Terms and Conditions and Privacy Policy

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

 

BEFORE USING THIS APPLICATION (FOR THE PURPOSES OF THESE TERMS OF USE, THIS APPLICATION AND ANY SUCCESSOR OR AFFILIATED APPLICATIONS OR WEBSITES, SPECIFICALLY INCLUDING BUT NOT LIMITED TO THE WORKCITEDASHBOARD, AND ANY SOFTWARE OR APPLICATIONS PROVIDED BY WORKCITE FOR USE WITH SUCH WEBSITES OR APPLICATIONS ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE “APPLICATION”), PLEASE READ THESE TERMS AND CONDITIONS OF USE (THESE “TERMS OF USE”) CAREFULLY. THE APPLICATION IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE APPLICATION.

 

BY ACCESSING, USING OR BROWSING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.

 

For the purposes of these Terms of Use, “you” includes yourself, your employees, your representatives, your agents and any other third party acting on your behalf in connection with the Application and/or the Services (as defined below); our customers and any person to whom customers give access to their workCITE account are called “Subscribers.”  Users of the Application, whether they are Subscribers or casual browsers of the Application, are called “Users.”

 

Services Defined

 

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”).

 

Scope of Terms of Use

 

These Terms of Use govern use of the Application, as well as any and all software and Services available via and/or used in relation to the Application, except to the extent such Services are the subject of a separate agreement.

 

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.

 

Privacy

 

workCITE uses the Registration Data, along with any other data entered into or stored on the Application (the “User Data”), to provide the Services to the User.  The data provided to the Company in furtherance of the Services may be used by the Company in any way in which the Company sees fit, including use by third parties with which the Company contracts to provide the Services to the User.  At no time will the Company sell, volunteer or lend the User Data to third parties to be used in advertising, promotional materials or any other commercial purposes and will take steps to limit such use in the hands of third party affiliates.  The Company may use anonymized and de-identified User Data collected through the Application for its own commercial purposes.  In the event of a merger, sale of the company assets, financing or acquisition of the Company,  the Company may transfer the User Data to the other company and the Company may provide notice if your data is transferred and becomes subject to new or different Terms of Use.

 

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

 

Any and all intellectual property rights (“Intellectual Property”) associated with the Application and its contents, including, but not limited to, all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement (collectively, the “Content”), are the sole property of the Company, its affiliates or applicable third parties.  The Content is protected by copyright and other laws in both the United States and internationally and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Application are trademarks, service marks or trade dress (“Marks”) of the Company, its affiliates or other entities that have granted the Company the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of workCITE.  Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Application in any way without the prior written permission of workCITE or the appropriate third party.  Except as expressly provided herein, workCITE does not grant to you any express or implied rights to workCITE’s or any third party’s Intellectual Property.  Reference to any products, services, or other information, by trademark, manufacturer, supplier or otherwise does not imply or constitute endorsement, recommendation or sponsorship thereof by workCITE. Information and data collected through the operation of the Application is the property of workCITE.

 

As long as you meet the applicable payment obligations and abide by these Terms of Use, workCITE grants you a limited, personal, nontransferable, nonsublicensable, nonexclusive revocable license to access and use the Application, Content and Services only in the manner expressly permitted by workCITE, and only for the period of time that your applicable payment obligation is satisfied.  Such license is subject to these Terms of Use specifically conditioned upon the following:

 

  • You may only view, copy and print such portions of the Content for your own use;

  • You may not modify or otherwise make derivative works of the Application or the Content or reproduce, distribute or display the Application or any Content except as permitted within these Terms of 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.

 

You will access the Services through the Application with a username and password or other access methods that the Company may specify (collectively, “Access Methods”).  You will be (a) solely responsible for all acts or omissions of any person using the Services through your Access Methods and (b) without limitation of the foregoing or any other provision of these Terms of Use, bound by the terms of all transactions executed and orders placed through the Services using your Access Methods.  All transmissions generated by use of your Access Methods will be deemed to be authorized by you whether or not workCITE acknowledges receipt of such transmission.  If your Access Methods have been lost, stolen or compromised, you will immediately notify workCITE.  Upon receipt of this notice, your Access Methods will be cancelled, but you are and will remain responsible for any actions taken through the use of such Access Methods before they are cancelled.  In workCITE’s sole discretion, it may terminate, revoke, suspend, modify, or change any or all of your Access Methods at any time with or without prior notice.  You will be solely responsible for any losses, damages or costs that you may incur as a result of errors made by, or the failure of, the software or equipment that you use to access the Service.

