Terms and Conditions
Last updated: February 07, 2019
Applicable from: March 08,2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.timerewards.com website and the TimeRewards App mobile application (together, or individually, the "Service") operated by TimeRewards Software, Inc ("us", "we", or "our").
In these Terms, we use the following terms to describe different types of visitors to our Site. Our customers are called “Subscribers” We use the word “staff” to describe persons to whom Subscribers give “staff” access on the Site.
In these Terms, we use Confidential Information to describe data collected by use of the service by subscribers or staff or from the Service infrastructure itself (for example, the duration of a page visit).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and our Privacy Policy. If you do not agree with these Terms and our Privacy Policy in their entirety, you may not use the Site.
By accessing or using the Service you agree to be bound by these Terms and Privacy Policy . If you disagree with any part of the terms and Privacy Policy then you do not have permission to access the Service.
Please refer to our Privacy Policy for information on how we collect, uses and discloses personally identifiable information from our users.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send to the administrator of the account. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. We will never send newsletters, marketing or promotional materials to your Staff directly.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, you will automatically be charged based on the number of staff who uses the system, unless you cancel it or TimeRewards Software, Inc cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting TimeRewards Software, Inc customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide TimeRewards Software, Inc with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize TimeRewards Software, Inc to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, TimeRewards Software, Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
TimeRewards Software, Inc may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
If you do enter your billing information when signing up for the Free Trial, you will not be charged by TimeRewards Software, Inc until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, TimeRewards Software, Inc reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
TimeRewards Software, Inc, will not modify Subscription fees for a period of two years from Subscription start date. TimeRewards Software, Inc in its sole discretion and at any time after that, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
TimeRewards Software, Inc will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by TimeRewards Software, Inc on a case-by-case basis and granted in sole discretion of TimeRewards Software, Inc. The refund amount will never be more than the amount billed in the previous two Billing Cycles.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
TimeRewards Software, Inc has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of TimeRewards Software, Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TimeRewards Software, Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TimeRewards Software, Inc.
We will hold in confidence and will not disclose any information related to you or your business (the “Confidential Information”) to any third party, except as necessary to provide the Service, or as authorized by you in writing.
We further undertake to limit access to your Confidential Information to our employees who have signed confidentiality agreements containing protections no less stringent than those herein.
Our Service may contain links to third party web sites or services that are not owned or controlled by TimeRewards Software, Inc
TimeRewards Software, Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that TimeRewards Software, Inc 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, send an email to support@timerewards.com and you may simply discontinue using the Service.
When you terminate your account:
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless TimeRewards Software, Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall TimeRewards Software, Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
TimeRewards Software, Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Email: support@timerewards.com
Telephone: 800.631.1365
Address:
9600 Great Hills Trail
Suite 150W
Austin, TX 78759