WORKCITE TECHNOLOGIES, LLC
(“workCITE”, or “Company”)
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use were last amended on January 7, 2014.
Introduction; Consent; Defined Terms
The Company is a field service, maintenance, repair & operations technology solutions enterprise. Through the use of the Application, WORKCITE TECHNOLOGIES, LLC provides mobile technology for integrators, contractors, and field service technicians (the “Services”).
Registration Data, Account Security & Providing Reliable and Secure Services
By registering with workCITE for the Services, you hereby acknowledge and agree to do the following:
Provide accurate, current and complete registration information (“Registration Data”);
Maintain the security of your account password;
Notify workCITE if you become aware of theft or loss of your password or any unauthorized use of or access to your account;
Maintain and promptly update the Registration Data and any other information you provide to workCITE;
Keep Registration Data accurate, current and complete;
Accept all risks of unauthorized use of or access to Registration Data and any other information you provide to workCITE.
You agree that that you are responsible for all activities and charges related to your account, and that your login information will not be used by another person.
workCITE takes data security seriously. While we strive to maintain a reliable and secure environment for your data, no system can be perfectly secure or reliable. The Internet is an inherently insecure medium and reliability of hosting servers, Internet intermediaries, your Internet service provider and other service providers cannot be assured. By using the Services, you accept these risks. In particular, Subscribers who choose to provide credit card information on the Application accept the risks to the security of that information. Ultimately, Subscribers are responsible for the security of credit card information.
The security of the User Data is important to workCITE and reasonable measures will be taken to protect your personal information to prevent loss, misuse, unauthorized access, disclosure, alteration or destruction. Please note that no security measure is impenetrable.
License and Ownership; Access to Application
You may only view, copy and print such portions of the Content for your own use;
You may not remove any trademark, copyright or other proprietary notices placed on the Content;
You may not use data mining, robots or similar data gathering or extraction methods; and
You may not use the Application or the Content other than for its intended purpose.
The license in this section is revocable by workCITE at any time. You represent and warrant that your use of the Application and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Except for this limited license, workCITE does not convey any interest in or to the Content, Services, Application or any other workCITE property by permitting you to access the Application. Except to the extent required by law or as expressly provided herein, the Content may not be be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of workCITE. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by workCITE. You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Application. You may not use any metatags or other hidden text that includes workCITE trademarks or trade names. You may not use the Application for any unlawful purpose.
YOU ARE RESPONSIBLE FOR YOUR OWN ACTIONS AND USE OF WORKCITE AND ITS SERVICES. YOU SHOULD NOT ACCESS, USE, OR VIEW THE APPLICATION WHILE OPERATING A VEHICLE OR AT ANY OTHER TIME WHEN SUCH USE MAY RESULT IN HARM TO PERSONS OR PROPERTY.
Fees and Payment Obligations
You will pay the fees for the Service subscription and monthly usage selected by you as published on the workCITE website at the time that the term of this Agreement, or any renewal, begins. You authorize workCITE to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your subscription in US dollars, including all applicable taxes. If workCITE does not receive payment from your credit card provider, you agree to pay all amounts due upon demand, in US dollars, and workCITE may suspend your access to the Service. All sales are final and workCITE will not issue refunds. You will promptly reimburse workCITE for any costs incurred in connection with collection of past-due amounts, including attorneys’ fees, and workCITE may, as a result of late payment, among other remedies available to it, discontinue its provision of the Service to you in accordance with this Agreement.
Unless otherwise stated, workCITE charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against workCITE based on its income. WorkCITE will invoice You for such Taxes if workCITE believes workCITE has a legal obligation to do so and You agree to pay such Taxes if so invoiced.
You may be required to pay fees imposed by your wireless carrier, including but not limited to, SMS text messages, data or WAP services fees, roaming, air time, excess minutes or excess data fees. Such fees may appear on statements that your wireless carrier sends you. Company is not liable for the charges incurred and all such charges are to be paid by the User. You will receive SMS messages when using the Application and the frequency and number of such messages will depend, in part, on your use of the Application.
Term and Termination
The term of this Agreement commences upon your registration for a Service subscription and monthly usage and remains in effect for the subscription term selected by you. The term of your subscription, including the obligation to pay the applicable Service subscription fees, will automatically renew for additional successive terms of the same duration unless terminated as specified in this Section. You may terminate this Agreement at any time upon written notice to workCITE. For the purposes of providing notice of non-renewal as described in this paragraph, notice via email to workCITE at firstname.lastname@example.org will be deemed sufficient. Upon termination, your access to the Service and any information stored by the Service will also terminate at the end of the selected term of this Agreement. WorkCITE may terminate this Agreement at any time for its convenience, and will refund to you a pro-rata portion of any unused, prepaid fees.
We may immediately, without notice, suspend or terminate your access to the Service and terminate this Agreement for any of the following reasons: (a) you breach any provision of this Agreement; (b) you seek to hack the security
mechanisms of the Service or we otherwise determine that your use of the Service poses a security to us or to another user of the Service; (c) you introduce a malicious program into the network or a virtual machine instance; (d) you cause network interference that affects Service performance for other customers; (e) you use the Service in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; or (e) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Service for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.
Upon such suspension or termination, you must immediately (a) discontinue use of the Application, and (b) destroy any copies you have made of any portion of the Content. Accessing the Application or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that workCITE shall not be liable to you or any third party for any termination or suspension of your access to the Application and/or the Services.
Restrictions on Use of the Application
You shall not disguise the origin of information transmitted through the Application or place false or misleading information on the Application.
You will not use or access any Services or service, information, application or software available via the Application in a manner not expressly permitted by workCITE.
You will not input or upload to the Application any information which contains viruses, spyware, malware, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Application or Content or that infringes the Intellectual Property rights of the Company or any other person.
Certain areas of the Application may be restricted to customers of workCITE.
You may not use or access the Application or Services in any way that, in workCITE’s sole judgment, adversely affects the performance or function of the Services or the Application or interferes with the ability of authorized parties to access the Services or the Application.
DISCLAIMER OF WARRANTIES
WORKCITE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE APPLICATION OR THE CONTENT. THE USE OF THE APPLICATION IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
Sale of workCITE
Compliance with Law
You agree to use the Application in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of workCITE, negatively reflect on the goodwill or reputation of workCITE and shall take no actions which would cause workCITE to be in violation of any laws, rulings or regulations applicable to workCITE.
Governing Law; Venue
When you visit the Application or send e-mail to workCITE, you are communicating electronically. workCITE will communicate with you by e-mail or by posting notices on the Application. You agree that all notices, disclosures, and other communications that workCITE makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using this Application.