- Information on this web site may contain inadvertent technical or factual inaccuracies or typographical errors. Information may be changed or updated without notice. TimeClock Fusion may also make improvements and/or changes in the Materials and/or Services described in this website at any time without notice.
- TimeClock Fusion does not want to receive confidential or proprietary information from you through its website. Please note that any information or material sent to TimeClock Fusion will be deemed NOT to be confidential and that you acknowledge that TimeClock Fusion shall have no obligation to keep such information confidential. By sending TimeClock Fusion any information or material, you grant TimeClock Fusion an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that TimeClock Fusion is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. If TimeClock Fusion is served with any judicial process requesting disclosure of any information provided by or pertaining to the Customer, Customer agrees that TimeClock Fusion may provide such information without any prior notification to the Customer.
- To the greatest extent allowed by law, TimeClock Fusion and its employees, directors, officers, agents, and others working on its behalf, provide this website and its materials and services on a strictly ' as is' basis and without warranty or condition (whether express or implied or by possible operation of law) and specifically disclaim any implied warranties or title, merchantability, or fitness for a particular purpose and non-infringement. TimeClock Fusion makes no warranties of any kind, whether express or implied in relation to the website, materials, or services offered on the website whether by it or on its behalf including, but not limited to implied warranties of satisfactory quality , fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition, or completeness, or any implied warranty arising from any course of dealing or usage or trade.
- In no event shall TimeClock Fusion and its employees, directors, officers, agents, and others working on its behalf, be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this website, its material or services or this agreement (however arising, including negligence). You agree to review and verify all information provided to the website by you or any of your authorized users or generated by this website before relying upon it in the calculation of any payroll, billing or any other financial analysis.
- You agree to indemnify and hold TimeClock Fusion and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party, or the use of this website.
- You agree and warrant that all use of this website shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
- You warrant and represent that you will not utilize this website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the website in a way that may cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired.
- You agree not to attempt any unauthorized access to any part or component of the website; and you agree that in the event that you have any right, claim or action against any users arising out of that user's use of the website, then you will pursue such right, claim or action independently of and without recourse to us.
- TimeClock Fusion reserves the right to modify or withdraw, temporarily or permanently, the website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
- TimeClock Fusion may alter these terms and conditions from time to time, and your use of the website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
- This website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website.
- TimeClock Fusion is not responsible for the availability of any external sites or resources referenced in this website, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party website, including (without limitation) any advertising, products or other materials or services on or available from such website or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
- You agree that you have made your own determination regarding the usefulness of the service. We disclaim all implied and other warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose. All purchases are final and non-refundable at the time of purchase. By using our services, you acknowledge you are doing so without reliance upon any representations made by TimeClock Fusion in regard to those service.
- TimeClock Fusion has the right, but not the obligation, to monitor any activity and content associated with the website. TimeClock Fusion may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in TimeClock Fusion or its licensors. You are permitted to use this material only as expressly authorized by TimeClock Fusion.
- Unless specified in a written agreement with separate terms and conditions related to a particular product or service, TimeClock Fusion makes no warranty that the website or products or services offered on the website whether by it or on its behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available or products or services offered on the website whether by us or on our behalf are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the website.
- You acknowledge that TimeClock Fusion cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the website and any information provided to or taken from the website by you.
- TimeClock Fusion will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the website or products or services offered on the website whether by us or on our behalf (including free software downloads) for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation, or any loss or corruption of data, or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
- TimeClock Fusion will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the website through a third party's hypertext link.
- If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
- Nothing shall be construed as a waiver by TimeClock Fusion of any preceding or succeeding breach of any provision.
- You acknowledge and agree that you are authorized by your employer to accept this agreement on behalf of your employer.
- Other than with respect to any written agreement between us and signed by us, these conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these conditions. You confirm that, in agreeing to accept these conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these conditions.
- The Terms and Conditions and any dispute relating in any way to your visit to this website or the Services or Products provided by this website, shall be submitted to confidential binding arbitration in Rexburg, Idaho, except that, to the extent you have in any manner violated or threatened to violate TimeClock Fusion's intellectual property rights, TimeClock Fusion may seek injunctive or other appropriate relief in any state or federal court in the State of Idaho (U.S.A.), and you consent to exclusive personal jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing in the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction in Idaho. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- The Terms and Conditions are effective as of January 1, 2011.
(c) Copyright TimeClock Fusion (timeclockfusion.com) 2010 - 2011. All rights reserved. All trademarks mentioned herein belong to their respective owners. Unless identified with the designation "TimeClock Fusion" and the contents of this website is copyrighted by TimeClock Fusion. In consideration of this authorization, you agree that any copy of these documents you make shall retain all copyright and other proprietary notices contained herein.