Terms of Use

These Terms of Use apply to Applicants and Visitors as defined below, access and use of the Services. Applicants and Visitors are referred to as “You” in these Terms of Use. In the event You are a Landlord, Agent, or Property Manager, Your use of the Property Manager Services shall be governed by the Schedularly Master Services Agreement. Additionally, Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and You understand and agree that by using or participating in any such Services, You agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to You and any charges, taxes, and fees we bill You. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Our Services.

Through the Site, Schedularly makes available a platform (“Platform”) which allows (1) individuals (“Applicants”, "Prospectives" and "Tenants") to create a Schedularly account through which they can schedule a tour, or, following a lease application, obtain other services as made available by Schedularly (“Applicant Services”); and, (2) businesses, including landlords and/or their agents, that manage or rent properties (“Property Managers”) to obtain and manage information about individual Applicants, manage internal workflows, and access other features made available by Schedularly (“Property Manager Services”). The Site, Applicant Services, and the Platform are collectively referred to as the “Services” herein. Anyone visiting the Site or exploring the Platform (“Visitors”) may find out more information about Schedularly and its products and services.

2. Your Account.

In order to access all of the Services, You may need to register an account with Schedularly. If You choose to register an account with Schedularly, You agree that You are entering into a relationship with Schedularly. You agree to provide accurate and complete information to Schedularly in order to register Your account and when You use the Services. Schedularly reserves the right to refuse to register an account for any reason in its sole discretion. You agree that Your use of the Services will solely be in compliance with these Terms of Use. Any use of Your account that violates these Terms may result in immediate termination of Your account.

You agree that You are responsible for maintaining the confidentiality of any log-in credentials provided or created by You to access Your account. You may not select as Your Schedularly account ID a name that You do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer Your account to anyone else without our prior written permission. You agree that You will not share such log-in credentials. You understand that You are responsible for any acts associated with Your account. You agree that You will immediately notify Schedularly of any unauthorized use of Your log-in credentials or other breach of security known to You.

3. Your Use as Assent.

Your use of the Site, Platform, information, materials, features, graphics, arrangement(s), design, text, documents, code, files, images, videos, audio, and any other materials accessed through or made available for use or download through the Services is Your acceptance of these Terms of Use. The Services, including any updates, enhancements, or new features, are available to You subject to the Terms of Use.

4. Modification and Your Continued Use as Assent to Modified Terms.

These Terms of Use are subject to change at any time, without notice. Any Information is effective as of the date noted. Schedularly has no obligation or responsibility to update or amend any information provided on the Site. Schedularly reserves the right to terminate and the right to modify any of the Services in whole or in part at any time, without prior notice. You agree to review the Terms of Use periodically to ensure that You are aware of any changes. If You continue to use any portion of the Services after an update to the Terms of Use are effective, You agree to the Terms of Use as modified.

Additionally, we are always trying to improve Our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will attempt to give You notice when we make a material change to the Services that would adversely affect You, but this may not always practical nor feasible. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges You contributed that Content in violation of these Terms), in our sole discretion, and without notice.

5. Eligibility to Use the Site.

You may access the Services and print pages from the Services only for personal and non-commercial purposes, and not on behalf of or for the benefit of any third party. Any unauthorized or illegal use of the Site or the Services is strictly prohibited. Schedularly does not knowingly collect personal information from any child under the age of 13 or requiring parental consent at this Site.

Additionally, the Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if You are a child under 13 years of age or require parental consent, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If You believe that a child under 13 years of age may have provided us personal information, please contact us at legal@schedularly.com.

You represent and warrant that You have the legal right and ability to enter into these Terms of Use, that You are old enough to be considered an adult under the laws of Your state (for most jurisdictions this age is 18 years old) or have been granted the same rights as a legal adult by a court, that You are a resident of the United States, and that You will use the Site in accordance with these Terms of Use. While the Site may be accessed from countries other than the United States, Schedularly does not provide Services outside of the United States and the Site is not meant to be used outside of the United States. You represent and warrant that You will not export or re-export the Services into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. If Your use of the Services is prohibited by applicable laws, then You are not authorized to use the Services. We cannot and will not be responsible for Your using the Services in a way that breaks the law.

