FingerCheck is a software application that provides employers with an all-in-one platform through which the employers can manage their employees (the “Software”). The Software, hosted online by FingerCheck and accessible through https://fingercheck.com (the “Site”), includes several separate FingerCheck-provided modules that provide support for (i) applicant tracking, (ii) employee self-onboarding, (iii) payroll, (iv) human resources, (v) time tracking, and (vi) any other functionality that FingerCheck may make available from time to time. Employers may elect to use one, several or all of the FingerCheck modules. Employers also may purchase workers’ compensation insurance through a third party licensed insurance provider (provided through separate and/or additional contract terms and conditions); however, FingerCheck itself does not sell insurance products. The FingerCheck modules described in items (i)-(iv) above (i.e., all modules except for time tracking) are also referred to as “FingerCheck 360”. The services supported by the Software (as described above and in Section 2 below and including, without limitation, any additional services used or received by you from FingerCheck) are referred to as the “FingerCheck Services”.
The FingerCheck Services and the Software are referred to collectively as the “Services”.
1. General Rights of Service
2. FingerCheck Services
The Software provides a platform to meet the workforce management needs of employers. The FingerCheck Services supported by the Software include the following:
a) Using the human resources module, employers can streamline the hiring for employees by creating job postings, running background checks, and reviewing and screening applicants.
b) Once an employee is hired, the employer may perform employment onboarding processes using the Software, including loading the new employee into the Software, generating electronic new hire forms (e.g., W-4 form; I-9 form) for the employee to sign, and electronically reporting new employees to government agencies.
c) After a new employee has been onboarded, the employee may utilize the time tracking functionality. The employee may clock-in using the Software, and the employer may view those employee time records.
d) Once a pay period is finished, the employer may process employee timesheets and run payroll using the Software and FingerCheck Services. The employer may print checks, set up direct deposit, or transfer funds into paycards in order to pay employees. The FingerCheck Services also offer third party agency check services. Certain payroll, direct deposit and tax services are provided by third party contractors of FingerCheck, and such functionality is provided only through separate and/or additional contract terms and conditions.
3. Eligibility & Use of Services
4. User Accounts
Some Services may require payment of fees to FingerCheck; if you purchase any goods or services that require payment of fees to FingerCheck, you agree to provide FingerCheck (or FingerCheck’s payment agent) with current, complete, true and accurate billing information, such as your credit card or other payment system number and expiration date.
If you create an Account, you may be asked to choose a password and a user name. You understand and agree that FingerCheck reserves the right to change, remove, alter or delete any user name at any time and for any reason in FingerCheck’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify FingerCheck immediately of any unauthorized use of your Account or any other breach of security and to provide properly documented evidence as requested by FingerCheck. You may not transfer, buy, auction, rent, lease, loan or sell access to your Account or the Services. You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time (except for third parties specifically authorized by FingerCheck in writing). You may not use a single Account for multiple business entities. You agree that FingerCheck will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by FingerCheck or another party due to someone else using your Account or password.
FingerCheck reserves the right to terminate or suspend your ACCOUNT AND/OR access to the Site and/or the Services at any time, for any reason or no reason, with or without notice to you. FingerCheck also reserves the right to change (or discontinue OFFERING) ANY service or ANY feature provided by FingerCheck, including, without limitation, the Site and the Services, at any time and without notice. you agree that FingerCheck shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance.
In the event that your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it.
5. Content & Intellectual Property
“Content” shall include, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information you see on the Site and/or the Services, whether provided by FingerCheck or by users of the Services, except that Content shall not include data expressly entered into the FingerCheck Services by you (such data that you enter into the FingerCheck Services, the “Client Data”). YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF FINGERCHECK AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHO PROVIDED THE CONTENT.
ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without FingerCheck’s prior written permission.
You may not, under any circumstances, use the Content or the Services in any manner: (i) that is unlawful; (ii) that could damage, disable, overburden, or impair any FingerCheck server or the network(s) connected to any FingerCheck server; (iii) that could interfere with any other party’s use and enjoyment of the Services; (iv) that gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any FingerCheck server, or to any of the Services, through hacking, password mining or any other means; (v) that collects or aggregates information regarding other users’ actions relating to the Services; or (vi) that. You may not (A) modify or create derivative works based upon the Site, the Content or the Services, or permit other individuals to do so; (B) reverse engineer, decompile, disassemble or attempt to reverse engineer, decompile, or disassemble any part of the Site, the Content or the Services; or (C) remove, alter, or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Site, the Services and/or the Content.
