canceling your account. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

CAPSIT, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account. CAPSIT reserves the right to refuse service to anyone for any reason at any time.

Disclaimer of Warranties

By signing up to use this Service, you understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, CAPSIT expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
CAPSIT does not warrant that the Service will meet your specific requirements, that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from CAPSIT or through the Service shall create any warranty not expressly stated in this TOS.

Limitation of Liability

You understand and agree that CAPSIT shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if CAPSIT has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of CAPSIT shall not exceed an amount corresponding to your monthly fee.

Assignment

This TOS and the rights and licenses it grants or receives may be assigned or transferred by CAPSIT without restriction.