On-Line Workforce Management System
updated as of 15 September 2019
1. SERVICES: The Services are being provided to you by a ScheduleSource Customer and NOT by ScheduleSource. ScheduleSource, Inc., a Colorado corporation (“ScheduleSource”), has a written agreement with a person or entity (the “Customer”) on whose behalf it has agreed to host its Workforce Management Software and make it available as a subscription-based Service for the benefit of the Customer. The Customer has enabled your individual account and authorized your access to the Services as an employee, contractor or client of the Customer. There is no cost to you for accessing or using the Services.
3. USER INFORMATION: As part of the Services, the Customer may collect and ScheduleSource may host, backup and display Personal Information and Other Information (the "User Information") about you. ScheduleSource will retain such User Information for as long as is required for ScheduleSource to fulfill its obligations to the Customer under the Customer Agreement or any other legal or regulatory requirements.
ScheduleSource will transfer User Information to third parties including Data Centers that assist ScheduleSource in providing the Services. Transfers to such third parties are authorized by the Customer Agreements.
A. End User Information May Include:
- Personal Information: Information that identifies you as an individual or relates to you as an identifiable person. This includes name, organization, title, postal address, e-mail address, telephone number, employee or account ID, birthdate or other identifiers. Personal Information also includes work schedules, leave requests and authorizations, bidding information, time clock information, attendance information, facial recognition or other biometric scan data and any other data entered into the system by you or the Customer.
- Other Information: Information that does not reveal a person’s identity or directly relate to an individual such as browser and device information, operating system, device type, system and performance information, app usage data, information collected through cookies, pixel tags and other technologies, general geographic location, demographic information and other information that may be provided by a person.
B. Without Your Permission, End User Information Shall NOT Include:
- Any information that relates to the past, present, or future physical or mental health or condition of an individual or the provision of health care to an individual, as defined in the HIPAA Rules described below, or
- Any sensitive personal or financial information, such as any person’s social security number, passport number, or bank account or credit card numbers or passwords other than your password for access to this system.
“HIPAA Rules” shall mean: (i) the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder related to the privacy and security of Protected Health Information, including modifications or any amended versions of such regulations as may be enacted hereafter.
C. Corrections to Personal Information
If you seek to correct, amend, or delete inaccurate Personal Information, you should direct your request to your Manager or the System Administrator of the Customer from whom you received access to the Services.
4. INTELLECTUAL PROPERTY RIGHTS:
A. Ownership: The ScheduleSource TeamWork Workforce Management System is the exclusive property of ScheduleSource, Inc, and no intellectual property rights in the software and hardware deployed or the Services provided arise to the Customer or any User as a result of a Customer's subscription to the Service or any User's access to and use of the services. ScheduleSource hereby retains any and all intellectual property rights in the Services excluding the rights of Customers to their own Customer provided and managed data. The Services are protected by United States copyright and other intellectual property laws.
B. Restrictions: You may not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Services, or create derivative works from the Services; (b) merge the Services with other services or software; (c) resell, sell, provide for service bureau use, or otherwise transfer the Services to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services; (e) remove or alter any copyright notices or other notices included in the Services; (f) access or use the Services to build or support, or assist a third party in offering, building or supporting, products or services competitive with ScheduleSource; (g) perform or disclose any benchmark or performance tests of the Services without ScheduleSource’s prior written consent; or (h) perform or disclose any of the following security test activities related to the Services or associated infrastructure without ScheduleSource’s prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing or penetration testing.
C. Trademarks: The “ScheduleSource” and "TeamWork" marks and other ScheduleSource graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. ScheduleSource’s trademarks and trade dress, as well as third party trademarks, logos and service marks used in conjunction with the Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ScheduleSource.
5. ILLEGAL CONDUCT:
You are prohibited from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Services. You may not breach the security of the Services or attempt to gain unauthorized access to or interfere with operation of the Services or with any other person’s use of the Services. You may not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Services, (ii) use or access the Services for any commercial purpose or (iii) transfer any access privileges to third parties.
You are responsible for all information and materials you upload, transmit, submit or otherwise make available through the Services. You may not impersonate any other person through the use of the Services. You may not upload, transmit, submit or otherwise use the Services to disseminate:
- Content that is obscene, defamatory, threatening, fraudulent, invasive of ScheduleSource’s or another person’s or entity’s rights, including but not limited to privacy rights, or that is otherwise unlawful;
- Content that infringes the intellectual property rights of ScheduleSource or any other person or entity;
- Content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware; or
- Create unwanted email, junk email, bulk email, promotions, spam or content that includes any advertising.
You may not use any automated means to access the Services or collect any information available through the Services (including, without limitation, robots, spiders, or scripts); or frame the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect its display. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
ScheduleSource permits the communication of information, comments, content and data using the Services, for informational purposes only (the "Communication Services"). Communication of information includes emails, text messages, calendar entries, internal messaging posts, alerts and automated reports. Neither ScheduleSource nor any affiliates nor their respective directors, officers, managers, employees or agents is liable for the content of any communications and disclaims any policy, recommendation, endorsement or advice on the use of the Services for information dissemination created or promulgated by the Customer.