6. Intellectual Property.

The Services and all data associated with the provision of the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are the property of Schedularly and/or, to the extent applicable, its licensors. The Services, Content and all intellectual property pertaining to or contained in the Services is protected by United States copyright and trademark laws and other applicable intellectual property laws. You are expressly prohibited from copying, distributing, modifying, reproducing, publishing, or using the Services in whole or in part in any manner not expressly authorized in the Terms of Use or approved, in writing, by Schedularly. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content You access through the Services, and You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by You, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Schedularly's) rights

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Schedularly owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow You to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

7. Use of the Services.

You agree that You may use the Services only as described above in Section 1 (Our Services). A violation of any of the following is grounds for termination of Your right to use or access the Services. You agree that You will not conduct any of the following activities and You will not enable or assist a third party in conducting any of the following activities:

• use any bots, worms, deep-links, page or screen scrapes, robots, spiders, automatic or manual devices on the Site or any Services. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site.
• run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while You are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
• duplicate, reproduce, sell, resell, use, store, or exploit the Services, the Content, or the Site.
• use the Site or the Services in any way that violates applicable law, statute, regulation, or ordinance or breach of the Terms of Use or other agreement You have with Schedularly.
• misrepresent Your identity, impersonate any other person, or provide any false or misleading information about Your identity or circumstances.
• transmit any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law.
• jeopardize the security of Your Schedularly account or login credentials or anyone else’s (such as allowing someone else to log in to the Services as You).
• attempt, in any manner, to obtain the password, account, or other security information from any other user.
• violate the security of any computer network, or cracks any passwords or security encryption codes.
• reverse engineer, disassemble, or decompile the Services or attempt to derive the source code, source files, or structure of the Services or the Site.
• access the Services to build a competitive product or service.
• duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, the Content, the Services, or any portion of the Site, Content, or Services for any public or commercial use without the express written consent of Schedularly.
• Use any of the logos, trademarks, service marks, or other indicators of origin appearing anywhere on the Services.

Any information or Content transmitted through the Services is the sole responsibility of the person from whom such Content originated, and You access all such information and Content at Your own risk, and we are not liable for any errors or omissions in that information or Content or for any damages or loss You might suffer in connection with it. We cannot control and have no duty to take any action regarding how You may interpret and use the Content or what actions You may take as a result of having been exposed to the Content, and You hereby release us from all liability for You having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom You interact in using the Services and are not responsible for which users gain access to the Services

You are responsible for all Content You contribute, in any manner, to the Services, and You represent and warrant You have all rights necessary to do so, in the manner in which You contribute it.

8. Fees.

The Services may be free or we may charge a fee for using the Services. If You are using a free version of the Services, we will notify You before any Services You are then using begin carrying a fee, and if You wish to continue using such Services, You must pay all applicable fees for such Services.

• Paid Services.Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to You in the process of using or signing up for a Paid Service are deemed part of these Terms.
• Billing.We use a third-party payment processor (the “Payment Processor”) to bill You through a payment account linked to Your account on the Services (Your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and You authorize us, through the Payment Processor, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
• Payment Method.The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If we, through the Payment Processor, do not receive payment from You, You agree to pay all amounts due on Your Billing Account upon demand.
• Current Information Required.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING SUPPORT@SCHEDULARLY.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
• Change in Amount Authorized.If the amount to be charged to Your Billing Account varies from the amount You preauthorized (other than due to the imposition or change in the amount of state sales taxes), You have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement You have with Your payment provider will govern Your use of Your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

9. Accurate Information on Your Application.

To the extent You complete a tour request, application for tenancy, other rental related service through Schedularly, You agree to provide only accurate, true, current, and complete information about Yourself. Schedularly is not responsible for any delays or errors in the provision of the Services resulting from Your failure to provide accurate information.

10. Your Use of a Residential Application.

If You are an Applicant, by applying for a residence through the Services, You grant Schedularly the right to provide any information contained on an application or obtained as authorized by the application to property managers and third parties for the purposes of facilitating the completion of Your application initiated by You or on Your behalf. Verification of information, including Your identity information (e.g., name, Social Security number, and date of birth), may be required prior to the acknowledgement or completion of Your application. YOU UNDERSTAND AND AGREE THAT SCHEDULARLY HAS NO LIABILITY WITH RESPECT TO ANY APPLICATION OR DECISION MADE BY A PROPERTY MANAGER.

