The terms “we”, “us” and “our” shall refer to ClockN.com. The terms “you,” “your” or “User” shall refer to the person, firm, corporation or organization accessing and utilizing the services on this Site. ClockN.com reserves the right to alter, modify, add to or terminate any or all of the terms and conditions at any time. Any such revisions shall be effective immediately upon being posted on our Site. Your use of the Site after revisions have been posted and shall signify your consent to the revisions and agreement to be bound by the revision.
ELIGIBILITY & AUTHORITY
If you are over the age of 18 years, by your use of this Site and our services, you represent and warrant to ClockN.com that you, if an individual, are over 18 years of age and legally capable entering into a valid and binding contract under the law of your residence, or, if a corporation, organization or other entity, that you are duly authorized to enter into a valid and binding contract upon behalf of such corporation, organization or other entity.
You agree to make the following commitments to ClockN.com:
(1) Your use of the Site and service provided will be subject to an in accordance with these rules and regulations.
(2) You will not impersonate another person or entity.
(3) You will provide true, accurate, and complete information about yourself and/or your entity and you will maintain and promptly update your information to keep your information true, accurate and complete.
(3) You will not use the Site or the services provided that in any manner that interferes with the operation of the Site or the services provided.
(4) You will not use the Site or the services provided in a manner that contains or installs any virus or other program that possesses the capability of interfering with or damaging software or hardware.
(5) You will not license, sublicense, copy, reproduce, republish, distribute, sell, transfer, or otherwise make available to any third party any of the content, data, information or materials found on our site.
(5) All software, mobile applications, and modules used on the Site, including, but not limited to any design, functionality and user-interface, are proprietary to us or licensed to us by other parties. You will not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site.
(6) You acknowledge that the trademarks, logos and service marks displayed on our site (“Marks”) is ClockN.com’s and our customers’, registered and common law Marks. Your use of and access to our site do not grant you any license or right to use any of the Marks.
(7) You are solely responsible for the content that you upload, post, email, transmit, send, SMS text messages or otherwise make available via the Site, including the accuracy, quality, legality, reliability, appropriateness and copyright of all content submitted or entered by you and ClockN.com shall not be liable for and does not guarantee the accuracy, quality, legality, reliability, appropriateness and copyright of such content.
(8) Under no circumstances will you subscribe or use the Site if you have not reached the minimum employment age required under the law of your residence.
ClockN.com is a paid service and charges a fee for the use of our mobile applications. By providing a credit card or other payment method accepted by ClockN.com (“Payment Method”) for your subscription, you are expressly agreeing that ClockN.com is authorized to charge you for the usage of their service.
WE DO NOT GIVE FULL OR PARTIAL REFUNDS. ALL PAYMENTS MADE TO CLOCKN.COM ARE FINAL.
THIRD PARTY SITES
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ClockN.com has no control over such sites and resources, you acknowledge and agree that ClockN.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ClockN.com 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 site or resource.
All content on this site, including graphics and software comprising the Site, are protected by one or more of copyright trademark, patent, trade secret and other laws, regulations and treaties, in addition to this Agreement. ClockN.com owns all legal right, title and interest to the services provided by the Site, including, without limitation, all graphics and software comprising the Site.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Disclaimer of representations and warranties you specifically acknowledge and agree that your use of this site and our services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. We disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore, make no representations or warranties about (1) the accuracy, completeness, or content of this site, (2) the accuracy, completeness, or content of any sites, specifically including advertisements, linked to this site, (3) the timeliness, deletion, or failure to store any user communications, data entry or personalization settings, and/or (4) our services found at this site or any linked sites.
You further acknowledge and agree that neither we, nor any person, firm, corporation or organization nor any officer, or other representative of ours or any other any person, firm, corporation or organization has provided any verbal promises or representations to you to induce your subscribing to the services offered through the Site, and you agree that nothing contained in any statement, written or oral, that may have been made to you provides the basis for any type of warranty.
LIMITATION OF LIABILITY
In no event shall we be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (1) the accuracy, completeness, or content of this site, or content of any sites linked to this site, (2) the services found at this site or any sites linked to this site, (3) third-party conduct of any nature whatsoever, (4) any unauthorized access to or use of your personally identifiable information either obtained by unauthorized access to our server or from your employer, with or without your employer’s consent, (5) any loss of information stored on our server, (6) any interruption or cessation of services to or from this site or any sites linked to this site, (7) any viruses, malware of every type and description whether known or unknown at the instant you use the site and the services provided, which may be transmitted to or from this site or any sites linked to this site, whether based on warranty, contract, tort, or any other legal or equitable theory (8) unauthorized access to or alteration of your transmissions or data; (9) any misrepresentation or errors of data entered into our site; and (10) any other matter relating to the site.
Lastly, you specifically acknowledge and agree that in no event shall our total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action which you may wish to and or actually initiate against us.
You hereby agree to indemnify and hold harmless ClockN.com, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (1) a breach of these Terms, (2) Content posted on the Site, (3) the use of the Services, by you or any person using your account or Username and password, or (4) any violation of any rights of a third party.
SUCCESSORS AND ASSIGNS
These Terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms and conditions shall be deemed to confer any rights or benefits to or upon any third-party.
ClockN.com reserves the right to terminate or restrict your use of our mobile applications, without notice, for any or no reason whatsoever.
MODIFICATION TO TERMS
ClockN.com reserves the right at any time, in its sole discretion, to modify, add, or remove any portion of this Agreement with or without notice to you. Amendments and modifications to this Agreement become effective upon publication of the amendments or modifications to the Site. Your continued use of the Site and services after any amendments or modifications to this Agreement are posted will be considered acceptance of those changes.
GOVERNING LAW; JURISDICTION; VENUE
The foregoing Terms and conditions shall be governed by and construed in accordance with the federal law of the United States and the state law of Texas. You agree that any action relating to or arising out of these Terms and conditions shall be brought in the state or federal courts located within Travis County, Texas, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to) jurisdiction and venue in the state and federal courts located within Austin, Texas (Travis County).
Any questions or comments should be sent to us at the following email address: Support@ClockN.com