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ezClocker Terms and Conditions

Effective as of 02/10/2017

1. Terms

ezNova Technologies, LLC d/b/a ezClocker (ezClocker) operates a website and mobile application which provides services to businesses to track time of employees and independent contractors, among other things (the Service or Services).  Anyone accessing and using (collectively, You) the ezClocker website or mobile application (collectively, the  ezClocker Software), agrees to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agrees to be responsible for compliance with any applicable laws. If You do not agree with any of these terms, You are prohibited from using or accessing the ezClocker Software. The materials contained in the ezClocker Software are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on the ezClocker Software for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license You may not:
    1. modify or copy the materials or create derivative works therefrom;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the ezClocker Software;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if You violate any of these restrictions and may be terminated by ezClocker at any time. Upon terminating Your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in Your possession whether in electronic or printed format.

3. Ownership of Information

All data input into the ezClocker Software is owned by the employers that use the ezClocker Software (Employers or Employer) and not by employees (similar to employee timesheets, which are owned by an employer and not an employee). Any employee using the ezClocker Software acknowledges and understands that he/she has no right to the information he/she submits/inputs via the ezClocker Software and that ezClocker cannot provide him/her with such information. Employer acknowledges that if ezClocker is served with a subpoena for such information that it must comply.

4. Opt in

By accepting these terms and conditions You agree that ezClocker may communicate with You at any time regarding Your account and that ezClocker may send other communications to You, including newsletters and surveys.  You will have the option of unsubscribing from the latter, but not the former.

5. Fees and Cancellation

Employers using the ezClocker Services agree to pay the fees (the Fees) set out on the ezClocker website, which may be increased from time to time upon 30 days’ notice.  If an Employer has one employee or less, the Fees are waived.  All Employers signing up will receive a free 30 day trial of the ezClocker Service that begins on the date the Employer signs up for the Service and ends on the 30 the day thereafter (the Initial Trial Period).  If an Employer does not cancel the Service before the end  of  the Initial Trial Period, it will be charged and agrees to pay the Fees.  Fees will be billed to the credit card on file.  After the Initial Trial Period, the Service will renew automatically every 30 days unless canceled.  The Services may be canceled at any time.  All cancellations will be effective as of the next 30 day renewal date.  There are no refunds for partial 30 day periods. Please refer to the ezClocker website for instructions on how to cancel the Service.  Generally, if you have subscribed to the Service using Apple iTunes or Google Play you will need to access those sites to cancel the Service and links to those sites are available on the ezClocker mobile application.

6. User Comments

You may not post content on the ezClocker website that infringes of violates someone else’s rights or otherwise violates the law.  ezClocker may remove any content or information that You post if it believes that such information violates these terms and conditions or ezClocker’s policies.  You shall not post anyone’s sensitive information, such as names, social security numbers or other sensitive or personal information.  If You violate these terms and conditions, ezClocker may disable Your account with no advance notice to You.

7. Disclaimer

  1. ezClocker has no obligation to maintain data input by users on the ezClocker Software.  Employers are required by law to keep certain information for specific periods of time.  Employers acknowledge and agree that they are not relying on ezClocker to store or maintain such data and that it is the employers’ sole responsibility to export their data from the ezClocker Software on a regular basis and maintain it for purposes of compliance with their legal obligations.  
  2. The Services and materials provided by ezClocker are provided "as is". ezClocker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ezClocker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or Services it provides or otherwise relating to such materials or Services on any sites linked to the ezClocker Software.
  3. ezClocker disclaims any and all liability for adverse employment decisions made by employers based on data provided to employer by ezClocker.

8. Limitations

In no event shall ezClocker or its suppliers be liable for any direct, indirect, consequential or exemplary damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials or Services provided by ezClocker's, even if ezClocker or a ezClocker authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

9. Revisions and Errata

The materials appearing on the ezClocker Software could include technical, typographical, or photographic errors. ezClocker does not warrant that any of the materials on the ezClocker Software are accurate, complete, free from errors or current. ezClocker may make changes to the materials contained on the ezClocker Software at any time without notice. ezClocker does not, however, make any commitment to update the materials.

10. Links

ezClocker has not reviewed all of the sites linked to the ezClocker Software and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ezClocker of the site. Use of any such linked site is at the user's own risk.

11. Site Terms of Use Modifications

ezClocker may revise these terms and conditions at any time without notice. By using the ezClocker Software You are agreeing to be bound by the then current version of these Terms and Conditions.

12. Governing Law

Any claim relating to the ezClocker Software or materials or Services provided by ezClocker shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for You to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

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