5. USER ACCOUNT, PASSWORD AND SECURITY
You will create an ID and password upon completing the registration
process. You are responsible for maintaining the confidentiality of that
login information, and are fully responsible for all activities that occur
under that login. You agree to immediately notify WhenToWork.com of any
unauthorized use of logins on your account or any other breach of
security. It is recommended that you sign out from your account at the end
of each session, especially on a shared device. WhenToWork.com cannot and
will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. USER CONDUCT
You understand that all information, data,
text, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not WhenToWork.com, are
entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. WhenToWork.com does not
control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will WhenToWork.com be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
- a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- b. impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- interfere with
or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
- intentionally or unintentionally violate
any applicable local, state, national or international law,
acknowledge and agree that WhenToWork.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of WhenToWork.com, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You agree to not use any automated system, extension or software that
causes your browser to automatically reload our web pages without special
prior permission from WhenToWork.com.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold WhenToWork.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WhenToWork.com may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that messages, schedules or other uploaded Content
will be retained by the Service, the maximum number of messages that may be
sent from or received by an account on the Service, the maximum size of any
message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on WhenToWork.com's servers on
your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree that
WhenToWork.com has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
WhenToWork.com reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
WhenToWork.com 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. You agree that WhenToWork.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WhenToWork.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if WhenToWork.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WhenToWork.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WhenToWork.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WhenToWork.com shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide links to other World Wide Web sites or
resources. Because WhenToWork.com has no control over such sites and
resources, you acknowledge and agree that WhenToWork.com is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that WhenToWork.com shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
14. WHENTOWORK.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contains proprietary
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content presented to you
through the Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
WhenToWork.com grants Users a personal, non-transferable and
non-exclusive right and license to use the Software; provided that you do
not (and do not allow any third party to) copy, modify, distribute, create
a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, lease, sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
WhenToWork.com for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
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. WHENTOWORK.COM 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.
- WHENTOWORK.COM 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 SOFTWARE WILL BE CORRECTED.
- 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHENTOWORK.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHENTOWORK.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 WHENTOWORK.COM 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.
17. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
19. TRADEMARK INFORMATION
WhenToWork.com, the WhenToWork.com logo, trademarks and service marks,
and other WhenToWork.com Logos and product and service names are trademarks
of WhenToWork, Inc. You agree not to display or use in any manner, the
WhenToWork, Inc. Marks, without WhenToWork, Inc's prior permission.
20. GENERAL INFORMATION
This TOS and referenced web pages constitute the entire agreement
between you and WhenToWork.com and govern your use of the Service,
superseding any prior agreements between you and WhenToWork.com. You also
may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The
TOS and the relationship between you and WhenToWork.com shall be governed
by the laws of the State of California without regard to its conflict of
law provisions. You and WhenToWork.com agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Orange,
California. The failure of WhenToWork.com to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
This TOS applies to all Users on your WhenToWork account and you are
responsible for ensuring all Users on the account are aware of and comply
with all stated terms and conditions.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
TOS last revised June 1, 2013