Welcome to never.forget.it, an online calendar & reminder service (the “Service”) provided to you by never.forget.it (“never.forget.it”). We hope you find the Service fun and easy to use. These Terms of Use (the “Terms” or this “Agreement”) govern your use of the Service, including the software supplied by never.forget.it to you and corresponding documentation (the “Software”) and your use of the never.forget.it website (the “Site”), whether you use the Service on a trial basis, are a subscriber to the Service, or are a visitor to the Site.
never.forget.it reserves the right to change these Terms from time to time. It is your responsibility to review these Terms frequently and to remain informed about any changes to them, so we encourage you to review these Terms often.
All references to “us,” “our” and “never.forget.it” in this Agreement are intended to refer to never.forget.it and its affiliate entities. All references to “you,” “your” and “user” in this Agreement are intended to refer to the user who accepts this Agreement by clicking the “I Accept” button at the bottom of this page.

A. Your Use of The Service
You agree not to use the Service for any illegal purpose and to adhere to these Terms. When using the Service, you will be subject to any guidelines, rules, or licenses found on the Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms.

B. Your Conduct
It is your responsibility to ensure that you obtain all consents, authorizations, waivers and clearances for any text owned or controlled by third parties that you transmit, access or share with others using the Service, and you represent and warrant that you have such rights.

As a condition of your use of the Service, you will not:
• Transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, pornographic, vulgar, invasive of another’s privacy or right of publicity, infringing of a third party’s intellectual property rights;
• Transmit any content that is hateful, racially, ethnically, or otherwise objectionable, encouraging of conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
• Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• Harm minors in any way, including, but not limited to, transmitting content that violates federal, state, international or any other child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Site;
• Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
• Interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site; or
• Provide any information to never.forget.it that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose including, but not limited to, sending material to never.forget.it from an anonymous or false email address.
If we are notified of or have any reason to suspect that you are taking any of the actions above, never.forget.it may investigate the allegation and determine in its sole discretion whether to notify the proper authorities and/or terminate your access to the Site and the Service. never.forget.it may disclose any of your content or electronic communication of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect the rights or property of never.forget.it, never.forget.it, a third party or any never.forget.it user. However, you agree that never.forget.it will NOT be responsible for screening, policing, editing or monitoring any images, posted, viewed, transmitted, reproduced and/or distributed by any person using the Service. ALL CONTENT PROVIDED BY A USER OF THIS SERVICE IS THE SOLE RESPONSIBILITY OF THAT USER, NOT never.forget.it.

C. Copyrights
It is the policy of never.forget.it to respect the copyright laws. never.forget.it requires all users to comply with copyright laws. never.forget.it does not by the provision of the Site or the Service authorize you to infringe the copyrights of third parties.
As a condition to use of the Site and the Service, you agree that you must not use the Site or the Service to infringe the copyrights or other intellectual property rights of others. The unauthorized reproduction, distribution, transmission, modification, public display, or public performance of copyrighted work is an infringement of copyright. Copyright infringement may expose you to civil and criminal liability, including possible fines and jail time.

2. License Restrictions

(a) You agree that except as expressly set forth above, you will not (and will not allow any third parties to): (i) use any device, robot, spider, other automatic software or device, or manual process to interfere or attempt to interfere with the proper working of the Software, or to monitor use of the Software without never.forget.it’ prior written permission, (ii) take any action that imposes an unreasonable or disproportionately large load on the never.forget.it infrastructure, (iii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Software, to the extent such restrictions are allowable under applicable law, (iv) rent, lease, loan, sell, or sublicense, republish, distribute, display, use for service bureau purposes or transmit for commercial, for-profit, or non-educational purposes all or any portion of the Software, (v) copy, reproduce, modify, adapt, translate, or create derivative works of the software, make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network, (vi) use any network monitoring or discovery software to determine the Site architecture, or extract information about usage, individual identities or users, or (vii) export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

(b) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

3. Automatic Communications Features

(a) The Software consists of interactive internet applications that perform a variety of communications over the internet as part of their normal operation. Some of these communications features are automatic and are enabled by default. By installing and/or using the Software, you consent to the Software’s communications features. Once you log into the Software, user information including your User ID may be sent in communications with never.forget.it’ servers. This information is used to access your account and to provide services. never.forget.it may match this information to personally identifiable information in order to provide you with services. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.

(b) The Software may allow use of cookies. This allows any website to set cookies for you when you view any of the Site’s content through the Software, unless you have disabled cookies.

(c) The Software automatically communicates with never.forget.it’ servers to check for updates to the Software, such as enhancements, data, bug fixes and patches, and may perform diagnostics on your computer to determine update or upgrade availability.

4. Third Party Software, Web Sites And Rights

(a) The Software may contain third party software which requires notices and/or additional terms and conditions. If you choose to use such third party software, then such use will be governed by such third party’s license agreement if an electronic copy of such license agreement is installed in the appropriate product folder on your computer upon installation of the Software. never.forget.it is not responsible for any third party’s software and will have no liability for your use of third party software.

(b) Third party content and web sites may be accessible through your use of the Software. never.forget.it will not be responsible for and assumes no liability for any infringement, mistakes, defamation, slander, libel, omissions, falsehood in the statements, opinions, representations or any other form of information or data contained in any third party content or web site accessible through use of the Software.

(c) You acknowledge that some features of the Software or content obtained through use of the Software may require a license from a third party.

(d) The Software does not interact with the process of securing financial transactions, such as purchases and credit card transactions. These transactions are handled by the web site providing the content and are governed by that web site’s privacy policy and end user terms and conditions.

