5280Book Terms of Service
General Terms
Agreement. This Agreement is a binding legal agreement between you and 5280 Book (“5280 Book”, “we”, “us” or “our”).
If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have
the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your”
in this Agreement are referring to that entity. You and 5280 Book are also sometimes referred to in this Agreement individually
as a “Party” and collectively as the “Parties”.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are
indicating that you’ve read the Privacy Policy and agree to its terms.
This Agreement applies to any use of the Services, whether in connection with a paid or free subscription.
To the extent that 5280 Book processes Your Data originating from the European Economic Area, or the United Kingdom, or with respect
to Personal Information (defined within the Privacy Annex) that is processed on behalf of you which relates to residents of the State
of California, the terms of the Privacy Annex apply between the Parties.
Changes to the Agreement. We may, in our sole discretion, make changes to this Agreement from time to time. Any changes we make will
become effective when we post a modified version of the Agreement to https://5280Book.com/terms
(or such other URL as specified by 5280 Book), as may be updated by 5280 Book from time to time, and we agree the changes will not be retroactive.
If we make any material changes to the Agreement, we'll also notify you within the Software Service or by sending you an email.
If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any changes,
you must stop using the Services, and you can terminate your account by emailing info@schedmark.com. It is your obligation
to ensure that you read, understand and agree to the latest version of the Agreement.
Supplemental Terms. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such
Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the
supplemental Service. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect
to the service with which it applies.
Your Responsibilities
Liability for Affiliates and End Users. You are responsible for all activity occurring under or relating to your account, including, but not
limited to, your staff, employees, consultants, advisors, independent contractors, and End Users. You will ensure that your Affiliates and
End Users comply with relevant provisions of this Agreement, including any Supplemental Terms and acceptable use policies provided or made
available by 5280 Book, and any applicable local, state, national and foreign laws, including those related to data privacy and transmission
of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrase)
is deemed to include access or use, as appropriate, by Affiliates and/or End Users, and any act or omission of an Affiliate or End User that
does not comply with this Agreement will be deemed a breach of this Agreement by you. You are also responsible for ensuring that you have
the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with applicable laws and regulations.
Data; Unauthorized Access; Maintaining Networks. You will: (a) have sole responsibility for the accuracy and quality of Your Data and for ensuring
that your collection and use of Your Data complies with applicable laws, including those related to data privacy and transmission of personal data;
(b) prevent unauthorized access to, or use of, the Services, and notify 5280 Book promptly of any unauthorized access or use; and (c) have sole
responsibility for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services needed to use the Services.
Restrictions on Use. You and your Affiliates and End Users will not: (i) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful
or tortious material to the Services, including material that violates privacy rights; (ii) interfere with or disrupt the integrity or performance
of the Services or the data contained therein; (iii) attempt to gain access to the Services or related systems or networks in a manner not permitted
by this Agreement; (iv) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg,
time bomb, spyware or other harmful computer code, files, scripts agents or programs; (v) restrict or inhibit any other person or entity from using
the Services; (vi) remove any copyright, trademark or other proprietary rights notice from the Services; (vii) frame or mirror any portion of
the Services, or otherwise incorporate any portion of the Services into any product or service; (viii) systematically download and store Services
content; or (ix) use the Services to send unsolicited electronic messages (aka spamming); or (x) use any robot, spider, site search/retrieval
application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or
circumvent the navigational structure or presentation of the Services. Notwithstanding subsection (x) above, and subject to compliance with any
instructions posted in the robots.txt file located in the root directory of any Website, 5280 Book grants to the operators of public search engines
permission to use spiders to copy materials from the Websites for the sole purpose of (and solely to the extent necessary for) creating publicly
available, searchable indices of such materials, but not caches or archives of such materials. 5280 Book reserves the right to revoke these
permissions at any time and without notice.
Cardholder Data. You are solely responsible for any liability resulting from your or any Affiliate’s handling of Cardholder Data.
You agree that you and Affiliates will comply with PCI DSS anytime the Services are used to process credit cards.
User Names and Passwords. 5280 Book may reject or require that you change any user name or password under your account. User names and passwords
are for internal business use only and may not be shared with any third party, including any competitor of 5280 Book. You, and not 5280 Book,
are responsible for any use or misuse of user names or passwords associated with your account.
Consent. You are responsible for ensuring you have obtained the requisite level of consent necessary from End Users when utilizing the Services,
including, but not limited to, the automated marketing products.
Fees and Payment
Software Services Fees. Unless otherwise stated on an Order Form, fees for the Software Services (“Subscription Fees”) are set forth on the applicable Website(s).
Change in Subscription Fees. Unless otherwise specified in an Order Form, the Subscription Fees during a Renewal Term (defined below) will be
updated to the pricing set forth on the applicable Website when each Renewal Term begins. If You have an Order Form, 5280 Book may increase
any fees specified in an Order Form, provided the increase will not become effective until the subsequent Renewal Term. Prices are subject to change
for those Services you have elected not to purchase or that are otherwise not identified in the Order Form.
Payment Terms. You agree to pay the Subscription Fees and any other applicable fees stated on an Order Form or otherwise specified in this Agreement.
YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION FEES FOR THE ENTIRE SUBSCRIPTION TERM. All payment obligations under this Agreement are non-cancelable and
all fees paid are non-refundable. Unless otherwise stated on an Order Form, fees must be paid in advance of each billing period. You will provide
5280 Book with valid and updated credit card information or another form of payment acceptable to 5280 Book. If you provide credit card information,
you represent that you are authorized to use the card and you authorize 5280 Book to charge the card for all payments hereunder. By submitting payment
information, you authorize 5280 Book to provide that information to third parties for purposes of facilitating payment. You agree to verify any
information requested by 5280 Book for purposes of acknowledging or completing any payment.
Overdue Charges. Any amounts not received by the applicable due date may accrue late interest at the lesser of either (a) 1.5% of the outstanding balance
per month, or (b) the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by 5280 Book
within thirty (30) days after the applicable due date will be deemed a material default under this Agreement, and 5280 Book will be entitled to either
suspend the Services or terminate the Agreement.
Payment Errors. If you believe a payment has been processed in error, you must provide written notice to 5280 Book within thirty (30) days after the date
of payment specifying the nature of the error and the amount in dispute ("Payment Error Notice"). If the Payment Error Notice is not received by 5280 Book
within such thirty (30) day period, the payment will be deemed final.
Taxes. Subscription Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added,
sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases
and transactions under this Agreement. If 5280 Book is legally required to pay or collect any Taxes on your behalf, 5280 Book will invoice you and you will
pay the invoiced amount. You acknowledge and agree that we may make certain reports to tax authorities (e.g., 1099 forms) regarding transactions that we
process and merchants to which we provide Payment Processing Services are provided. For clarity, 5280 Book will be solely responsible for taxes assessed
on 5280 Book based on its income.