By signing up to use the FingerCheck service, you are agreeing to be bound by the following terms and conditions (the “Terms and Conditions”) for use of the FingerCheck software (the “Software”) and the subscription service used by you for tracking and reporting employee work time (referred to as “Service(s)” or “FingerCheck Service(s)”). These terms and conditions are applicable to all payment terms, policies, practices, rules, standards and guidelines (“Policies”) related to the site (the “Site”) and/or the Services, in effect from time to time (collectively, the “Agreement”). FingerCheck has the right to terminate your account and refuse current or future use of the Service if you violate these terms.
By accepting the terms and conditions, you:
You may not:
All title and copyrights, trade secrets, patents, trademarks and other intellectual property in and to the Software and the Services are owned by FingerCheck. Copyright, trade secret and other laws protect the Software and the FingerCheck Services. All data not expressly entered into the FingerCheck system by you is owned by FingerCheck.
You represent and warrant (i) you have sufficient authority to enter into this Agreement; (ii) that you will at all times be in compliance with all applicable laws; (iii) that you shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing your obligations under these Terms and Conditions or by authorizing and permitting FingerCheck to perform and offer the Services hereunder; (iv) that you shall comply with all of the terms and conditions of this Agreement, as amended from time to time; and (v) that all information provided by you is truthful, accurate, and complete, and is not misleading in any way.
You agree to indemnify and hold us, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co- branders harmless from any fees, liabilities, damages, penalties, claim or demand, (including reasonable attorney’s fees, that may be made by any third party), that is due to or arising out of your conduct or connection with this Site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.
The initial term period of this Agreement and renewal term periods (collectively referred to herein as the “Term”) shall be on a month-to-month basis. This Agreement shall automatically renew at the renewal rates applicable at the start of each Term Period.
FingerCheck may modify this Agreement and all applicable rates from time to time, in its sole discretion. Any changes will be emailed to you and/or posted on the Site by FingerCheck no less than 14 days prior to implementation of changes to this Agreement. Any use of the Service and/or Site after such notice shall be deemed to be continued acceptance of this Agreement. No conditions other than those set forth in this Agreement shall be binding on FingerCheck unless FingerCheck expressly agrees in a writing signed by an authorized representative of FingerCheck. FingerCheck reserves the right to discontinue offering the Services and/or Site at any time.
FingerCheck will supply technical support during business hours via phone and/or e-mail or live-chat service on our website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE IS AT YOUR OWN RISK. THE SITE AND/OR SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND FINGERCHECK DISCLAIMS ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, SERVICES, AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR SERVICES, OR ANY ECONOMIC BENEFIT YOU MAY GAIN FROM USE OF THE SITE AND/OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
This Agreement (i) shall be governed by and construed in accordance with the internal substantive laws of New York State, without giving effect to its principles of conflicts of law; and (ii) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties concerning the subject matter hereof. You submit to jurisdiction and venue in the state and federal courts located in the New York State, and further agree that any cause of action you may bring arising under this Agreement will be brought by you exclusively in a state or federal court located in the New York State. You agree to pay all legal expenses of FingerCheck, including reasonable attorney’s fees, should you be found in breach of this Agreement
FINGERCHECK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF FINGERCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FINGERCHECK’S TOTAL CUMULATIVE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED AN AMOUNT EQUAL TO ALL AMOUNTS ACTUALLY REALIZED BY FINGERCHECK FROM YOU DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE, THAT THEY ARE AN ESSENTIAL ELEMENT HEREOF AND THAT ABSENT SUCH LIMITATIONS, FINGERCHECK WOULD NOT ENTER INTO THIS AGREEMENT.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the parties.
The terms of the aforementioned Sections shall survive the termination or expiration of this Agreement.