11. Links to Other Sites.

Links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Website”) may be available via the Site. These links are provided solely as information on potential topics that may be useful to You. A Third-Party Website link is not a recommendation or endorsement by Schedularly of any products, services, information, goods, ideas, or opinions that may be found on any Third-Party Website. When You access third-party websites or use third-party services, You accept that there are risks in doing so, and that Schedularly is not responsible for such risks.

Schedularly has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that You interact with through the Services. In addition, Schedularly will not and cannot monitor, verify, censor or edit the content of any third-party site or service. SCHEDULARLY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICES OF ANY THIRD-PARTY WEBSITE, INCLUDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY THEREOF FOR ANY PARTICULAR PURPOSE. SCHEDULARLY DOES NOT WARRANT THAT ANY THIRD-PARTY WEBSITE IS FREE FROM ANY CLAIMS OF COPYRIGHT, TRADEMARK, OR OTHER INFRINGEMENT. SCHEDULARLY DOES NOT WARRANT THAT ANY THIRD-PARTY WEBSITE IS FREE FROM ANY VIRUSES OR OTHER MALWARE.

You understand that a Third-Party Website may have terms or a privacy policy that is different from that of Schedularly and that the Third-Party Website may provide less security than this Site. We encourage You to be aware when You leave the Services and to read the terms and conditions and privacy policy of each Third-Party Website or service that You visit or utilize. The choice to access a Third-Party Website, or to purchase or otherwise use any of the products or services advertised or provided on a Third-Party Website is Yours, in Your sole discretion. By using the Services, You release and hold us harmless from any and all liability arising from Your use of any Third-Party Website or service.

If there is a dispute between participants on this site or Services, or between users and any third party, You agree that Schedularly is under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Schedularly, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

12. Consent to Receive Direct (Marketing) Communications.

As part of the Services, You may receive communications through the Services, including messages that Schedularly sends You (for example, via email or SMS). When signing up for the Services, You will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with Your wireless number, You confirm that You want Schedularly to send You information that we think may be of interest to You, which may include Schedularly using automated dialing technology to text You at the wireless number You provided, and You agree to receive communications from Schedularly, and You represent and warrant that each person You register for the Services or for whom You provide a wireless phone number has consented to receive communications from Schedularly. You agree to indemnify and hold Schedularly harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to Your breach of the foregoing.

13. Potential for Disruptions in Service.

You understand and agree that from time to time any portion of the Services may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Schedularly and despite commercially reasonable processes and procedures implemented by Schedularly to maintain the Services. You also understand that, from time to time, the Services may be unavailable due to regular or other maintenance.

14. Disclaimer of Warranties.

Schedularly and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Schedularly and all such parties together, the “Schedularly Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Schedularly Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to Your participation in, the Services. The Schedularly Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services.

THE SERVICES AND CONTENT, INDIVIDUALLY AND COLLECTIVELY, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE SERVICES. FURTHERMORE, SCHEDULARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability.

BY USING ANY PORTION OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT THE SCHEDULARLY PARTIES DISCLAIM ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) TO THE FULLEST EXTENT ALLOWED BY LAW FOR YOUR USE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ANY OF THE SCHEDULARLY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE SERVICES, , INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THE SCHEDULARLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. FURTHER, THE SCHEDULARLY PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SCHEDULARLY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

EXCEPT AS SET FORTH ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ERROR OR DEFECT IN THE SERVICE, ANY DISPUTES RESULTING FROM AN APPLICATION PROCESSED THROUGH THE SERVICES, OR ANY LOST OR MISSING DATA IS OUR COMMERCIALLY REASONABLE EFFORTS TO RESOLVE THE ERROR, DISPUTE, OR DEFECT OR TO RECOVER THE MISSING DATA IN A REASONABLY PROMPT MANNER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCHEDULARLY PARTIES WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, USERNAME OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, OR FOR ANY INACCURACIES IN YOUR DATA, FOR INCOMPLETE DATA OR ARISING FROM ANY APPLICATION SUBMITTED THROUGH THE SERVICES. HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES IF SOMEONE MISUSES YOUR ACCOUNT, USERNAME, OR PASSWORD AS A RESULT OF YOUR INTENTIONAL MISCONDUCT OR NEGLIGENCE