 

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 support@workcite.com 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

 

In addition to other restrictions set forth in these Terms of Use, you agree that:

 

  • 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.

  • You will use the Application for lawful purposes only and will not submit or transmit through the Application any material or engage in conduct that (1) violates or infringes the rights of others, including, without limitation, rights in Intellectual Property, including, but not limited to, trademarks, copyrights, patents and trade secrets; (2) is unlawful, threatening, abusive, profane, explicit, harassing, defamatory, fraudulent, constitutes an invasion of privacy or contains explicit, graphic, obscene or pornographic materials; or which otherwise violates any law, rule, regulation or the rights of a third party; (3) impersonates any person, including workCITE and its employees, principals, agents, consultants or affiliates or allows you or a third party unlawful access to a third party’s computer or network; or (4) violates these Terms of Use or any other policy of workCITE.

 

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.

 

THE APPLICATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  THE COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  WORKCITE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE APPLICATION.  NO INFORMATION OBTAINED BY YOU FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY WORKCITE IN THESE TERMS OF USE.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE APPLICATION BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE APPLICATION, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLECT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE APPLICATION AND THE SERVICES.  THE COMPANY IS NOT RESPONSIBLE FOR WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APPLICATION. UNDER NO CIRCUMSTANCES WILL WORKCITE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE APPLICATION, THE CONTENT POSTED ON THE APPLICATION OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE APPLICATION, WHETHER ONLINE OR OFFLINE.

 

Indemnification

 

You agree to defend, indemnify and hold harmless the Company and its respective affiliates, officers, directors, members, managers, employees, representatives and agents from and against any and all claims, damages, liabilities, costs and expenses, including attorneys’ fees, arising out of or related to the Content and the Services obtained by you by your use of the Application, your violation of any of these Terms of Use or any other policy of workCITE and your violation of any law, rule or regulation or the rights of any third party.

 

Modifications

 

workCITE may revise, update or otherwise modify any portion of the Application, Terms of Use, or any policy or guideline with respect to the Application, at any time in its sole discretion.  Your continued usage of the Application after any changes represents your consent to those changes.  workCITE may change or impose fees for the Services provided through the Application at any time in its sole discretion.  workCITE may establish or change, at any time, general practices and limits concerning other workCITE products and the Services in its sole discretion.  Unless otherwise specified, any changes or modifications will be effective immediately upon publication of the revisions and your continued use of the Application after such time will constitute your acceptance of such changes or modifications.  workCITE urges you to review these Terms of Use and any policies and documents incorporated in them from time to time to understand the terms and conditions that apply to your use of the Application.  If you do not agree with the Terms of Use in their current or amended form, stop using the Application immediately.  Violation of the Terms of Use will result in the immediate termination of your account.

 

Sale of workCITE

 

In the event that workCITE is transferred, assigned or sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume the obligations of workCITE as to these Terms of Use.

 

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

 

These Terms of Use have been made in, and will be construed and enforced in accordance with the laws of, the State of Arkansas without regard to its principles of conflicts of laws.  You and workCITE consent to the exclusive jurisdiction of the state and federal courts sitting in Washington County, Arkansas for any actions, suits or other proceedings arising out of, or related to, the enforcement of any party’s rights hereunder.  You and workCITE agree not to commence any action suit or proceeding in any other court and hereby irrevocably and unconditionally waive any objection to the laying of venue in any such court.  You agree to waive your right to a trial by jury.

 

Electronic Communications

 

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.

 

General

 

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

COMPLETE AGREEMENT

 

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND WORKCITE, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND WORKCITE WITH RESPECT TO THE USE OF THE APPLICATION, AND ANY SOFTWARE OR SERVICE, INFORMATION OR CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

 

If you have any questions or concerns regarding these Terms of Use, please contact Company at support@workcite.com.