Welcome to the Social Platform
That Revolutionizes Calendar Sharing

Terms and Conditions

TERMS OF USE

 

Thank you using the FollowMyCal website and mobile application (the “Application”) (collectively, with other services offered, referred to as the “Site”). We have prepared the information below to ensure that your experience on our Site is one you enjoy. FollowMyCal, LLC provides this site as a service to its customers. Please review the following basic rules that govern your use of our Site. Please not that your use of our Site constitutes your agreement to follow and be legally bound by the terms and conditions below. If you do not agree to these terms, please do not use this Site. Although you may “bookmark” a particular portion of the Site and thereby bypass this agreement, your use of this Site still binds you to the terms. Since FollowMyCal may revise these Terms of Use at any time, you should visit this page periodically to review the terms. Should you have any questions concerning any of our policies, please contact us at rcarthon@followmycal.com

 

GENERAL INFORMATION

 

Legal Information. Followmycal.com, the Application and all related services are owned and operated by FollowMyCal, LLC, a Louisiana limited liability corporation with offices at 4137 Waller Dr. Shreveport, LA 71119. Any references herein to FollowMyCal, followmycal.com, we” or “us” shall be deemed to refer to followmycal.com, the FollowMyCal mobile application and/or FollowMyCal, LLC, as applicable under the circumstances.

 

These Terms of Service, our Privacy Policy, and all policies posted from time-to-time on the Site set out the terms on which FollowMyCal offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies and the Privacy Policy are incorporated into these Terms of Service. You agree to comply with all the above when accessing or using our Services.

 

Note to Social Media Users. When purchasing products and services from the Site, our Facebook page or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service or other terms and conditions imposed by that social media Web site, which may contain terms and conditions different from these Terms of Service.

 

MOBILE DEVICES

 

If you're accessing FollowMyCal from a mobile device using the FollowMyCal mobile application, the following terms and conditions (“Mobile Terms of Use”) apply to you in addition to these Terms of Service. Your use of the Application confirms your agreement to these Mobile Device Terms of Use.

 

Application Use. FollowMyCal grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.followmycal.com website.

 

Intellectual Property-Applications. FollowMyCal owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter FollowMyCal's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any FollowMyCal Application.

 

Prohibited Countries Policy and Foreign Trade Regulation-Applications. FollowMyCal Applications or their underlying technology may not be downloaded to or exported or reexported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a FollowMyCal Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).

 

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

 

iOS-Apple/Android

 

ABOUT FOLLOWMYCAL

 

FollowMyCal is a social calendar platform that allows you to seamlessly share your events across multiple calendars using only one platform. It allows you to put all of your calendars (Google, Microsoft, iCal) in to one central location.

 

While we may provide event posting and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, FollowMyCal has no control over and does not guarantee the existence, quality, safety or legality of any items advertised; or the truth or accuracy of users' content or listings.

 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach these Terms of Service, your improper use of the Services or your breach of any law or the rights of a third party.

 

Using FollowMyCal

In connection with using or accessing the Services you will not:

Your postings also must not contain the following:

 

Listing Conditions

When posting an event listing to the FollowMyCal Web site or Application, you agree that:

 

TRADEMARKS AND SERVICE MARKS

 

FollowMyCal is a trademark of FollowMyCal, LLC. All rights are reserved. These and other FollowMyCal graphics, logos, service marks and trademarks of FollowMyCal, LLC may not be used without the prior written consent of FollowMyCal, LLC. All other trademarks, product names, and company names and logos appearing on this Web site or in any materials relating to our Services are the property of their respective owners.

 

Unless otherwise noted, all design and content featured on the Site – including navigational buttons and images, artwork, graphics, photography, text, and the like – are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by FollowMyCal. The Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of FollowMyCal. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from FollowMyCal. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

 

 DISCLAIMERS AND LIMITATION OF LIABILITY

 

You expressly agree that use of FollowMyCal's Services is at your sole risk. Neither FollowMyCal, LLC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this Site will be uninterrupted or error free, nor do they make any warranty as to any of FollowMyCal's Services, or as to the accuracy, reliability, or currency of any information, content, or service provided through this Site.

 

Disclaimer of Warranties. FOLLOWMYCAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS SITE. FOLLOWMYCAL DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH FOLLOWMYCAL WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FOLLOWMYCAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) FOLLOWMYCAL OR THE SERVER(S) THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOLLOWMYCAL'S PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THE SITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FOLLOWMYCAL,LLC AND ITS AFFILIATES.

 

Limitation of Liability. IN NO EVENT SHALL FOLLOWMYCAL OR ITS’ AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH FOLLOWMYCAL, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH FOLLOWMYCAL, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF FOLLOWMYCAL OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

 

You agree to indemnify, defend, and hold harmless FollowMyCal, its’ officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Internet Delays. Use of the site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. FollowMyCal is not responsible for any delays, delivery failures, or other damage resulting from such problems.

 

Links to Third Party Sites. The Site contains links to third party sites. These links are provided for convenience purposes and are not under the control of FollowMyCal. If you choose to link to such third party web sites, FollowMyCal makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. FollowMyCal does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. FollowMyCal disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.

 

CONTENT AND COPYRIGHT OWNERSHIP

 

Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the FollowMyCal logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of FollowMyCal or its licensors or users and are protected by U.S. and international copyright laws.

