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Service Agreement

General Rights of Service

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:

  1. represent and warrant that you are 18 years old or older
  2. agree to provide true, accurate, current and complete information
  3. agree to maintain and update your information to keep it true, accurate, current and complete

You may not:

  1. create or modify derivative works based on the Service or the Software, or permit other individuals to do so
  2. rent, lease, or transfer rights to the Service or the Software
  3. use a single account for multiple business entities provide third parties with access to your account
  4. provide third parties with access to your account, except for third parties specifically authorized by FingerCheck
  5. reverse engineer or disassemble the Service or the Software


Intellectual Property

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.

Fees and Payment

  1. Fees. Fees shall be charged per month as stated on our Website.
  2. Fee Changes. FingerCheck warrants that no price changes will be in made until January 1, 2016. After that time, FingerCheck reserves the right to change its fees at any time by posting notice 30 days prior to the change. Start of service during the month will be charged on a prorated basis for that month. A fee change for subscription fees or any additional fees will go into effect at the start of the month following the announced rate change.
  3. Payment. FingerCheck reserves the right to change its payment policies from time to time in its sole discretion. You agree to pay FingerCheck all applicable charges to your account, in United States dollars, in accordance with the payment policy in effect at the time those charges become due. Your account on file will be charged with corresponding fees in accordance with the then-current rates. You agree to not charge back any of the related fees associated with your account.
  4. Method of Payment. You agree and represent that all payment information you provide for the Services will be accurate, complete, and current. You may make payment by business check prior to the payment due date upon receipt of invoice. However, should you expressly authorize FingerCheck to charge your credit card, charge card, debit card, or checking account for any and all applicable Account Charges associated with your account hereunder, if payment cannot be charged for whatever reason, or if there is a charge-back for any reason, FingerCheck reserves the right to suspend or terminate your account with FingerCheck and the associated Services. If you provide FingerCheck with a credit/debit/charge card that expires during the term of this Agreement, FingerCheck reserves the right to charge any renewal card issued to you as a replacement without additional consent from you.
  5. Failure to Make Payment. In the event that you fail to make payment, or upon any charge-back, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by FingerCheck in collecting such amounts plus interest at the rate of the lesser of five percent (5%) per month or the highest rate permissible under applicable law for the actual number of days elapsed.
  6. No Refunds. 100% of all fees due and paid are NON-REFUNDABLE. In order to treat everyone equally, no exceptions will be made.


Representations and Warranties

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.

Indemnification

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.

Term

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.

Termination

  1. Your Right To Terminate. You may terminate this Agreement at any time and for any reason by contacting us and canceling the Services. FingerCheck does not refund the Fees or prorate any Fees should you cancel the Services prior to the end of the Term. Once your Account has been terminated, you will no longer be able to access the information previously stored on your Account.
  2. FingerCheck.com’s Right To Terminate.
    1. FingerCheck may terminate this Agreement, in its sole discretion, in advance of any renewal Term by providing written notice to you of its intention not to renew. FingerCheck may terminate your month-to-month Term upon ten (10) days written notice to you prior to the end of the current month.
    2. FingerCheck may, in its sole discretion, immediately terminate your account at any time during any Term, and discontinue your participation in the Service, if FingerCheck believes that your conduct may be harmful to its business. Reasons for such termination may include, but are not limited to the following: (i) failure to make payment in accordance with FingerCheck’s terms, (ii) if FingerCheck believes that you may be competitive with FingerCheck or intend to develop a competitive service to the FingerCheck Services, (iii) if FingerCheck believes that you have violated this Agreement or other policies or guidelines of FingerCheck, and/or (iv) if FingerCheck believes your conduct may be harmful to others who participate in the Service. If FingerCheck terminates under Terminate Section b.ii, FingerCheck’s termination shall be effective immediately, and the notice provisions described in Terminate Section 7b.i shall not apply.
    3. All decisions made by FingerCheck in this matter will be final and FingerCheck nor its licensees (or distributors) shall have any liability with respect to such decisions.
  3. Effect of Termination. Upon termination, you will no longer be able to access your Account. Regardless of which party terminates this Agreement, you will be responsible for all charges incurred up to and through the date of termination and such charges will be due and payable immediately. Upon any termination, FingerCheck reserves the right to delete any and all information in your account, at FingerCheck’s discretion, and it will no longer be accessible by you.


Modifications

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.

Technical Support

FingerCheck will supply technical support during business hours via phone and/or e-mail or live-chat service on our website.

Non-Compete and No Assignment/Resale

  1. Non-compete. You agree that you will not develop a competing service to FingerCheck during the term of this Agreement and for one year thereafter. Violation of this clause is grounds for immediate termination by FingerCheck with no liability on the part of FingerCheck; FingerCheck may seek equitable relief to stop the violation and competing activity as well as any other relief available under the law.
  2. No assignment or Resale. You may not resell, assign, or transfer any of your rights under this Agreement, and if you attempt to resell, assign, or transfer its rights, FingerCheck may immediately terminate this Agreement without liability to FingerCheck


Time Clock and Related Data

  1. Storage. The time clock data for FingerCheck will be hosted on FingerCheck servers, unless otherwise agreed. While FingerCheck shall make every reasonable effort to protect and backup that data on a regular basis, ultimately you are responsible for backing up and exporting your time clock data. FingerCheck does not warrant that your use of the Services will be uninterrupted or that the Service operations will be error-free or secure. The security mechanisms implemented by FingerCheck have inherent limitations, and you must determine whether the Service sufficiently meets your requirements.
  2. Your Data. Your Data consists of the time information input into the FingerCheck interface by you. FingerCheck shall not use your Data except directly in furtherance of the purposes of this Agreement. FingerCheck shall not disclose your Data to any third party unless directed by you, unless (a) such disclosure is made by FingerCheck in response to a court order, and provided that FingerCheck has given you reasonable notice of such court order, or (b) is in aggregate non-personally identifiable form. All data that is not your time clock data belongs to FingerCheck (collectively “FingerCheck’s Data”). You agree that FingerCheck owns all FingerCheck’s Data.


Disclaimer of Warranties

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.

Applicable Law

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

Limitation on Liability

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.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the parties.

Survival

The terms of the aforementioned Sections shall survive the termination or expiration of this Agreement.

Contact Us

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  • Phone: 1-800-610-9501
  • Fax: 1-888-276-2712
  • Email: Info@FingerCheck.com