TIME TO REPLY TERMS AND CONDITIONS
By signing up for a free trial and/or becoming a paying customer you are agreeing to our End User License Agreement.
Terms and Conditions
Welcome to the timetoreply.com website (the “Website”). This Website is provided solely to assist customers in monitoring the speed at which they respond to web-generated leads, posting opinions of time and performance related issues, engaging in interactive speed or response forums and for no other purposes. The terms “we”, “us”, “our” and “timetoreply” refer to Time to Reply Limited, a company incorporated in the United Kingdom and/or its subsidiaries, associate or affiliate companies. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditional upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a timetoreply.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. Timetoreply does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, violation of this Agreement.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- (i) use this Website or its contents for any commercial purpose;
- (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of this Website for any purpose without our express written permission; or
- (vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by timetoreply in connection with the Website or the services
Accuracy and Security
We seek to maintain reasonable security measures in order to attempt to protect against the loss, misuse or unauthorized access of the personally identifying information under our control. Although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted through or stored on the Site or the Service (including any computers, servers, storage devices or other computer or telecommunications infrastructure used in providing the Service, whether owned or operated by us or any third party).
We strive to take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our website visitors. Any personal information we retain under our control is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees.
Timetoreply account holders agree to keep their Sign-in IDs and passwords secret to prevent unauthorized access and use of their accounts. If you are a Timetoreply account holder and have set your “Auto Sign-in” setting to populate your password and Sign-in ID automatically, please make sure you change the setting to [Auto Sign-in Off] before you let anyone else use your account or give your device to anyone else. You are responsible for all use of the Service under your account.
We have engaged 3rd party subscription providers to handle all aspects of your financial transactions involved with purchasing the Timetoreply products. We do not represent and/or warrant the security or anything else regarding their systems. If you wish to review their security setup you can do that here http://www.stripe.com.
THE SITE AND THE SERVICE ARE PROVIDED ‘AS IS’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TIMETOREPLY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TIMETOREPLY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TIMETOREPLY TAKES NO RESPONSIBILITY FOR THE CONTENT OF ITS USERS’ DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TIMETOREPLY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER INFORMATION SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIMETOREPLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT TIMETOREPLY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. TIMETOREPLY, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “TIMETOREPLY GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE SPEED OF RESPONSE AND ANY OTHER WEB PERFORMANCE-RELATED PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, GENERAL PRODUCT DESCRIPTIONS, ETC.).
TIMETOREPLY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TIMETOREPLY. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TIMETOREPLY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM TIMETOREPLY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMETOREPLY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL TIMETOREPLY (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TIMETOREPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of timetoreply.
You agree to defend and indemnify timetoreply and its subsidiaries, associates or affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than timetoreply. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on timetoreply to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote timetoreply’s services, websites, partners and other products available Worldwide. Timetoreply makes no representation that materials on the timetoreply websites are appropriate or available for use in all countries Worldwide. Those who choose to access the timetoreply Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Any software that is made available to download from the timetoreply websites (“Software”) is the copyrighted work of timetoreply, or timetoreply Associates or Affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software is owned by timetoreply, and/or its associates or affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2016 Time to Reply Limited. All rights reserved. Timetoreply is not responsible for content on websites operated by parties other than timetoreply. Timetoreply, the Rabbit logo and all other product or service names or slogans displayed on the Site are common law trademarks of Time to Reply Limited and may not be copied, imitated or used, in whole or in part, without the prior written permission of timetoreply or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of timetoreply and may not be copied, imitated or used, in whole or in part, without the prior written permission of timetoreply. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by timetoreply. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
We reserve the right to disconnect any mailboxes where the volume of emails is causing harm to our system.
You Should Have Backups
Timetoreply doesn’t send or receive mail. We monitor your email account and measure your response times. At no point do we take possession of the email.
Therefore, we are not responsible for your email in any way.
Timetoreply does not participate in sending or receiving your email. We simply monitor your Inbox and measure your response times. Email messages that are processed by the Service are resident on your server and it is your email server that takes all actions on your email. The User, and not Timetoreply, is responsible for maintaining appropriate backups of the email accounts used in connection with the Service.
If you are not happy with our service, we hope you’ll tell us. We will try to fix anything about timetoreply™ that doesn’t leave you completely thrilled. If we can’t, we’ll happily refund the amount within 30 days of purchase.
After 30 days, you are able to cancel at any point in time, however no refunds will apply for unused time.
There is no lock in contract and you can cancel your timetoreply™ subscription at any point in time by deleting your account from your timetoreply™ dashboard.
This Website is controlled by a British entity and this Agreement is governed specifically by the laws of the United Kingdom. You hereby consent to the exclusive jurisdiction and venue of courts in the United Kingdom and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against timetoreply arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the United Kingdom. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and timetoreply and/or Affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and timetoreply with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and timetoreply with respect to this Website. A printed version of this Agreement and of any 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.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.