Effective: January 25, 2018

By using Confirmed (“Confirmed”), our website, service, APIs, apps or software (collectively referred to as “Services”), you are agreeing to these Terms & Conditions (“Terms”). Each time that you access Confirmed Services, you also reaffirm your acceptance of this Agreement and any update in these Terms & Conditions that have been posted.

Your Privacy is important to us. Please read the Confirmed Privacy Policy as it describes the types of data we collect and how we use your data. Your use of Confirmed Services means you are agreeing to the most recent Confirmed Privacy Policy as amended from time-to-time.

You recognize that Confirmed is a cloud based service that saves information on the cloud (Internet) and locally on your devices. That data may be saved on any server at the sole discretion of Confirmed, and may be located in multiple copies and in multiple countries. Confirmed will use industry standard practices as outlined in our Privacy Policy to secure the data.

Confirmed Services allow you to store or share your Content with others. We don’t claim ownership of your Content. Your Content remains Your Content and you are responsible for it. You represent and warrant that during the duration of these Terms, you have and will have the rights necessary for Your Content that is used in conjunction with Confirmed Services, and that the retention or use of Your Content will not violate any law or rights of others.

To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Confirmed Products and services, you grant to Confirmed a worldwide and royalty-free intellectual property license to use your Content, for example, to retain, transmit, make copies of, reformat, display and include in communications your Content on the Services.

By agreeing to these Terms, you agree that

• You won’t utilize Confirmed to do anything illegal
• You won’t use Confirmed to send spam or unsolicited bulk emails or messages
• You won’t engage in activity that is false or misleading
• You won’t engage in activity that harms, exploits or threatens to harm children
• You won’t engage in activity that violates the privacy of others
• You will conform to broad community standards of decency in your use of Confirmed Services, and will not share inappropriate or indecent materials
• You won’t circumvent restrictions on the availability of the Services
• You won’t “hack” the service in any way to cause disruption, slow performance, change behavior of the Services, or reveal information protected by Privacy Policy, intellectual property rights, private technology, or other malicious manner or counter to the intentions of Confirmed.
• You won’t reverse engineer or otherwise use Confirmed Services to build a product that competes with Confirmed or for any other reason
• You won’t attempt to dissuade Confirmed users from using Confirmed Services
• You won’t use Confirmed trademarked or copyright protected materials except as explicitly defined in these Terms
• You won’t attempt to gain unauthorized access to our database or our computer systems and networks, or engage in any activity that is intended to circumvent or modify our security technology or software
• You won’t otherwise target Confirmed users for spamming, competing communications, or interference with their use of Confirmed Services, whether maliciously or otherwise
• You won’t delete or attempt to delete any information, programs, files, data or processes related to Confirmed Services other than that expressly meets the condition of Your Content in your own Confirmed account. You are expressly prohibited from deleting or attempting to delete items from accounts created by other users.
• You will receive emails, texts or other communications from Confirmed in the course of your subscription, whether paid or trial, related to use of your account, offers, administration, or commercial use. You agree to receive these communications as part of your subscription. Unless Confirmed specifically provides controls to opt-in/opt-out of specific communications, subscribing to Confirmed is the equivalent of opting-into these messages.

We may, but have no obligation to, remove Accounts for any person that we determine in our sole discretion does not conform to this section or violates any party’s intellectual property or these Terms of Service.

Confirmed Services are licensed, not sold, and Confirmed reserves all rights to the software not expressly granted by Confirmed, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:

• Circumvent or bypass any technological protection measures in or relating to the software or Services
• Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so
• Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so
• Separate components of the software or Services for use on different devices
• Publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Confirmed expressly authorizes you in writing to do so
• Transfer the software, any software licenses, or any rights to access or use the Services
• Use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network
• Enable access to the Services or modify any Confirmed-authorized device by unauthorized third-party applications.

Confirmed Services are intended for use by adults 18 years and older. By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms.

Confirmed owns all data, programs, images, files, and assets related to the creation, operation, and marketing of Confirmed Services. You own the data you have entered into your account. You grant permission to use your data to operate the service on your behalf, and in so much as it is part of an aggregate work, to operate Confirmed Services for all users. In some cases, this permission extends to sharing your content with others as reflected in specific activities you have requested by your use of the system. (Example: We may send offers to others for meetings on your behalf, and confirm them through the Services.) You specifically allow us to use Your Content in the manner intended to operate the Services as intended, including sharing it with other Confirmed users or non-users you indicate as you use Confirmed Services.

In some cases, we will act on behalf of one or more users to communicate with a non-user of Confirmed Services. Non-users will be subject to all the Terms-&-Conditions herein, and will be protected by similar Privacy tactics as outlined in the Confirmed Privacy Policy. This applies whether the non-user interacts with Confirmed via web, email, mobile communications or other method.

