Terms Of Use

Terms of Use

Access to and use of any of the web sites ScheduledCards.com, ScheduledNotes.com, and UInvite.com ("Sites"), provided by UInvite, Inc. ("UInvite"), are subject to the following Terms of Use ("Terms"). By using the Sites, you agree to be legally bound by these Terms and consent to the terms of the Privacy Policy which shall take effect immediately on your first use of the Sites. UInvite shall be free to change these Terms at any time. UInvite will provide notice of any changes by posting such changes to the Sites without providing individual notice to you, unless required by law. By using the Sites after any such change is posted, you accept such change to the Terms. You are responsible for reviewing the Terms periodically. If at any time the Terms are unacceptable to you, you must immediately cease use of the Sites.

By using the Sites you confirm that you are at least 13 years of age and legally able to agree to the Terms. By using the Sites you create a legally binding agreement between you and UInvite whereby you agree to the Terms.

Changes to Sites

UInvite may change or supplement the content of the Sites at any time and any such changes or supplements shall immediately be deemed covered by the Terms. UInvite may terminate or suspend the Sites or your access to the Sites at any time, and no such action shall be deemed a violation of the Terms. UInvite has no obligation to provide individual notice of changes to the Sites unless required by law.

Posting Content

You are solely responsible for all information that you post to or transmit through the Sites, including all postings, messages, text, files, images, photos, video, sounds, or other material ("Content"). You also are responsible for all Content posted on or through the Sites under your user ID, and you shall update all Content to keep it accurate and current. Content that you post or email through the site is not private and may be accessed, viewed, and/or used by third parties. UInvite is not responsible in any way for the use of your Content by any third parties. You should not post or transmit to the Sites any information that you do not wish to be accessed, viewed, and/or used by third parties.

Member Account

If you register as a user of the Sites, you will be assigned a unique user ID and password, and such registration may be subject to specific terms of registration with which you must comply. You are responsible for maintaining the confidentiality of the user ID and password and for all activities that occur under your user ID and password. Your user ID and password must be used solely by you. Sharing your user ID and password with any other person or making it available to multiple users on a network is prohibited. By registering, you also agree to:
  • Provide true, accurate, current, and complete registration information;
  • Maintain and promptly update your registration information;
  • Ensure that you exit from your member account at the end of each session; and
  • Notify UInvite of any unauthorized use of your user ID and password or any other breach of security.

 

Restrictions Against Sites Interference & Prohibited Content

As a condition of your use of the Sites, you shall not use the Sites for any purpose that is unlawful or prohibited by the Terms or by local, state, national, foreign laws or regulations. You agree that you shall not:
  • Use the Sites in any manner that could damage, disable, overburden, or impair the Sites, any servers of the Sites, or any network connected to any servers of the Sites, or interfere with any other party's use and enjoyment of the Sites;
  • Interfere with or attempt to gain unauthorized access to the Sites, any servers of the Sites, or any accounts, computer systems, or any network connected to any servers of the Sites, through hacking, password mining, or any other means;
  • Post or transmit any Content that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Sites, another's computer, or the property of another;
  • Modify or attempt to modify the Sites or any component of the Sites;
  • Obtain or attempt to obtain any Content through any means not intentionally made available through the Sites;
  • Use the Sites in connection with any promotion, junk email, spam, or any duplicative or unsolicited message;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, transmit, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information;
  • Post or otherwise make available Content that contains material protected by intellectual property laws, including but not limited to copyright or trademark laws or rights of privacy or publicity, unless you own rights thereto or have received all necessary consent to post or otherwise make available such Content;
  • Use any Content available through the Sites in any manner that infringes any patent, trademark, copyright, trade secret, or other proprietary right of any party; or
  • Provide false or misleading information about yourself or any other person on or through the Sites.

UInvite has no obligation to monitor the Sites, but it reserves the right to review Content posted to or emailed through the Sites and to remove any Content in its sole discretion. UInvite reserves the right to terminate your access to the Sites and any components thereof at any time, without notice, for any reason whatsoever. UInvite reserves the right at all times to disclose any information as UInvite deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any Content, in whole or in part, in UInvite's sole discretion.

Proprietary Rights

Other than Content posted or transmitted to the Sites by you or other users of the Sites, UInvite owns all intellectual property rights, including trademark rights and copyrights, in trademarks, service marks, Content, graphics, text, code, and other proprietary material and information ("UInvite Intellectual Property") displayed on or through the Sites. Any use of UInvite Intellectual Property is strictly prohibited without the prior, written consent of UInvite. You shall not reproduce, duplicate, copy, sell, resell, or exploit any Content of the Sites or UInvite Intellectual Property. You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Sites or components of the Sites. You shall not be deemed a joint author of any UInvite Intellectual Property or the Sites, and it is neither your intention nor UInvite's intention that you be deemed a joint author of any UInvite Intellectual Property or the Sites. UInvite does not claim ownership of Content posted or transmitted through the Sites by you or other users of the Sites; however, by using the Sites you automatically grant, and represent that you have the right to grant, to UInvite an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute any such Content, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You will not be compensated in any way for any Content posted or transmitted to the Sites by you.

