TIMS Terms of Service

By using the timshq.com web site and TIMS web application (hereinafter "Service"), services of Ninth Peak Industries, LLC (hereinafter "Ninth Peak"), you are agreeing to be bound by the following terms and conditions (hereinafter "Terms of Service"). You further agree you have read and understand said Terms of Service.

Ninth Peak reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of updates, tools and resources, shall be subject to the Terms of Service. Continued use of the Service 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.timshq.com/Home/Terms.

Violation of any of the terms below will result in the termination of your account. While Ninth Peak prohibits such conduct and content on the Service, you understand and agree that Ninth Peak is not responsible for the content posted on the Service by other users and you may be exposed to such materials. You agree to use the Service at your own risk. You further agree to indemnify and hold Ninth Peak harmless regarding all matters related to your use of the Service and content you post on the Service.

Account Terms

• You must be 13 years or older to use this Service.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password. Ninth Peak cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
• For any upgrade or downgrade in plan level, your credit card or bank draft that you provided will automatically be charged the new rate on your next billing cycle.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
• Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Ninth Peak does not accept any liability for such loss.

Cancellation and Termination

• You are solely responsible for properly canceling your account. You may call or email us and ask us to cancel your account.
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
• Ninth Peak, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ninth Peak service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Ninth Peak reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

• Ninth Peak reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Ninth Peak. Such notice may be provided at any time by posting the changes to the TIMS Site (timshq.com) or the Service itself.
• All prices of all services are guaranteed for one year from the date of purchase. Your monthly, semi-annual, or annual price will not change during the first year of service.
• Ninth Peak shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

• All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.
• We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
• The look and feel of the Service is Copyright Ninth Peak Solutions & Design, 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 Ninth Peak.

General Conditions

• Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
• Technical support is only provided to paying account holders and is only available via email.
• You understand that Ninth Peak uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Ninth Peak.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ninth Peak.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ninth Peak customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You expressly understand and agree that Ninth Peak 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 the Service will be corrected.
• You expressly understand and agree that Ninth Peak shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether those damages are economic or noneconomic, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ninth Peak 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.
• The failure of Ninth Peak to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ninth Peak and govern your use of the Service, superseding any prior agreements between you and Ninth Peak (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to support@ninthpeak.com.