You hereby grant to FingerCheck a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right and license to use, copy, modify, and prepare derivative works of any Client Data that you provide, directly or indirectly, to FingerCheck (including, without limitation, all modifications and derivative works thereof, and all portions and copies thereof in any form) in order to provide the Services, without any further consent, notice and/or compensation to you or to any third parties. By providing Client Data to us, you represent and warrant that (1) you are entitled to submit the Client Data to FingerCheck, (2) the Client Data is accurate, and (3) your provision of the Client Data and/or use of such in conjunction with the Services does not violate any contractual restrictions or other third party rights, does not violate any applicable laws or regulations, and does not infringe or misappropriate a third party’s Intellectual Property Rights. You agree that any Client Data you provide to FingerCheck does not create an obligation for FingerCheck to provide you any payment or other remuneration for such Client Data.
6. Rules of Conduct
By way of examples and not as limitations, you agree that you may not access the Site and/or Services to: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (b) publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Sites and/or Services, other users’ access to the Sites and/or Services and/or other users’ computers; (c) violate any applicable laws or regulations, or promote or encourage any illegal activity; (d) restrict or inhibit any other user from using and enjoying the Services; (e) collect in any manner information regarding users of the Sites or Services, or other user or usage information or any portion thereof, or distribute such information to any third party; (f) attempt to obtain passwords, other Account information, or any other private information from any other user of the Sites or the Services, including, without limitation, the collection of personal information of others, including e-mail addresses; (g) make false reports to FingerCheck administrators; (h) publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Sites and/or Services; (i) use the Services for fraudulent transactions; or (j) institute an attack upon any server used in connection with the Sites or the Services or any portion thereof or otherwise attempt to disrupt such servers.
7. Fees and Payment
a. Fees. Fees shall be charged per month as stated on our Site.
b. Fee Changes. FingerCheck reserves the right to change its fees at any time by posting notice on the Site or Services at least 30 days prior to the change. Any 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.
e. 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 one percent (1%) per month or the highest rate permissible under applicable law for the actual number of days elapsed.
f. Fees Charged by Third Party Sites. FingerCheck may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to FingerCheck. FingerCheck may also provide access to third-party vendors who provide information, goods and/or services on the Site or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. FingerCheck makes no representation or warranty regarding any information, goods and/or services provided by any third-party.
g. No Purchases by Minors. You must be at least 18 years of age or older to purchase products or services from FingerCheck. By ordering a product or service online from FingerCheck, you represent that you are 18 years of age or older. If a person under the age of 18 orders a product or service from FingerCheck, then the parent or guardian of that person may return the product or service for a refund according to the posted returns and exchanges policy related to that specific order.
h. No Refunds. 100% of all fees due and paid are NON-REFUNDABLE. No exceptions will be made.
8. Representations and Warranties
12. Termination & Survival
b. FingerCheck’s Right To Terminate.
iii. All decisions made by FingerCheck in this matter will be final, and neither FingerCheck nor its licensees (or distributors) shall have any liability with respect to such decisions.
14. Technical Support
FingerCheck will supply technical support during business hours via phone and/or e-mail or live-chat service on our website.
16. Time Clock and Related Data
a. 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.
17. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE IS AT YOUR SOLE RISK. THE SITE AND/OR SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, COURSE OF CONDUCT, OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, EXCEPT TO THE EXTENT SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
FINGERCHECK DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FINGERCHECK WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. FINGERCHECK DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION THE CONTENT) OR THE SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND THE SERVICES AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF FINGERCHECK OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, EMPLOYEES OR VISITORS, WHETHER MADE ON THE SITE, IN THE CONTENT OR OTHERWISE, SHALL CREATE ANY WARRANTY.
