TrialSchedule TERMS AND CONDITIONS

Initial Monthly Billing Term and Automatic Renewals

The initial monthly billing term shall begin on the date the user subscribes to a paid account through TrialSchedule (the "Initial Term") and shall run until the same day of the next month. For example, an account purchased on May 7th would run for an Initial Term of May 7th until June 6th. Free trial accounts are not within the Initial Term.  The price for this Initial Term shall be equal to the current monthly listed charges for the Value Plan subscribed to by the user. After the Initial Term, this Agreement shall automatically renew until the same day of the next month (Renewal Periods) at the then current monthly listed charges for Value Plan subscribed to by the user and, if applicable, number of then held additional licenses by the account holder, with successive renewals continuing each month thereafter.   Additionally, after the Initial Term, customer acknowledges, instructs and authorizes Young Ideas Software, L.L.C., as owner of TrialSchedule, to automatically bill and/or charge their credit card for renewals at the same Plan and in equal user license numbers as then exist for the account at the time of each automatic Renewal Period(s), unless terminated or cancelled by either party as provided in this section. All account holders shall be given at least 60 days notice before any increase in pricing shall go into effect.

Additional License Purchases- Prorated During Their First Month

If during the Initial Term or during any Renewal Period(s) the user purchases additional licenses for the account, the cost for each such additional license shall be based on the then current monthly fee for such license, as listed on the TrialSchedule website, but such charge shall be pro-rated based on the remaining days left prior to the next Renewal Period.

Upon reaching the next Renewal Period, all then current Value Plans and additional license(s) for the account shall be charged at the then full monthly charge for each license.

Cancellation of Account Services/Licenses

Because TrialSchedule is a monthly license based account service, cancellations are viewed in terms of ‘license’ cancellations.  This also allows a customer to cancel only one or more licenses which may be associated with their account, while still retaining the remaining account licenses.  To be considered valid, all cancellation requests must be e-mailed to billing@trialschedule.com.  There is no refund for any remaining days on a license that is cancelled during either the Initial Period or any subsequent Renewal Period.

Technical/Program Support

TrialSchedule values its customers and strives to provide excellent customer service.  Great time, expense and efforts have been made to make the program easy to use.  Help videos provide extension instructions and suggests. Nonetheless, questions regarding program use and functions may arise and therefore each Value Plan has an allotted number of hours for telephone product support.  This will be delivered to the main account user or any staff or designee of such account holder, as long as the support relates to that account.  To better serve customers, TrialSchedule may require support calls to be scheduled at set times that are convenient for both parties.  Thereafter, additional hours of Support may be purchased, at the time requested, on an hourly basis of $40 per hour, with a one hour minimum, or in blocks of 5 hours for $35 per hour. Each Support call shall be timed in at least a 10 minute minimum increment and 5 minute increments thereafter.

Promotions

TrialSchedule reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing right and responsibilities of each party. Promotional offers and rates may not be combined.

To the extent that you qualify for any promotional rates or special offers from TrialSchedule, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.

Payment by Credit Card

Payment by Credit Card: prior to activation of your user account, and at any applicable time thereafter, you authorize Young Ideas Software, L.L.C., as owner of TrialSchedule, to charge the credit card provided by you for the amount of the fees due for the agreed upon monthly Value Plan and any additional licenses as outlined by these Terms and Conditions.  You further authorize Young Ideas Software, L.L.C., as owner of TrialSchedule, to charge your credit card for all subsequent renewal fees at, or within 5 days in advance of, the commencement of any such subsequent Renewal Period. Should you fail to provide credit card authorization to pay for the charge, Young Ideas Software, L.L.C., as owner of TrialSchedule, at its sole discretion will have the right to suspend your account and/or terminate it.  As a customer courtesy, TrialSchedule will contact customer to advise of expired credit cards that may cause service suspension.

Termination of Account

The account services may be terminated by the following methods: (a) by either party by giving the other party thirty (30) days prior written notice, (b) by Young Ideas Software, L.L.C., as owner of TrialSchedule in the event of non-payment by Customer, (c) by Young Ideas Software, L.L.C., as owner of TrialSchedule  at any time, without notice, if, in TrialSchedule’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, or Customer's use of the services disrupts or, in Young Ideas Software, L.L.C., as owner of TrialSchedule sole and absolute discretion and/or judgment, could disrupt, Young Ideas Software, L.L.C., as owner of TrialSchedule business operations and/or (d) by Young Ideas Software, L.L.C., as owner of TrialSchedule upon verbal request by Customer if Customer provides satisfactory authorization and account verification.

Security

TrialSchedule has security measures in place to help protect against the loss, misuse, and alteration of the data under our control. TrialSchedule also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Site in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, TrialSchedule provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data.

Account Data Upon Termination

Upon termination of your account, the account holder shall upon request receive a pdf image of all entries then contained on their ScheduleGrid and To-DoGrid screens.  All other data shall be made available to customer for 90 days after termination of the account in a format either on paper or electronic.  Thereafter, Young Ideas Software, L.L.C., as owner of TrialSchedule, reserves the right to delete or otherwise destroy the account data.

Data Destruction Upon Customer Request

At any time, an account holder may request, in writing or by electronic mail, that all data associated with their account is immediately destroyed and TrialSchedule shall honor such request.  However, TrialSchedule reserves the right prior to destruction of the data to confirm with any other attorneys associated with the law firm or office that the firm stakeholders are in agreement regarding the destruction of the data.

No Warranties by Young Ideas Software, L.L.C., TrialSchedule and TrialSchedule.com

TrialSchedule is provided on an "as is" and "as available" basis. Young Ideas Software, L.L.C. and TrialSchedule expressly disclaim 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.

Young Ideas Software, L.L.C. and TrialSchedule make no warranty that (i) TrialSchedule and TrialSchedule.com will meet your requirements or that, (ii) TrialSchedule and TrialSchedule.com will be uninterrupted, timely, secure, or error-free. Any material data or entries uploaded, entered or downloaded through the use of TrialSchedule and TrialSchedule.com is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data.  No advice or information, whether oral or written, obtained by you from TrialSchedule and/or TrialSchedule.com shall create any warranty not expressly stated in herein. You expressly understand and agree that Young Ideas Software, L.L.C., TrialSchedule and TrialSchedule.com 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 Young Ideas Software, L.L.C., TrialSchedule and TrialSchedule.com have 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 loss of service or data entered into, through or from TrialSchedule.com; (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 loss of service or loss of data. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Changes to Terms and Conditions

From time to time Young Ideas Software, L.L.C. and TrialSchedule may find it necessary to expand, alter or change these Terms and Conditions.  Such changes shall be provided to the customer by electronic mail and made available on TrialSchedule.com.  Young Ideas Software, L.L.C. and TrialSchedule reserve the right to make such changes to these Terms and Conditions and any thereafter purchased license(s) or Renewal Periods shall be subject to such changes.