1. ACCEPTANCE OF TERMS
The Terms of Service for ScheduleAnywhere ("Terms of
Service") are effective immediately upon the user's
acceptance of the Terms of Service by clicking the "Login" button.
As used in the Terms of Service, the terms "you",
"your", or "user" all refer to
the person(s) using ScheduleAnywhere ("the
Service") in any way. We retain the right to modify these
terms at any time by posting new terms on this page.
2. PERMITTED USES AND
RESTRICTIONS
You may not use the Service until you have accepted the Terms of
Service. You are responsible, at your own expense, to access the
World Wide Web, and pay any service fees associated with such
access. You must also provide all necessary hardware and software
necessary to make such connection to the World Wide Web.
3. DESCRIPTION OF
SERVICE
Subject to the terms and conditions of the Terms of Service, Atlas
Business Solutions, Inc. ("ABS") will provide the
following: ScheduleAnywhere, a service that allows you to manage
your employee schedules on the World Wide Web. The Service allows
managers to create and maintain their employee work schedules
online, and provides employees with access to that information
through the World Wide Web.
4. ACCURACY OF INFORMATION PROVIDED
TO ABS
You agree to provide accurate, current, and complete information
about your business and promptly notify ABS if any of your business
information changes. If you provide any information that is untrue,
not current, incomplete, or if ABS has reasonable grounds to
suspect that information provided is untrue, not current, or
incomplete, ABS has the right to suspend or terminate your account
and refuse any future use of the Service.
5. ACCOUNTS AND
PASSWORDS
You, as a company representative, will create your own
email/username and password that will enable you to access the
Service and manage your schedules. As the initial user of the
Service, your email/username and password will entitle you to
special managerial permissions. Upon successful account creation,
or anytime thereafter, you may assign an email/username, password,
and permissions to your employees so they may access their
schedule(s) via the World Wide Web and perform scheduling
functions. You are fully responsible for all actions of employees
with email/usernames and passwords and are responsible for the
confidentiality and use of email/usernames and passwords.
6. FEES AND TAXES
By signing up for the Service, you agree to pay the then-current
fees associated with the Service. Unless otherwise covered by an
agreement with ABS, all fees are non-refundable and ABS reserves
the right to modify its fees with or without notice. If you signed
up for a free trial account, your first 30 days for the Service are
free. Subsequent billings (monthly, annual, etc.) will be billed
based upon your prior month's average daily number of active
employees. To see the current number of active employees in your
ScheduleAnywhere account, please go to Set Up>Company
Maintenance>Employees. For current pricing, please call
1-701-235-5226. For month-to-month customers, you can cancel your
ScheduleAnywhere account at any time by calling 1-701-235-5226 or
1-800-874-8801. Otherwise, cancellation is subject to the terms of
your licensing or hosting agreement.
ScheduleAnywhere fees do not include any local, state, federal or
foreign taxes, levies or duties of any nature, including
value-added, sales use or withholding taxes
("Taxes"). Customer is responsible for paying all
Taxes, excluding only taxes based on ABS's net income. If ABS has
the legal obligation to pay or collect Taxes for which Customer is
responsible under this Section, the appropriate amount shall be
invoiced to and paid by Customer unless Customer provides ABS with
a valid tax exemption certificate authorized by the appropriate
taxing authority.
7. BILLING METHOD
You may choose to pay either by check or by credit card. If you
choose to pay by check, payment is due in accordance with the
payment terms of your invoice or agreement. If you choose to
pay by credit card, you must provide ABS valid credit card
information. ABS will charge your credit card on or about your
billing anniversary date. If for some reason ABS is unable to
charge your credit card, you are still liable for any and all
charges incurred and must pay ABS the amount due. Regardless of
billing method, full payment must be received within 30 days of
issuance of an invoice. If full payment is not received within the
30 days, the Service may be terminated without notification.
8. USER CONDUCT
You warrant to ABS that you will not use the Service for any
purpose that is unlawful or violates these Terms of Service. Any
use of the Service considered an abuse by current Internet
standards will serve as reasonable grounds for account
termination.
9. GENERAL PRACTICES REGARDING USE
AND STORAGE
You acknowledge that ABS may establish general guidelines and
limits concerning use of the Service, including without limitation,
establishing the maximum amount of storage space you have on the
Service at any time, as well as limiting the number of times and
the maximum duration for which you may access the Service in a
given period of time. You agree that ABS has no responsibility or
liability for the deletion of content maintained by the Service. As
a condition of use for this Service, you agree that, in the event
of an error with your Service, a Service technician shall be
permitted to access your data as necessary to resolve the problem.
You acknowledge that ABS reserves the right to change these general
guidelines and limits at any time, at its sole discretion, with or
without notice.
10. ABS PRIVACY POLICY
For details about ABS's privacy policy, please refer to the ABS
Privacy Statement, accessible via the ScheduleAnywhere home page.
You agree to the terms and conditions of the ABS Privacy Statement,
as it may be amended from time to time, which is incorporated
herein by reference.