You’ll need a Confirmed account to access many of the Confirmed Services. Your account allows you to login to your account, access your saved data, and use many aspects of the services.

Your account must be in good standing to allow you to access your account. There are various levels of Confirmed Services, which are differentiated by subscription level. These various levels might require fees, and the fees may differ from level to level. Payment of appropriate fees for a given level are among the requirements for your account to be in good standing. Conforming with these Terms & Conditions is also a requirement for your account to be in good standing. Additionally, Confirmed LLC may, at its own discretion, determine other criteria that would affect whether an account is in good standing.

You will need additional equipment and Internet connectivity obtained by one or more third parties to use Confirmed Services. Any costs arising from this equipment or services, including data charges, purchases, or other fees or taxes is not the responsibility of Confirmed, and will be paid by you directly to the third party.

Confirmed makes use of external technologies, data centers and APIs to provide Confirmed Services. By using Confirmed Services, you agree to allow us to use the technologies, equipment, connectivity and APIs that we choose at our sole discretion.

Confirmed, Confirmed Instant Scheduler, the Confirmed logo are trademarks of Confirmed LLC. All rights reserved. All other trademarks are the property of their respective owners. You will not infringe on our copyright.

Except for Your User Content, all of the content available on the Website, software and through Confirmed Services, including without limitation, all of the images, graphics, text, button icons, pictures, video, music, data, files, information, hardware, software, applications, and the collection, compilation and assembly of the foregoing (collectively the Confirmed Content) is the sole property of Confirmed LLC and/or its licensors. You may not copy, download, reproduce, distribute, publish, incorporate into another database or compilation, or create derivative works of, any Confirmed Content, in whole or in part, without our express written permission. You may download or print a copy of the information and content that we provide on any web page on the Website to which you have properly gained access, but only for your personal and non-commercial use, and provided that you keep all copyright or other proprietary notices intact. You may not modify, adapt, edit, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for any software or programs that we use in connection with the Website, software or Confirmed Services. Any use of Confirmed Content, except in accordance with the provisions of this Agreement, is strictly prohibited and may result in the termination of your access to the Website and Confirmed Services.

You must not falsely imply that you are associated with Confirmed or our Confirmed Services.

Unauthorized use of Confirmed Content may also constitute a violation of the copyright, trademark and/or other laws and regulations in the United States and other countries relating to the protection of intellectual property rights, and may subject you to civil and criminal penalties. We reserve all rights that are not expressly granted herein.

You expressly provide Confirmed LLC with the right to review Your Content in order to resolve technical or usage issues or provide you with customer support.

We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Confirmed is not liable for any disruption or loss you may suffer as a result. In addition, the Services or related products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. In some cases, these disruptions are caused by events out of our control; in others to enable us to enhance Confirmed Services. In the event of an outage, you may not be able to retrieve or access Your Account or Content.

If you have subscribed to a paid Service from Confirmed, your payment will cover a specific level of account and specified time period. We generally provide a trial period so you can understand how the Services work before you have to pay for the Services. Payments are not eligible for refunds. Should you have a problem with Confirmed Services that you believe affects the value that you have derived from your most recent payment, please contact Confirmed via the web-form on the company’s Contact page. within 30 days, describing the issue, and providing your contact information.

Your Confirmed Services account may be eligible for a free trial. If you have not paid for the Services by the end of the trial, your account may be cancelled or converted into a free level of Confirmed Services at the sole discretion of Confirmed.

If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s). In some cases, if we have not requested your payment info at the time of account creation, we may cancel your account or convert it to free level instead of continuing your paid level and charging you.

Recurring Payments: When you purchase Confirmed Services on a subscription basis (e.g., monthly or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Confirmed by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Confirmed. By authorizing recurring payments, you are authorizing Confirmed to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Confirmed or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.

If your Confirmed Services are canceled or account is closed, whether by you or by us, your right to use the Services stops immediately and your license to use the software related to Confirmed Services ends. If your account is converted into a free level of Confirmed Services, the functionality may become more limited than in your trial, and you may continue to use your account with that limited functionality until it is closed or until you have upgraded to and fully paid for a paid level of service. Your account may be converted at any time to the limited lower level of service for non-payment of account, whether intentionally or due to lack of valid payment mechanism or non-collection.

Confirmed reserves the right to refuse service to anyone at any time for any reason.

If you violate these Terms, we may stop providing Services to you or we may close your Confirmed account at our sole discretion. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to allow you to use Your Content for any reason. When investigating alleged violations of these Terms, Confirmed reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and we make no attempt to do so.

