Terms and Conditions

Welcome to The Holiday Schedule!

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

The Holiday Schedule, LLC ("The Holiday Schedule," "we," or "us") provides an online service offering holiday closure information for United States post offices, government agencies, banks and other content (collectively, the "Content"). The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

i the TheHolidaySchedule.com website ("The Holiday Schedule");

ii The Holiday Schedule authorized applications, features or devices.

Access to the Content on the Properties is subject to compliance with these Terms of Use ("Terms of Use" or "Terms") and any end user license agreement that might accompany a The Holiday Schedule application or feature. To access The Holiday Schedule Content, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting The Holiday Schedule or using any of The Holiday Schedule Services (including accessing any Content) you are agreeing to these Terms. If you have any questions or comments about these Terms, please contact us at: support (at) efactoryllc (dot) com.

2. CHANGES TO THE TERMS OF USE BY The Holiday Schedule

The Holiday Schedule may amend these Terms of Use at any time by posting the amended Terms of Use on The Holiday Schedule at theholidayschedule.com/terms.

3. ACCESS AND USE OF THE HOLIDAY SCHEDULE

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by The Holiday Schedule in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by The Holiday Schedule in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by The Holiday Schedule. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by The Holiday Schedule in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Ownership. You agree that The Holiday Schedule owns and retains all rights to The Holiday Schedule Services. You further agree that the Content you access and view as part of The Holiday Schedule Services is owned or controlled by The Holiday Schedule.

Your Responsibilities. You and other users must use The Holiday Schedule for lawful, non-commercial, and appropriate purposes only. You agree to observe The Holiday Schedule Content detailed above, and further agree that you will not access The Holiday Schedule or use The Holiday Schedule Services in a way that:

violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to The Holiday Schedule Services (including the Content) that is not authorized by The Holiday Schedule (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of The Holiday Schedule Services);
involves accessing The Holiday Schedule Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of The Holiday Schedule Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to The Holiday Schedule Services, including The Holiday Schedule's servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with The Holiday Schedule Services (including the Content);
uses The Holiday Schedule Services to advertise or promote services that are not expressly approved in advance in writing by The Holiday Schedule;
collects personally identifiable information;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by The Holiday Schedule;
interferes with any other party's use and enjoyment of The Holiday Schedule Services; or
attempts to do any of the foregoing.

If The Holiday Schedule determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of The Holiday Schedule Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) The Holiday Schedule Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications. No one may use The Holiday Schedule Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

Downloads. In order to participate in certain The Holiday Schedule Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We may change, suspend, or discontinue - temporarily or permanently - some or all of The Holiday Schedule Services (including the Content and the devices through which The Holiday Schedule are accessed), with respect to any or all users, at any time without notice. You acknowledge that The Holiday Schedule may do so in The Holiday Schedule’s sole discretion. You also agree that The Holiday Schedule will not be liable to you for any modification, suspension, or discontinuance of The Holiday Schedule Services.

Internet Access Charges. You are responsible for any costs you incur to access the internet.

4. LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that The Holiday Schedule operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within The Holiday Schedule Services, we will not warn you that you have left The Holiday Schedule Services and are subject to the terms and conditions (including privacy policies) of another website or destination. You should not rely on these Terms to govern your use of another website or destination.

The Holiday Schedule is not responsible for the content or practices of any website or destination other than The Holiday Schedule, even if it links to The Holiday Schedule and even if the website or destination is operated by a company affiliated or otherwise connected with The Holiday Schedule. By using The Holiday Schedule Services, you acknowledge and agree that The Holiday Schedule is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than The Holiday Schedule.

Advertisements. The Holiday Schedule takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using The Holiday Schedule Services are between you and the advertiser, and you agree that The Holiday Schedule is not liable for any loss or claim that you may have against an advertiser.

5. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

Based on our knowledge and research, the Content on the Holiday Schedule is accurate. However, The Holiday Schedule does not in any way guarantee Content accuracy.

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE HOLIDAY SCHEDULE SERVICES, YOU AGREE THAT USE OF THE HOLIDAY SCHEDULE SERVICES IS AT YOUR OWN RISK. THE HOLIDAY SCHEDULE SERVICES, INCLUDING THE HOLIDAY SCHEDULE AND THE OTHER PROPERTIES, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE HOLIDAY SCHEDULE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE HOLIDAY SCHEDULE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL THE HOLIDAY SCHEDULE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, “THE HOLIDAY SCHEDULE PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE HOLIDAY SCHEDULE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HOLIDAY SCHEDULE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE HOLIDAY SCHEDULE SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HOLIDAY SCHEDULE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF HOLIDAY SCHEDULE SERVICES (INCLUDING YOUR USE OF THE CONTENT). THE HOLIDAY SCHEDULE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

6. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through The Holiday Schedule, including through a link, infringes your copyright, you should notify The Holiday Schedule of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that The Holiday Schedule receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to The Holiday Schedule tobydimmitt@gmail.com (subject line: "DMCA Takedown Request").

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on The Holiday Schedule that is reasonably sufficient to enable The Holiday Schedule to identify and locate the material; (iv) how The Holiday Schedule can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

7. GENERAL INFORMATION

Export Controls. Software and the transmission of applicable technical data, if any, in connection with The Holiday Schedule Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Texas without giving effect to principles of conflicts of law. In the event of a claim by you against The Holiday Schedule, you agree to submit to the exclusive jurisdiction of the courts located in the Travis County of the State of Texas. In the event of a claim by The Holiday Schedule against you, you agree to submit to the jurisdiction of the courts located where The Holiday Schedule pursues its claim against you, which may include courts in the Travis County of the State of Texas.

No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at tobydimmitt@gmail.com (subject line: "TOU Violation"). Precisely how The Holiday Schedule responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon The Holiday Schedule's precise response with respect to one party or one situation as any indication of what The Holiday Schedule might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, The Holiday Schedule's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if The Holiday Schedule acts in a way that appears to you to be inconsistent with these Terms of Use, The Holiday Schedule's action shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability. Please note that these Terms of Use and any end user license agreement that might accompany The Holiday Schedule authorized applications, features and devices, constitute the entire legal agreement between you and The Holiday Schedule and govern your use of The Holiday Schedule Services (including your use of the Content) (but excludes any services, if any, that The Holiday Schedule may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and The Holiday Schedule in relation to The Holiday Schedule Services.

Know when the holidays fall before you plan out the year.