FINGERCHECK MAKES NO WARRANTY THAT THE CONTENT WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
FINGERCHECK DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
FINGERCHECK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FINGERCHECK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES. YOU FURTHER AGREE THAT THIRD PARTY ITEMS PURCHASED ARE DONE SO VIA AN AGREEMENT BETWEEN YOU AND THE THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
18. Applicable Law & Disputes
19. Jurisdictional Issues
20. Limitation on Liability
YOUR USE OF THE SITE, THE SERVICES AND ANY CONTENT ARE ENTIRELY AT YOUR OWN RISK. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, THE SERVICES AND THE CONTENT.
YOU ARE RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF ALL DATA AND INFORMATION THAT YOU PROVIDE OR SUBMIT TO THE FINGERCHECK PARTIES, AND THE FINGERCHECK PARTIES SHALL NOT (A) VALIDATE THE ACCURACY OR COMPLETENESS OF SUCH DATA AND INFORMATION OR (B) REVIEW SUCH DATA AND INFORMATION FOR ERRORS. THE FINGERCHECK PARTIES SHALL NOT BE RESPONSIBLE FOR (1) ANY INCORRECT, INACCURATE OR INCOMPLETE DATA OR INFORMATION THAT YOU PROVIDE OR SUBMIT HEREUNDER OR (2) ANY INCORRECT, INACCURATE OR INCOMPLETE USE OF (OR SETTING UP OF RULES WITHIN) THE SERVICES BY YOU. THE FINGERCHECK PARTIES SHALL NOT BE RESPONSIBLE FOR (AND YOU SHALL SOLELY BE RESPONSIBLE FOR, AND SHALL INDEMNIFY AND HOLD THE FINGERCHECK PARTIES HARMLESS FROM) ANY DAMAGES (INCLUDING WITHOUT LIMITATION, FINES, PENALTIES OR INTEREST) THAT RESULT FROM ITEMS (1)-(2) ABOVE. WHILE THE SERVICES ARE INTENDED TO ALLOW YOU TO COMPLY WITH LAW, YOU REMAIN RESPONSIBLE FOR ALL LEGAL COMPLIANCE (INCLUDING WITHOUT LIMITATION, TAX, PAYROLL, AND BENEFITS LAWS AND COMPLIANCE) WITH RESPECT TO YOUR USAGE OF THE SERVICES.
THE SERVICES ARE NOT INTENDED TO BE THE “SOURCE OF RECORD” FOR DATA, INFORMATION AND MATERIALS (INCLUDING WITHOUT LIMITATION, CLIENT DATA) THAT YOU PROVIDE TO FINGERCHECK. YOU ARE RESPONSIBLE TO SEPARATELY STORE AND/OR MAINTAIN ORIGINALS AND/OR COPIES OF SUCH DATA, INFORMATION AND MATERIALS. THE FINGERCHECK PARTIES ASSUME NO RESPONSIBILITY FOR (AND YOU SHALL NOT HOLD THE FINGERCHECK PARTIES RESPONSIBLE FOR) ANY LOSS OF DATA SUFFERED BY YOU, INCLUDING WITHOUT LIMITATION, TO THE EXTENT CAUSED BY DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE FINGERCHECK PARTIES, OR BY YOUR OR OTHER USERS’ ERRORS AND/OR OMISSIONS.
UNDER NO CIRCUMSTANCES WILL THE FINGERCHECK PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
FIGERCHECK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. AS SUCH, FINGERCHECK DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE TO STOP USING THE SITE AND SERVICES, AND TO CANCEL YOUR ACCOUNT(S).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE FINGERCHECK PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
21. Links to Third Party Sites
22. Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
By providing your email address to FingerCheck, you understand you may receive periodic information regarding current and future services offered on the Sites and/or the Services and/or related third party products (“Service Offerings”). You may unsubscribe from such Service Offerings at any time by (i) notifying us in writing, as provided in Section 27 (Contact FingerCheck) below, of your intent to unsubscribe or (ii) terminating your Account as described in Section 12 (Termination & Survival).
25. Entire Agreement
(iii) Waiver: No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(iv) Headings: The paragraph and section headings, captions and titles provided herein are for convenience only and shall have no effect on the meaning of the provision.
27. Contact FingerCheck
1000 Gates Avenue, 3rd Floor
Brooklyn, NY 11221
© 2016 FingerCheck – All Rights Reserved.