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 CONDUCTYou 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;
impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
d) 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);
e) upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any
f) 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
g) 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
h) 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,
You 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.
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.
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.
8. 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.
9. 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.
10. 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, or third parties 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.
13. 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.
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. .
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) 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
b) 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.
c) 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.
d) 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.
15. 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.
16. 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 14 AND 15
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.
18. 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.com Marks, without WhenToWork, Inc's prior permission.
19. GENERAL INFORMATION
This Terms of Services and referenced web pages constitute the entire
agreement between you and WhenToWork.com and governs your use of the
Service, superseding any prior agreements between you and WhenToWork.com.
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.
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 updated June 1, 2013