 

You are granted a limited, nonsublicensable license to access and use the Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of the Site Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of FollowMyCal, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

 

Digital Millennium Copyright Act (“DMCA”) Notice

If you believe any material available via this Web site infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Followmycal, LLC

Attn: Customer Care

4137 Waller Drive

Shreveport, Louisiana 71119

E-Mail: rcarthon@followmycal.com

 

Please see 17 U.S.C.A. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

In accordance with the DMCA and other applicable law, FollowMyCal has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. FollowMyCal may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third Party Site Materials

FollowMyCal may provide third party content on the Site and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that FollowMyCal is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.

 

Advertisements and Promotions; Third-Party Services and Services

FollowMyCal may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. FollowMyCal is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-FollowMyCal advertisers or third party information on this Web site.

 

SUBMISSION OF IDEAS

 

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about FollowMyCal, the Site and our Services (collectively, “Ideas”). Ideas, whether posted to this Web site or provided to FollowMyCal by e-mail or otherwise are entirely voluntary, nonconfidential, gratuitous and noncommittal. FollowMyCal shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

 

LINKS

 

You are granted a limited, nonexclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such links do not portray FollowMyCal in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use FollowMyCal's logo or other proprietary graphics to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any FollowMyCal trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FollowMyCal or any third party.

 

FollowMyCal makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party web sites accessible via hyperlink or web sites linking to the Site. Such sites are not under the control of FollowMyCal and FollowMyCal is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FollowMyCal and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by FollowMyCal of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Web site.

 

CONFIDENTIALITY

 

In the course of providing Services and information via the Site, FollowMyCal may deliver to you content, materials and other information which is confidential, proprietary to FollowMyCal, or which constitutes a “trade secret” of FollowMyCal (“Confidential Information”). You agree that you will hold all Confidential Information in trust for FollowMyCal, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with FollowMyCal or in any other way detrimental to FollowMyCal. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to FollowMyCal's Services, information (whether in written or electronic form) delivered to you in the course of rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to FollowMyCal and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.

 

TERMINATION

 

Notwithstanding any of these Terms of Service, FollowMyCal reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site and to block or prevent your future access to, and use of, this Web site.

 

APPLICABLE LAW

 

These Terms of Service and this Web site are created and controlled by Followmycal, LLC, a limited liability corporation organized in the State of Louisiana, U.S.A. The laws of the State of Louisiana will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Louisiana and of the United States District Court for the Eastern District of Louisiana for any litigation arising out of or relating to use of or purchase made through FollowMyCal (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of Louisiana and agree not to plead or claim in any court of the State of Louisiana that such litigation brought therein has been brought in an inconvenient forum.

 

Agreement to Arbitrate

 

You and FollowMyCal each agree that any and all disputes or claims that have arisen or may arise between you and FollowMyCal relating in any way to or arising out of this or previous versions of these Terms of Service, your use of or access to FollowMyCal's Services, or any products or services sold, offered, or purchased through FollowMyCal's Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (nonclass, nonrepresentative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

Prohibition of Class and Representative Actions and Nonindividualized Relief

 

YOU AND FOLLOWMYCAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FOLLOWMYCAL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Service as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 FREE. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

 

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to FollowMyCal should be sent to FollowMyCal, LLC, at 4137 Waller Drive, Shreveport, Louisiana 71119. FollowMyCal will send any Notice to you to the physical address we have on file associated with your FollowMyCal account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

 

If you and FollowMyCal are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or FollowMyCal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to FollowMyCal at the following address: Followmycal, LLC, at 4137 Waller Drive, Shreveport, Louisiana 71119. In the event FollowMyCal initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your FollowMyCal account. Any settlement offer made by you or FollowMyCal shall not be disclosed to the arbitrator.

 

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or FollowMyCal may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FollowMyCal subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or FollowMyCal may attend by telephone, unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same FollowMyCal user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. Any request for payment of fees by FollowMyCal should be submitted by mail to the AAA along with your Demand for Arbitration and FollowMyCal will make arrangements to pay all required fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse FollowMyCal for all fees associated with the arbitration paid by FollowMyCal on your behalf that you otherwise would be obligated to pay under the AAA's rules.

 

Severability

With the exception of any of the provisions in the Section of this Agreement to Arbitrate entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the Section of this Agreement to Arbitrate entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

 

Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against FollowMyCal prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and FollowMyCal. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on followmycal.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

 

MODIFICATION OF TERMS

 

FollowMyCal may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary e-mail address specified in your FollowMyCal account or by placing a prominent notice on the Site. You are responsible for regularly reviewing these Terms of Service. Continued use of FollowMyCal after any such changes shall constitute your irrevocable and unconditional consent to such changes.

 

NOTICES

 

FollowMyCal may give notice by means of a general notice on the Site, or electronic mail to your e-mail address on record in FollowMyCal's account information, or by written communication sent by first class mail or prepaid post to your address on record in FollowMyCal's records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by email).

 

MISCELLANEOUS

 

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

No joint venture, partnership, employment, or agency relationship exists between you and FollowMyCal as a result of these Terms of Service. The failure of FollowMyCal to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FollowMyCal in writing.

 

These Terms of Service, together with any applicable policies, comprise the entire agreement between you and FollowMyCal and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

 

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.

 

The policies posted on our sites may be changed from time-to-time. Changes take effect when we post them on the FollowMyCal Site.

 

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Service. Such account is owned and controlled by the business entity.

 

The following Sections survive any termination of these Terms of Service: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.