Terms and Conditions

 

These Terms and Conditions describe your rights and responsibilities when using our online web application and other tools (such as desktop and mobile applications) provided by LaborPay Kiosk, LLC (the “Company”), and its related affiliates and Licensors. Please note that access to certain job tracking features on our online web application and other tools (including punching-in, shift and meeting scheduling and other employment related features through our desktop and mobile applications) is provided to you as part of an ongoing service provided by the Company to your employer; as such, your access to those features will depend on whether your employer continues procuring such services from the Company. Should you experience any issues accessing our online web and other tools, we suggest reaching out to your employer before contacting us to verify the status of our services with them.        

 

Please read these terms of use very carefully before registering for the Services as defined further below. These terms and conditions (“Agreement”) govern your accessing content and using [LaborPay Kiosk], its related web sites and mobile applications. This Agreement between you (“You”) and the Company, is subject to change by us as described below.

 

By downloading, registering with, or using the [LaborPay Kiosk Web Portal], its related web sites and mobile applications, You (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and the Company.

 

1.     This web site and any mobile application (collectively the “Site”) is owned and operated by the Company and access to certain job tracking features is granted to you pursuant to ongoing services paid for by your employer. The Site and its content (“Content”) and the [LaborPay Kiosk Web Portal] software shall be provided merely as a service (“Service”) and may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by the Company or the copyright owner to the fullest extent allowed by law.

 

2.     You may stop using the Services at any time. You do not need to specifically inform the Company when you stop using the Services. You acknowledge and agree that if the Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.

 

3.     You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, create derivative products, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which the Company may suffer) of any such breach.

 

4.     The Company does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. Upon prior notice however, your access to certain components of the Service shall be charged an appropriate fee which shall be payable through credit card (or in some cases paid for by your employer as part of the services rendered by the Company). You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information. By using a credit card for the payment of the fees, you represent and warrant to the Company that you are the authorized card holder and absolve the Company of any liability for any charges arising from the use of the Service. For single transactions, the Company shall charge the fees to your credit card once while recurring fees will be charged to your credit card on a monthly basis. The Company reserves the right to amend its schedule of fees and/or change its billing methods. Should you find any change or amendment unacceptable, you may opt to cancel your membership without however any right to demand refund for fees that have already accrued prior to such cancellation. The Company reserves the right to impose upon you any sales or use taxes which the Service may be subjected to.

 

5.     You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which maybe you.

 

6.     The Company reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein. As between the parties, the Company owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by the Company from performance and usage data generated through your use of the Site (collectively, “Aggregate Data”). [Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data.]

 

7.     While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or representations in the Content of this Site.

 

8.     Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that the Company shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. The Company has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

 

9.     If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, the Company shall own such content and material and you hereby assign any rights in such content and material to the Company. In the event ownership in the content or material cannot be granted to the Company, you grant the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from such content and material. Furthermore, you grant the Company, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold the Company and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.

 

10.  At your discretion, you may provide feedback to the Company concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to the Company. In the event ownership in the Feedback cannot be granted to the Company, you grant the Company, at no charge, a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, and modify such Feedback. You agree that the Company may disclose that Feedback to any third party in any manner and you agree that the Company has the ability to sublicense all Feedback in any form to any third party without restriction.

 

11.  The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. The Company may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

 

12.  You shall not transmit to the Company or upload to the Site any Harmful Code or use or misappropriate the data on the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

 

13.  You may not use your username and password for any unauthorized purpose.

 

14.  The Company may retain and use, information collected in your use of the Service, provided such information does not individually identify you.

 

15.  The Company may terminate your access to our Site or the Service due to your failure to comply with any of the provisions of these Terms and Conditions, any applicable Privacy Policy or the End User License Agreement connected with the Site or the Services, any breach of the underlying License Agreement connected with the Site or Service, whether or not attributable to You, or if the Company ceases to support the Site or Services.  The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.

 

16.  By using the Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE LAWS OF [THE COMMONWEALTH OF PUERTO RICO], WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.

 

17.  The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of the Company’s proprietary rights in them.

 

18.  THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. THE COMPANY MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

 

19.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

20.  This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

 

21.  The state or federal courts sitting in [San Juan, Puerto Rico] shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts.

 

22.  The Company shall not be liable to you for any delay or failure of the Company to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of the Company. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.

 

23.  The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.