Date of Last Revision: July 28, 2011
1. Accepting the Terms
By using the information, tools, features and functionality located on LazyMeter.com (together the “Service”), you agree to be bound by this Agreement with BALANCEWARE LLC. This agreement is valid whether you are a “Visitor” (which means that you simply browse the LazyMeter website) or you are a “Member” (which means that you have registered with LazyMeter). The term “you” or “User” refers to a Visitor or a Member. Summary
- You must be 13 years or older to use this Service.
- You must be a human who registers your own account manually.
- You must provide a valid email address.
- Your login must only be used by one person and not shared by multiple people.
- You are responsible for keeping your login and password secure.
- You must not transmit any worms, viruses or malicious and destructive code.
- You must not, in the use of LazyMeter, violate any laws in your jurisdiction (including but not limited to copyright laws).
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
3. Description of the Service
LazyMeter is a free task management application from BALANCEWARE LLC. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. LazyMeter disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. BALANCEWARE LLC also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
4. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and password, together with any other contact information you provide, form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify LazyMeter immediately using the contact form.
5. Personal Use
The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. LazyMeter reserves the right to refuse service to anyone at any time without notice for any reason. You are only entitled to access and use LazyMeter for lawful purposes. Your access and use of LazyMeter may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of LazyMeter.com or other actions that BALANCEWARE LLC, in its sole discretion, may elect to take.
6. Email Notifications
LazyMeter may from time to time provide email notifications, for example to confirm a change in your registration information. Voluntary notifications may be turned on by default as part of the Service, but may be customized according to your preferences. Notifications will be sent to the email address you provided during registration. If your email address changes, you are responsible for informing us of that change. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future voluntary notifications.
7. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content through the Service, you are licensing that content to BALANCEWARE LLC solely for the purpose of providing the Service. BALANCEWARE LLC may use and store the content, but only to provide the Service to you. By submitting this content, you represent that you are entitled to submit it to BALANCEWARE LLC for use for this purpose, without any obligation by BALANCEWARE LLC to pay any fees or other limitations. For purposes of this Agreement and solely to provide 3rd party Account Information to you as part of the Service, you grant LazyMeter a limited power of attorney, and appoint LazyMeter as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN LazyMeter IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, LazyMeter IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
8. Intellectual Property Rights
Balanceware’s Intellectual Property: You acknowledge that BALANCEWARE LLC owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the “LazyMeter Rights”), and such LazyMeter Rights are protected under both United States and other applicable copyright, trademark and other laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Your Intellectual Property. BALANCEWARE LLC does not claim any ownership in any of the content that you upload, transmit or store in your LazyMeter account. We will not use any of your content for any purpose except to provide you with the Service.
9. Access and Interference
You agree that you will not: Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor LazyMeter.com or any portion of LazyMeter.com, without BALANCEWARE LLC’s express written consent, which may be withheld in BALANCWARE LLC’s sole discretion; Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search LazyMeter.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of LazyMeter.com or the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of LazyMeter.com or the Service.
10. Site Content & Links
Much of the content on this site is provided by the users of the Service. BALANCEWARE LLC has no responsibility for such content and is providing access to all content as a service to our users. BALANCEWARE LLC has no obligation to monitor the content and information posted on the site, and does not endorse the truthfulness, accuracy, or reliability of any information posted on the site. We also do not endorse any opinions that may be expressed on the site. You agree that any reliance you have on information posted on the site will be at your own risk. Our web site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the web site of the contents on these third-party web sites. The web site is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
11. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH LAZYMETER.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BALANCEWARE LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF LAZYMETER.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BALANCEWARE LLC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON LAZYMETER.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BALANCEWARE LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
12. Limitations on BALANCEWARE LLC’s Liability
BALANCWARE LLC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO LAZYMETER.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF BALANCWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BALANCEWARE LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
13. Your Indemnification of BALANCEWARE LLC
You shall defend, indemnify and hold harmless BALANCEARE LLC and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
BALANCEWARE LLC may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the LazyMeter.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
15. Governing Law and Forum for Disputes
This Agreement, and your relationship with BALANCEWARE LLC under this Agreement, shall be governed by the laws of the State of Washington without regard to its conflict or choice of laws provisions. Any dispute with BALANCEWARE LLC, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Washington within the county of King, Washington, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case BALANCEWARE LLC may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, BALANCEWARE LLC is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with BALANCEWARE LLC, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
16. Contacting LazyMeter
If you have any questions about terms of service, please contact us through the form at http://support.lazymeter.com. LazyMeter is a service created and maintained by BALANCEWARE LLC, a Washington Limited Liability Corporation. We accept postal mail at PO BOX 14534, San Francisco CA 94114. LazyMeter may change its Terms from time to time, and in BALANCEWARE LLC’s sole discretion.