5. Ownership

The foregoing license gives you a limited license to use the Software. never.forget.it and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by never.forget.it and its suppliers.

6. Government Use

This Software and the documentation are provided with “RESTRICTED RIGHTS” applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the US Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: never.forget.it, 537 Hamilton Ave, Palo Alto, CA 94301.

7. Warning
Before using the Software, you should check the Installation Instructions, Release Notes and Documentation for the most up-to-date information, including what operating systems are supported by never.forget.it.

E. Privacy
Please review our Privacy Policy posted on the Site to understand our practices. You agree that the Privacy Policy is incorporated in these Terms.

F. Intellectual Property
The content, information, software, images, files, logos, service names, graphics, text, documents and services (“Materials”) offered on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials on this Site may violate such laws and these Terms. Except as expressly provided herein, never.forget.it and its suppliers do not grant any express or implied rights to use the Materials. never.forget.it is a trademark or registered trademark of never.forget.it in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.

G. Unauthorized Use
You agree to immediately notify never.forget.it of any unauthorized use of your password or account or any other breach of security.

H. Usage by Children
This Site is not intended for or directed to persons under the age of 13. Children are not eligible to use the Service. We require that users of this Site and all subscribers to the Service be individuals who are 13 years of age or older. EACH TIME YOU VIEW AN IMAGE, REGISTER FOR THE SERVICE OR OTHERWISE PROVIDE INFORMATION TO never.forget.it, YOU ARE REPRESENTING TO never.forget.it THAT YOU ARE 13 YEARS OF AGE OR OLDER.

I. Indemnification
You agree to indemnify, hold harmless and defend never.forget.it, its officers, directors, employees, agents, successors, subsidiaries, sublicensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys’ fees and court costs) arising out of or related to any breach of these Terms or violation of any law or the rights of a third party, by you or anyone acting under your direction, authority or control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your password.

J. Changes To The Site and Service
never.forget.it may make changes to the Service and the Site at any time without notice.

K. DISCLAIMERS
THIS SITE, THE SERVICE AND THE SOFTWARE ARE PROVIDED BY never.forget.it “AS IS” AND never.forget.it EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, never.forget.it MAKES NO WARRANTY THAT THIS SITE, THE SERVICE OR THE SOFTWARE WILL BE EFFECTIVE, ACCURATE, RELIABLE OR SECURE.

THE SHARING OF DIGITAL IMAGES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR IMAGES AS A RESULT OF THE SERVICE.

never.forget.it MAKES NO WARRANTY THAT YOU WILL NOT BE EXPOSED TO ANY IMAGES THAT ARE UNLAWFUL, HARMFUL, THREATENING, HARASSING, DEFAMATORY, OBSCENE, PORNOGRAPHIC, VULGAR, INVASIVE OF ANOTHER’S PRIVACY OR RIGHT OF PUBLICITY, INFRINGING OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, HATEFUL, RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE MATERIAL ENCOURAGING CONDUCT THAT COULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW OR IS OTHERWISE OBJECTIONABLE.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) never.forget.it DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICE OFFERED BY THIRD PARTIES THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THIS SITE; (ii) never.forget.it MAKES NO RESPRESNTATIONS OR WARRANTIES WHATSOVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICE; AND (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY never.forget.it, ITS AGENTS, DISTRIBUTORS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

L. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, never.forget.it AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE OR THE SITE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT, OR ANY OTHER THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF never.forget.it HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE, OR (B) $100. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

M. Term and Termination.
never.forget.it may terminate this Agreement and your access to the Service and the Site at any time, with or without cause. In the event of such termination you must destroy and erase all copies of the Software. Sections I, K, L and P will survive. In the event of termination by never.forget.it without cause, then never.forget.it will refund to you any pre-paid subscription fees pro rata based on the number of unused months.

N. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on this Site may refer to products, programs or services that are not available in your country. Contact never.forget.it directly (info@never.forget.it) for information regarding the products, programs and services that may be available to you.
This Site is controlled, operated, and administered by never.forget.it from its offices within the United States of America. never.forget.it makes no representation that this Site or the Service are appropriate or available for use at other locations outside the United States, and access to this Site from territories where the Site or the Service is illegal is prohibited. If you access this Site or use the Service from a location outside the United States, you are responsible for compliance with all local laws where you reside. See the section on export control laws, below, for further information.

O. Export Controls
You agree not to download any content, services or software or otherwise export or re-export into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country which the United States has embargoed goods or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using any content, services or software from never.forget.it, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

P. Governing Law; Dispute Resolutions
All legal issues arising from or related to the use of this Site, the Service, the Software and this Agreement will be construed in accordance with the laws of the State of California without regard to conflicts of law principles, and without regard to the United Nations Convention on the International Sale of Goods. You irrevocably consent to bring any action to enforce this Agreement in the federal or state courts of Santa Clara County, California or the Northern District of California.

Q. Assignment
These Terms are personal to you and you may not assign or transfer these Terms under any circumstances. You agree that this Agreement and all incorporated agreements may be automatically assigned by never.forget.it, in its sole discretion, to a third party in the event of a merger, acquisition or bankruptcy.

R. Entire Agreement; Waiver; Severability
These Terms constitute the entire agreement between you and never.forget.it with respect to the use of this Site. never.forget.it’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will be enforceable and that the invalid provision will be enforceable to the fullest extent permitted by law.

S. Contact Information.
All questions concerning this Agreement may be directed to: legal@never.forget.it