You acknowledge that the Communication Services are:
- intended to deliver non-critical, non-urgent, non-emergency messages between you, the Customer, Customer personnel and the Locations to which access to the ScheduleSource TeamWork Services may be deployed.
- dependent upon a number of factors outside the control of ScheduleSource, including but not limited to, the operation of third party provided hardware, software and network services; and
- not a substitute for your own actions or efforts on matters related to any Communications.
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES and LIMITATION OF LIABILITIES
A. The Services are provided on an "as is", "as available" basis.
B. ScheduleSource makes no representations or warranties of any kind to End Users with respect to the Services, to any information entered into the Customer's Account or to any Customer policy, procedure or guidance provided to you for the use of the Services.
C. ScheduleSource expressly disclaims all representations and warranties to End Users relating to the Services including but not limited to warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, or that the Services will function without interruption or errors, or that any Customer or User requested change will be provided, or that any update will continue to be made available, or that any defect in the Services will be corrected, or that the Services will be compatible or work with any third party software or services.
D. ScheduleSource assumes no liability or responsibility to End Users for any errors or omissions in providing the Services or for any losses or damages arising from the use of the Services.
E. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. Prior notification and an estimate of the date, time and duration of an interruption will be provided whenever possible. ScheduleSource disclaims all liability for damages caused by any such interruption or by errors in functioning or by inability to access, or by poor use conditions due to inappropriate equipment, or by disturbances related to internet service providers, cellular service providers, limitations of internal networks and for any other reason.
F. You acknowledge that the Services are not intended or suitable for use in situations or environments where failure or delay in accessing, or where errors or inaccuracies in the information provided could lead to physical, financial or environmental damage, personal injury or death.
G. ScheduleSource has no obligation whatsoever to monitor or verify the identity of Customer personnel accessing the Services or to monitor the use of the services by any End Users. ScheduleSource disclaims all liability for identity theft or any other misuse of your identity or content by others.
H. Biometric verification tools such as hand, fingerprint or facial scans may be in use with these Services. If these tools are in use they are deployed by, under the control of, and operated in accordance with the policies of, the Customer. These tools are provided without warranty. ScheduleSource disclaims all liability for the use of biometrics, including access to the tools, accuracy of scans, authenticity or accessibility of data or images used, stored or evaluated, claims of violation of privacy rights data breach or any other liability.
I. No oral or written information or advice given by ScheduleSource, including in Customer or User discussions, training, on-line help or support systems and related work products shall create a warranty to you.
J. Under no circumstances as a result of Customer's or your use of the Services will ScheduleSource be liable for any direct, indirect or speculative damages including consequential, incidental or special damages due to loss of use or business interruptions or data breach.
K. In the event that you have a dispute with the Customer or one or more End Users of the Services, you release ScheduleSource and its officers, directors, employees and agents from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. LIMITATION OF LIABILITY
8.1 EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SSI AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES CAUSED BY THE USE OF THE SERVICES OR BY ANY ERRORS, DELAYS, INTERRUPTIONS IN TRANSMISSION, DATA BREACH OR FAILURES OF THE SERVICES.
8.2 THE TOTAL AGGREGATE LIABILITY OF SSI OR SSI's SUPPLIERS TO SUBSCRIBER IN CONNECTION WITH THE AGREEMENT SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE LESSER OF AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS RECEIVED BY SSI FOR THE SERVICES PROVIDED TO YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE IN WHICH SUCH CLAIM ARISES OR THE AMOUNT OF $1000.
8.3 IN NO EVENT SHALL SSI OR SSI's SUPPLIERS, THEIR RESPECTIVE AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM DELAYS,DATA BREACH,NONDELIVERIES, MISDELIVERIES OR SERVICES INTERRUPTION, HOWEVER CAUSED, ARISING FROM OR RELATED TO THE SERVICES OR THE AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, WHETHER BREACH OF WARRANTY, INDEMNIFICATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SSI OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE.
8.4 EXCEPT WITH RESPECT TO LIABILITY ARISING FROM SSI's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SSI DISCLAIMS ANY AND ALL LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY RELATED TO A BREACH OF DATA SECURITY AND CONFIDENTIALITY OBLIGATIONS, RESULTING FROM ANY EXTERNALLY INTRODUCED HARMFUL PROGRAM (INCLUDING WITHOUT LIMITATION VIRUSES, TROJAN HORSES, AND WORMS), SUBSCRIBER'S CONTENT OR APPLICATIONS, THIRD PARTY UNAUTHORIZED ACCESS OF EQUIPMENT, SAAS APPLICATIONS OR SYSTEMS, OR MACHINE ERROR.