Terms and Conditions

1. Definitions

a) “We” “Us” and “Tymber” shall mean Up&Yes, LLC a California limited liability company, and its officers, directors, employees or agents

b) “Terms” means these Terms of Service.

c) “Site” means tymber.me

d) “App” means any platform powered by Tymber.

e) “Service” means collectively the App, Site and any retail services offered by Tymber.

2. Acceptance

By utilizing any part of the Service, you hereby accept these Terms and we encourage you to read these Terms even if you are just browsing through the Site, viewing a menu powered by the App, or are using the Service. The Service is owned and operated exclusively by Up&Yes, LLC, a California corporation.  If you do not agree to accept these Terms, you must exit the Site or App and refrain from using the Service. We may revise these Terms whenever we feel it is appropriate, and may do so without prior notification to you. If you continue to use our Service after we have published the revised versions, this constitutes your acceptance of the changes to the Terms and if you do not agree with any changes, you must exit the Service and refrain from all use. ​You can review the most current version of the Terms at any time at: https://tymber.me/terms-of-service​. We encourage you to review the Terms from time to time for updates and changes. Violation of any of the Terms may result in the termination of your Account.

3. Account Requirements

a) You must be 18 years or older to use the Service.

b) You must provide your full legal name, a valid email address, and any other information requested by us in order to complete the signup process.

c) Your username and password may only be used by one (1) person.

d) You are responsible for keeping your account and password secure. Tymber shall not be liable for any loss or damage, to you or any third-party, from your failure to maintain the security of your account and password.

e) You are responsible for all content and activity that occurs under your Service account (the “Content”).

f) You shall only use the Service for legal purposes and you shall at all times be solely responsible for complying with all laws and regulations applicable to your use of the Service

4. General Conditions

a) Technical support is only available to paying account holders and is only available via the client dashboard or email to help@tymber.me.
b) You understand that Tymber uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and maintain the Service.
c) We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third-party’s intellectual property rights or violates these Terms.
d) You shall not transmit, or permit others to transmit, any worms or viruses or any code of a destructive nature.
e) You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
f) 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 consent of Tymber.
g) All Service content, registered and unregistered trademarks, designs, processes, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. Through your use of the Service, you shall not obtain any interest in said Intellectual Property. All rights not expressly granted under these Terms are reserved by us. You shall not copy, reproduce or replicate any Intellectual Property, without the express written consent of Tymber.
h) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its content.
i) You acknowledge that your Content shall be transferred, encrypted and (i) transmitted over various networks; and (ii) may be altered to conform and adapt to technical requirements of connecting networks or devices.
j) Tymber does not warrant or guarantee that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii)
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.
k) You shall retain ownership of all Content provided to the Service. However, you agree to allow others to view your public content, including, but not limited, to the Menu.
l) You expressly acknowledge and agree that Tymber 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 Tymber 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, 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) your activation of third-party vendors integrated with Tymber products or Service; (vi) or any other matter relating to the Service.
m) The failure of Tymber to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
n) The Terms constitute the entire agreement between you and Tymber and govern your use of the Service, superseding any prior agreements between you and Tymber (including, but not limited to, any prior versions of the Terms).
o) Tymber retains all rights to the anonymized data generated by the Service.
p) Tymber may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
q) You may post a link to our Service, provided this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
r) Should any part of the Terms be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of the Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
s) Verbal, physical, written or other abuse (including threats of abuse) from you against any Tymber customer, employee, member, or officer will result in immediate termination of your Account and Service termination.
t) Tymber reserves the right to refuse service to anyone for any reason at any time.
u) Any questions about the Terms should be sent to support at help@tymber.me.

5. Modifications to the Service & Prices

a) Tymber 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.
b) Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon thirty (30) days’ notice from Tymber. Such notice may be provided at any time by posting the changes to the Site (tymber.me), App or the Service itself.
c) Tymber shall not be liable to you, or to any third-party for any modification, price change, suspension or discontinuance of the Service, or any loss arising therefrom.

6. Payments, Refunds, Upgrading & Downgrading

a) The Service is billed on a monthly basis and all payments are non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
b) Payment is due within thirty (days) days upon receipt.
c) Tymber reserves the right to suspend or discontinue your access to the Service at any time if payment is thirty (30) days delinquent.
d) 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.
e) Downgrading your Service may cause the loss of Content, features, or functionality of your Account. Tymber shall not be liable for any loss arising thereof.

7. Termination

a) You are solely responsible for properly canceling your account. You can cancel your account with thirty (30) days notice by emailing help@tymber.me.
b) Upon the termination date, all of your Content shall be immediately deleted from the Service. This information cannot be recovered once your account is terminated.
c) Your termination will take effect immediately upon our receipt of your notice to terminate and all billing for future services shall cease. You shall remain liable any unpaid invoices and you use of the Service prior to termination.
d) Tymber reserve the right to modify or terminate your Service for any reason, with or without notice, and at any time.

8. Remedies for Breach of Terms

a) Tymber may take any action that we deem necessary, or appropriate, if we believe that any user violates the Terms, infringes any Intellectual Property right, privacy right or confidentiality rights of Tymber or any third-party, or threatens anybody’s personal safety or uses offensive language. We may: (i) disclose any user’s identity to law enforcement agencies, or any third-party claiming violation of their intellectual property or privacy right, (ii) block any user’s IP address, notify any user’s Internet Service Provider, (iii) take any other action provided for in these Terms or available under equity or law.
b) Since we cannot ensure that all material submitted to us is accurate and free of third-party claims, we shall not be liable for any action or inaction regarding transmissions, communications or content provided by any user or third-party.

9. Disclaimer of Warranty

a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TYMBER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TYMBER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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.

b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TYMBER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10. Limitation of liability

a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TYMBER 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 TYMBER 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; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

11. Indemnification

You agree to defend, indemnify and hold harmless Tymber, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) any violation of the Terms; (iii) your violation of any third-party’s right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your user submissions caused damage to a third party, or (v) any claim arising from any act or omission by you, your employees, officers, directors, or agents.

12. Governing Law, Jurisdiction & Prevailing Language

These Terms and any action related thereto will be governed by the laws of California. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in San Diego, California. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
Last updated April 6th, 2019
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