Notification of Infringement

If you believe your intellectual property rights, including copyrights, have been violated, please notify UInvite's agent for notice of claims of copyright or other intellectual property infringement, at
abuse@uinvite.com
or,
Copyright Agent
UInvite, Inc.
2197 NW 59th Street
Boca Raton, Florida 33496

Please provide our agent with the following Notice:
  • Identification of the material on the Sites that you claim is infringing your rights, and information reasonably sufficient to permit us to locate the material;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that the information in your Notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

 

Privacy Policy

UInvite has established a Privacy Policy to explain to users how information from the Sites is collected and used. Your use of the Sites signifies acknowledgement of and agreement to the Privacy Policy, which is located at the following web address: Privacy Policy.

Links to Third Party Sites

To the extent the Sites contains links to outside sites, advertisers, products, services, or resources, Uinvite does not control such links and is not responsible for the content contained on any linked site or any changes or updates to such linked site. Any links contained on the Sites are provided solely for your convenience. If you use any such links, you leave the Sites. UInvite does not endorse or make any representation about any third party site or any material contained therein. If you access any third party site through a link on the Sites, you do so entirely at your own risk.

Links from Third Party Sites

You may link to the Sites subject to the following conditions:
  • You do not replicate the home page of the Sites;
  • You do not create a frame or any other browser or border environment around the Sites;
  • You do not link to Content on the Sites that is made available only to users with a user ID and password;
  • You do not use logos or trademarks displayed on the Sites without the express written permission of UInvite; and
  • You do not link to a web site which contains content that is offensive, infringes the intellectual property rights or other rights of others, or violates applicable laws.

 

Disclaimer of Warranties and Limitations of Liability

THE SITES AND ALL COMPONENTS OF THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UINVITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, SECURITY, AND ACCURACY. UINVITE DOES NOT WARRANT THAT CONTENT YOU POST OR TRANSMIT TO THE SITES WILL BE SECURE. YOU USE THE SITES AT YOUR OWN RISK. UINVITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UINVITE SHALL NOT BE RESPONSIBLE FOR ACTS OR OMISSIONS BY ANY PARTY, INCLUDING BUT NOT LIMITED TO ANY PARTY WHO MIGHT HACK, INVADE OR OTHERWISE DISRUPT THE SITES OR TAKE INFORMATION, INCLUDING CONTENT YOU PROVIDE, FROM THE SITES OR OTHERWISE. UINVITE ATTEMPTS TO ENSURE THAT THE SITES ARE AVAILABLE 24 HOURS PER DAY, BUT IT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES IF THE SITES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME. ACCESS TO THE SITES MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF A SYSTEM FAILURE, MAINTENANCE, OR REPAIR OR FOR ANY OTHER REASONABLE CAUSE. UINVITE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF CONTENT ON THE SITES IN TERMS OF IT BEING CORRECT, ACCURATE, RELIABLE OR OTHERWISE, AND YOU ASSUME ALL COSTS OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT UINVITE DOES NOT HAVE ANY CONTROL OVER THE CONTENT, INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING ADVERTISERS OR OTHER USERS OF THE SITES. UINVITE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO, AND ASSUMES NO RESPONSIBILITY FOR, ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING ADVERTISERS OR OTHER USERS OF THE SITES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UINVITE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGE OR COST ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO MAKE USE, OF THE SITES, INCLUDING ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, DEFAMATION, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHT OF PUBLICITY, LOSS OF DATA, GOODWILL, OR PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT, OR FAILURE TO PAY FOR WORK OR SERVICES. THIS LIMITATION APPLIES REGARDLESS OF THE FORESEEABILITY OF DAMAGES AND REGARDLESS OR WHETHER ANY DAMAGES MAY ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UINVITE AND ANY AND ALL OF ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES, RELATED TO ANY CONTENT YOU POST OR TRANSMIT TO THE SITES, YOUR USE OF THE SITES, YOUR INABILITY TO USE THE SITES OR ANY COMPONENT OF THE SITES, YOUR VIOLATION OR ALLEGED VIOLATION OF THE TERMS, OR YOUR VIOLATION OR ALLEGED VIOLATION OF ANY RIGHTS OF ANOTHER.

Choice of Law

The Terms shall be governed by the laws of the State of Florida. Any action of law or in equity arising out of or relating to the Terms shall be brought exclusively in the state courts located in Palm Beach County, Florida or in the United States District Court located in Miami, Florida, and you hereby consent and submit to personal jurisdiction and venue in these courts for any such dispute. The prevailing party in any legal action arising out of or relating to this Agreement shall be entitled to reasonable attorney's fees, costs, and necessary disbursements determined by a court or arbitrator.

Miscellaneous

This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided in writing signed by UInvite. To the extent that anything in or associated with the Sites are in conflict or inconsistent with the Terms, the Terms shall take precedence. If any term or provision of the Terms shall to any extent be deemed invalid or unenforceable, the remainder of the Terms shall not be affected thereby, and each remaining term and provision of the Terms shall be valid and enforced to the fullest extent permitted by law. UInvite's failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Your right to use the Sites is not transferable, and any user ID and password given to you to obtain information or provide Content is not transferable.

The Sites are provided by UInvite, Inc., located at 12187 Rockledge Circle, Boca Raton, Florida 33428, and email at admin@schedulednotes.com. Please contact UInvite at the above physical and email addresses for any issues or complaints about the Sites.

Effective Date: November 1, 2010.