11. MODIFICATIONS TO THE SERVICE OR
AGREEMENTS
11.1 Modifications to the
Service.
ABS reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any
part thereof) at reasonable notice to you. You agree that ABS shall
not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Service. ABS may specify from
time to time the version(s) of related products required in order
to use the Service (e.g. supported browsers and versions).
11.2 Modifications to the
Terms of Service.
You agree that ABS may modify the Terms of Service as necessary to
comply with any other agreements that ABS is currently bound by or
will be bound by in the future, and/or with applicable law, as well
as to adjust to changing business circumstances. Your continued use
of any of the Service shall constitute your acceptance of the Terms
of Service with the new modifications. If you do not agree to any
of such changes, you may terminate your account and cease all
access and use of the Service. You agree that such termination will
be your exclusive remedy if you do not wish to abide by any changes
to the Terms of Service.
12. EMPLOYEE
REPRESENTATION
Fees for the Service are calculated according to the number of
employees entered into the Service, regardless of the method used
to enter the employees. You may not use one employee to represent
more than one employee or more than one employee's schedule. If you
misrepresent the number of employees that are being scheduled in
any way, ABS may (a) suspend or terminate your account and refuse
any and all future use of the Service and/or (b) if it is
determined that the actual number of employees being scheduled is
greater than your company's representation, you will be fully
liable for the additional cost for all employees that have been
using the Service, retroactively, according to the then-current
fees.
13. TERMINATION
You acknowledge and agree that ABS may suspend or terminate your
account and/or deny you access to, use of, or submission of content
for, all or part of the Service, without prior notice, if you
engage in any conduct that ABS believes, in its sole discretion:
(a) violates any term or provision of the Terms of Service; (b)
violates the rights of ABS or third parties; or (c) is otherwise
inappropriate for continued access and use of the Service. You
agree that upon termination, ABS may delete all schedules and
information related to your account and may bar you access to your
account and the Service. Further, you agree that ABS shall not be
liable to you or any third-party for any termination of your access
to the Service. You agree to defend, indemnify, and hold ABS
harmless from and against any and all claims, losses, liability
costs and expenses (including but not limited to reasonable
attorneys' fees) arising from your violation of the Terms of
Service, state or federal laws or regulations, or any third party's
rights, including but not limited to your infringement of any
copyright, violation of any proprietary right and invasion of any
privacy rights. This obligation will survive the termination of the
Service.
14. ABS PROPRIETARY
RIGHTS
You acknowledge and agree that the Service contains proprietary
and confidential information that is protected by applicable
intellectual property and other laws.
15. NO RESALE, ETC. OF
SERVICE
You agree not to copy, sell, resell, redistribute, or create a
derivative work of any portion of the Service, use of the Service,
or access to the Service.
16. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
ABS MAKES NO WARRANTY ABOUT THE AVAILABILITY, SUITABILITY,
RELIABILITY, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. ABS MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ABS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
17. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
ABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
YOU ALSO AGREE THAT ABS WILL NOT BE LIABLE FOR ANY (1)
INTERRUPTION OF BUSINESS, (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE;
(3) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (4) EVENTS BEYOND ABS'S CONTROL;
IN NO EVENT SHALL ABS'S MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU TO ABS FOR THE SERVICE, BUT IN NO EVENT
GREATER THAN THREE HUNDRED DOLLARS ($300.00). BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
18. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. TRADEMARK AND SERVICE MARK
INFORMATION
ScheduleAnywhere, a registered trademark of Atlas Business
Solutions, Inc., the ScheduleAnywhere logo, the ABS logo,
trademarks and service marks, and other ABS and ScheduleAnywhere
Logos and product and service names are marks
("Marks") of ABS. Without ABS's prior permission,
you agree not to display or use in any manner, any ABS or
ScheduleAnywhere Marks.
20. GENERAL
INFORMATION
The Terms of Service constitutes the entire agreement between you
and ABS, and governs your use of the Service, superseding any prior
agreements between you and ABS (including, but not limited to, any
prior versions of the Terms of Service) with respect to its subject
matter. You also may be subject to additional terms and conditions
that may apply when you use affiliate or other ABS services,
third-party content or third-party software. Except as otherwise
provided herein, the Terms of Service shall be governed by the laws
of the State of North Dakota without regard to its conflict of law
provisions. Except as otherwise provided in the Terms of Service,
you and ABS agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Cass, North
Dakota. The Terms of Service does not limit any rights that ABS may
have under trade secret, copyright, patent, trademark or other
laws. The failure of ABS to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of
such right or provision. If any provision of the Terms of Service
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms of Service remain in full
force and effect. You agree that any claim or cause of action
arising out of or related to use of the Service or the Terms of
Service must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the
Terms of Service are for convenience only and have no legal or
contractual effect. The Terms of Service will inure to the benefit
of ABS and its successors and assigns.
21. SURVIVAL
All representations, warranties, Sections 13, 16, 17, 18, 19, and
20 in the Terms of Service shall survive the termination of the
Terms of Service.