RallyClock Terms of Service

Vermonster, LLC ("VERMONSTER") provides the service known as RallyClock ("RALLYCLOCK") under the following terms. If you use RALLYCLOCK, you are consenting to the terms listed herein.

VERMONSTER reserves the right to update and change the Terms of Service ("TERMS") from time to time without notice. Any new features that augment or enhance RALLYCLOCK, including the release of new tools and resources, shall be subject to the TERMS. Continued use of the RALLYCLOCK after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.rallyclock.com/terms.shtml

Violation of any of the terms below will result in the termination of your Account. You agree to use RALLYCLOCK at your own risk.

Account Terms

  1. You must be 13 years or older to use RALLYCLOCK.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. You are responsible for maintaining the security of your account and password. VERMONSTER cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You are responsible for all time entries and other information ("CONTENT") posted and activity that occurs under your account (even when CONTENT is posted by others who have accounts under your account).
  5. If you are using a free account you are not permitted to block ads.
  6. You may not use RALLYCLOCK for any illegal or unauthorized purpose. You must not, in the use of RALLYCLOCK, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their RALLYCLOCK account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses RALLYCLOCK, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that VERMONSTER shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VERMONSTER has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to RALLYCLOCK via the API may result in the temporary or permanent suspension of your account's access to the API. VERMONSTER, in its sole discretion, will determine abuse or excessive usage of the API.
  3. VERMONSTER reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment Terms

  1. As RALLYCLOCK is in a beta/trial period, there is currently no payment for the service. As stated previous, VERMONSTER reserves the right to update to the TERMS, including payment terms, without notice.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. VERMONSTER, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of RALLYCLOCK for any reason at any time. VERMONSTER reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. VERMONSTER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, tRALLYCLOCK (or any part thereof) with or without notice.
  2. Prices of RALLYCLOCK, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the RallyClock Website (www.rallyclock.com) or RALLYCLOCK itself.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material (CONTENT) you provide to RALLYCLOCK.
  2. The look and feel of RALLYCLOCK is copyright©2006-2007 Vermonster, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from VERMONSTER.

General Conditions

  1. Your use of RALLYCLOCK is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that VERMONSTER uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with RALLYCLOCK, VERMONSTER, or any other VERMONSTER service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of RALLYCLOCK, use of RALLYCLOCK, or access to RALLYCLOCK without the express written permission by VERMONSTER.
  6. We may, but have no obligation to, remove CONTENT and Accounts containing CONTENT that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service (TERMS).
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any VERMONSTER customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. VERMONSTER does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in RALLYCLOCK will be corrected.
  10. You expressly understand and agree that VERMONSTER shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VERMONSTER has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  11. The failure of VERMONSTER to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. The TERMS constitutes the entire agreement between you and VERMONSTER and govern your use of the Service, superceding any prior agreements between you and VERMONSTER (including, but not limited to, any prior versions of the TERMS).
  12. Questions about the Terms of Service should be sent to support at rallyclock dot com.