16. Indemnification.

By using the Site, You agree to defend, indemnify, and hold harmless the Schedularly Parties from and against any and all losses, claims, damages (actual or consequential), costs, and expenses (including reasonable legal and accounting fees) that the Schedularly Parties may become obligated to pay arising or resulting from Your use of any portion of the Services, including any actions taken by a third party using Your account, or Your breach of these Terms of Use. Schedularly reserves the right to assume or participate, at Your expense, in the investigation, settlement, and defense of any such action or claim.

17. Privacy Policy

You can learn more about the information collected about You in our Privacy Policy. The terms of the Privacy Policy are expressly incorporated fully into these Terms of Use, and You agree to be bound by the most current version of our Privacy Policy.

18. Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

Schedularly does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of Schedularly. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

19. Choice of Law.

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to the conflicts of laws provisions thereof.

20. Jury Trial Waiver and Arbitration

Please read the following ARBITRATION AGREEMENT carefully because it requires You to arbitrate certain disputes and claims with Schedularly and limits the manner in which You can seek relief from Schedularly. Both You and Schedularly acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Schedularly’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon Your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as the third-party beneficiary hereof.

• Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
• Costs of Arbitration. The Rules will govern payment of all arbitration fees. Schedularly will pay all arbitration fees for claims less than five thousand ($5,000) dollars. Schedularly will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that Your claim is frivolous.
• Small Claims Court; Infringement. Either You or Schedularly may assert claims, if they qualify, in small claims court in Georgia or any United States county where You live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights
• Waiver of Jury Trial. YOU AND SCHEDULARLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Schedularly are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between You and Schedularly over whether to vacate or enforce an arbitration award, YOU AND Schedularly WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
• Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither You nor Schedularly is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in below.
• Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of Your decision to opt out to the following address: P.O. Box 840 Alpharetta, GA 30009, postmarked within thirty (30) days of first accepting these Terms. You must include (i) Your name and residence address, (ii) the email address and/or telephone number associated with Your account, and (iii) a clear statement that You want to opt out of these Terms’ arbitration agreement.
• Exclusive Venue. If You send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either You or Schedularly to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both You and Schedularly agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Georgia, or the federal district in which that county falls.
• Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of Your relationship with Schedularly.

21. Termination.

Schedularly may terminate these Terms of Use or suspend or terminate Your use of any portion of the Services without notice, at any time. In the event Schedularly does so – Schedularly may notify You by email. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability, and law, jurisdiction, venue, and claim limitation provisions.

You are free to stop using the Services that at any time by contacting us at support@schedularly.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information You provide to us after You have stopped using our Services. Account termination may result in destruction of any Content associated with Your account, so keep that in mind before You decide to terminate Your account.

If You have deleted Your account by mistake, contact us immediately at support@schedularly.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation You have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

22. Assignment.

Schedularly may assign these Terms of Use, in whole or in part, at any time without notice to You. You may not assign, transfer, or sublicense any right(s) granted under these Terms of Use, if any, to anyone

23. Entire Agreement with Regard to Your Use of the Site, No Third-Party Beneficiaries.

These Terms of Use constitute the entire agreement between You and Schedularly with regard to Your use of the Services, and any and all other written or oral agreements or understandings previously existing between You and Schedularly with respect to such use are hereby superseded. Notwithstanding the foregoing, if You are a Property Manager that has executed an agreement with Schedularly, then such agreement shall govern Your use of the Property Manager Services.

24. Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Your activity in connection with the Services, provided that Schedularly may, in its sole discretion, do any of the foregoing on Your behalf or for itself as it sees fit. You hereby acknowledge and agree that You are not an employee, agent, partner, or joint venture of Schedularly, and You do not have any authority of any kind to bind Schedularly in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, You and Schedularly agree there are no third-party beneficiaries intended under these Terms.

Contact Us

If you have any questions or concerns, you may contact us at support@schedularly.com.