You agree to indemnify and hold harmless Confirmed LLC, M. Masters Corporation, their subsidiaries, parent and affiliates, and their respective users, members, directors, officers, employees, agents, partners and operational providers, from any and all losses, claims, liabilities, demands, damages, costs and expenses, including reasonable attorney’s fees, that arise directly or indirectly from: (a) your use of the Website or Confirmed Services in violation of this Agreement; (b) breach of any of your representations or warranties contained in this Agreement; (c) any User Content that you post to the Website or transmit through Confirmed Services; and/or (d) your conduct or interaction, on-line or off-line, with us, or any individual user of Confirmed, whether they have an account or use the service in response to a request by you through your account.

The Website and Confirmed Services may be temporarily unavailable from time to time for maintenance or other reasons, and we will not be liable for any error, omission, interruption, delay, failure, malfunction or other problem resulting therefrom.

We are not responsible and shall not be liable in any manner for any error, omission, interruption, delay, failure, malfunction or other problem caused, directly or indirectly, by any group, individual user, third-party, or other extraneous source, including without limitation: (i) the failure or malfunction of telephone networks or services, communication lines, internet service providers, computer systems, servers, computer equipment, and third-party software; (ii) the introduction of viruses or other harmful components; (iii) the theft, destruction or alteration of, or unauthorized access to, user communications; (iv) traffic congestion on the Internet, or at any Internet site, or a combination thereof; and/or (v) fire, flood, war, strike, riot, labor disturbance, emergency, natural disaster, act of God, or any other cause or circumstance that is reasonably beyond our control.

We are not responsible and shall not be liable for any User Content that may be posted, transmitted, utilized or shared on or through the Website or Confirmed Services including, without limitation, any offensive, inappropriate, obscene, unlawful or otherwise objectionable materials. We are not responsible and shall not be liable in any manner for the conduct of any group, or any individual member thereof, or any other user of the Website or Confirmed Services, whether online or offline.

We make no representation or warranty that the Website and Confirmed Services will meet your specific requirements or expectations; or that the information or services provided thereby will be uninterrupted, accurate, complete, timely, reliable, current or error-free, or that the Website or Confirmed Services will be free of viruses or other harmful components.

THE WEBSITE, CONFIRMED SERVICES, RELATED APPLICATIONS AND WEBSITE CONTENT ARE PROVIDED TO YOU “AS-IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

You expressly agree that we will not be liable for any loss or damage to any person, including personal injury or death, or for any damage to any property, whether real or personal, tangible or intangible (including loss of data or content), resulting from the use or misuse of the Website or Confirmed Services by any person or entity, in any manner or for any purpose, including without limitation: the inability to use the Website or Confirmed Services; reliance on information posted by or transmitted to any groups or individual users; unauthorized access, alteration or use of the Website or Confirmed Services; termination of membership in Confirmed Services; and/or the conduct of any group, individual user, or other person or entity, whether online or offline.

IN NO EVENT WILL WE BE LIABLE TO YOU, OR TO ANY OTHER PERSON OR ENTITY, FOR DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (AND INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOSS OF USE OR DATA, BUSINESS INTERRUPTION, AND THE CLAIMS OF THIRD PARTIES), EVEN IF WE ARE AWARE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of certain claims or damages, and so the foregoing provisions may not apply to you.

We reserve the right to enhance, update, improve, modify, change, replace or discontinue any functional or operational components of Confirmed Services, in whole or in part, at any time, at our sole discretion, without prior notice to you. We also reserve the right to modify this Agreement from time to time, with any new or amended terms becoming effective upon posting on the Website. Your continued use of the Website and Services after we post a revised Agreement on the Website signifies your acceptance of the terms and conditions of the revised Agreement. It is therefore important for you to review this Agreement on a regular basis and inform yourself of any changes. If you don’t agree to the new terms, you must stop using the Services and close your Confirmed account.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules. Any claim or controversy involving Confirmed that arises out of or relates to this Agreement, the Website, or Confirmed Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Allegheny County, Pennsylvania, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Confirmed is operated by Confirmed LLC. As long as the service is owned and operated by Confirmed LLC, any reference to “Confirmed” as an entity or “we” or “us” in these Terms or in our Privacy Policy is synonymous with a reference to “Confirmed LLC”

This Agreement constitutes the entire understanding and agreement between you and us regarding the use of the Website and Confirmed Services, and supersedes all prior understandings and agreements. Our failure to exercise or enforce any provision of this Agreement or any right that we may have under this Agreement shall not be construed as a waiver of such provision or right, or prevent us from exercising or enforcing such provision or right in the future. This Agreement shall operate to the fullest extent of the law. If any clause or provision of this Agreement shall be declared invalid or unenforceable by any arbitrator, court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. Each of the provisions of this Agreement shall be enforceable in a manner that is independent of any other provision, and independent of any other claim or cause of action.

The failure of Confirmed LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Terms herein constitutes the entire agreement between you and Confirmed and govern your use of the Service, superseding any prior agreements between you and Confirmed (including, but not limited to, any prior versions of the Terms).

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