OnTheClock
TERMS OF USE AGREEMENT
Effective Date: _7-31-2023_
The OnTheClock website and its associated services and content (collectively “Services”) is owned and operated by OnTheClock.com LLC (“OnTheClock”, “our”, “us”, “we”), a Michigan limited liability company with its principal place of business in Clinton Township, Michigan. OnTheClock has adopted this Terms of Use Agreement (“Terms of Use”) to inform you (“User(s)”) of your rights and duties when using the Services. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Services and must discontinue your use immediately.
These Terms of Use are meant to apply to visitors and users of our website. If you are a user or subscriber to our services, you are also agreeing to Service Level Agreements. To the extent there is a conflict between these Terms of Use and any Service Level Agreement, including but not limited to a subscriber agreement, the Service Level Agreements are controlling.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST ONTHECLOCK IN THE UNITED STATES. PLEASE READ THEM CAREFULLY.
ONTHECLOCK MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SERVICES OR THIS AGREEMENT. IN THE EVENT ONTHECLOCK MODIFIES, LIMITS, CHANGES, OR REPLACES THE SERVICES OR THIS AGREEMENT, YOUR USE OF THE SERVICES AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
Definitions
As used in this Agreement:
- “Account” means a Registered User’s account with the Services.
- “Administrator(s)” means a user who has full and total rights to an Account, including setup, activation, cancellation, billing, and inviting additional people to become Registered Users on the Account.
- “Employee(s)” means any Registered User who was invited to create an account and access the Services to perform standard employee responsibilities, i.e. track time, request time off, edit timecards, etc. Employees only have access to their own data.
- “Manager(s)” means any Registered User who was invited to be a User of an Account owned by an Administrator to function in a supervisory role over Employees and time cards.
- “Main Account” means the primary account for a company or employer in which all other Registered Users will create accounts related or connected to.
- “Linked Account” means the secondary account for a company or employer that is linked to one or more main accounts.
- “Registered User(s)” means any user who has a profile set up on one or more Accounts with the Services, including Administrators, Managers, and Employees.
- “Subscriber(s)” means any Registered User who pays for a subscription to access services offered with the Services.
- “User(s)” means all individuals that visit and access the Services, including Registered Users.
- “You / Your / You’re” means Users.
About The Services
OnTheClock provides an online time clock system allowing users to manage and approve timesheets, track hours, and punch in and out over the web.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to OnTheClock and the Services is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Services in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Services. The Services is operated in the United States and OnTheClock makes no representation that its Services or services or products are appropriate, lawful, or available for use in other locations.
Beta Services
OnTheClock may, from time to time, offer access to the Services that is classified as a Beta version. OnTheClock makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Services at any time without notice. Beta versions of the Services are provided AS IS, and may contain bugs, errors, or other defects. Your use of a Beta version is at your sole risk.
Ownership of Services and License
You acknowledge and agree that OnTheClock is the owner of, or has rights in and to, the Services and its associated content, including but not limited to all intellectual property rights inherent therein. The Services is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Services for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Services, whether in whole or in part, without the prior written consent of OnTheClock.
OnTheClock hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Services for its customary and intended purposes. Violation of the terms of this Agreement or use of the Services for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Services or any portion of it will result in the termination of this license. Absent prior written permission from OnTheClock, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Services or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to OnTheClock.
Intellectual Property
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Services are the property of their respective owners. Specifically, all photographs featured on the Services are copyrighted and owned by OnTheClock, unless otherwise stated. All OnTheClock marks are the property of OnTheClock.com LLC, including, but not limited to ONTHECLOCK and all OnTheClock.com LLC logos. The Services, including its look and feel, color selections, layout, and arrangement, is the trade dress of OnTheClock. You are prohibited from using OnTheClock’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of OnTheClock.
Services Use & Accounts
You are required to create an Account to use the Services. Through your Account, you will be able to view, change, or delete information from your Account, as well as see your records, documents, and control your Account settings. A Main Account is required in order for additional accounts to be made in connection with it. A valid credit card or bank account is required to activate a Main Account.
When contacting OnTheClock or creating an Account through the Services, you are agreeing to receive email notifications from OnTheClock and other third-parties. The marketing email notifications from OnTheClock contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Services’ Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User information will be used consistent with the Privacy Policy. OnTheClock does not endorse you or discriminate based upon any information provided by you or made available through the Services.
You have a duty to ensure that the information provided through the Services and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Services if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Services. OnTheClock reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify OnTheClock for any damages that arise out of or in relation to the use of the Services.
Registered Users agree to keep their Account secure from unauthorized access. Registered Users will login to their Account using an e-mail and Account password. Registered Users should not reveal their passwords to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact OnTheClock immediately. Registered Users agree to hold harmless and indemnify OnTheClock for any damages that arise out of or in relation to the use of their Account.
Registered Users may cancel their Account from within your Account settings. If a Registered User cancels their Account, OnTheClock is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. OnTheClock is under no obligation to provide you with the data associated with your Services use and/or Account, except as otherwise provided in the Privacy Policy. OnTheClock recommends that you maintain your own backup of information submitted to the Services.
As part of doing business with OnTheClock, Registered Users agree and consent to receiving unsolicited communications from OnTheClock, including contact through the Registered Users’ provided email address, for purposes of providing updated and new information on the latest deals, investment opportunities, and electronic delivery of all documents, notices, contracts, and agreements arising from or relating to your use of the Services.
Sales and Availability
All prices displayed on the Services are quoted in U.S. Dollars, and are valid and effective only in the United States. Pricing is based on the number of employees listed in the account during the month. It is your responsibility to maintain your employee list by deleting employees when they no longer work for your company. Any employees that are listed or have been listed within 20 days of the billing date are charged for that month. For prepaid services or purchases, if any such service or purchase is discontinued or modified before the end of the prepaid term, OnTheClock will provide a prorated credit or refund at OnTheClock's discretion, subject to OnTheClock’s Refund Policy here.
OnTheClock reserves the right without prior notice to discontinue or change specifications on products and services offered on this Services without incurring any obligations. Prices of all products and services, including but not limited to monthly subscriptions, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Services or its services. OnTheClock shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
User Generated Content
Users may now or in the future be permitted to submit content to the Services, including, but not limited to text, photos, and videos (collectively “User Generated Content”).
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Services’ associated services. User Generated Content posted to public areas of the Services, including as comments to posts and reviews, will be publicly visible to all visitors of the Services. You expressly acknowledge, however, that OnTheClock does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Services, you grant OnTheClock a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Services and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Services or its associated services, improving the Services or its associated services, and archiving or making backups of the Services. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Services, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Services will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the Services. OnTheClock acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. OnTheClock does not guarantee the confidentiality of any User Generated Content you share through the Services with any third party.
OnTheClock reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. OnTheClock also reserves the right to terminate a User’s access to the Services for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
Prohibited Uses
You expressly agree that you will not use the Services to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Services.
Specifically, you are prohibited from:
- Posting or transmitting content that:
- Infringes upon the intellectual property rights of others;
- Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
- Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
- Incites any illegal activity or unlawful sexual solicitation;
- Relates to weaponry, controlled substances, gambling, or debt collection;
- Raises support or defense of anyone alleged to be involved in criminal activity;
- Impersonates another or is fraudulent, inaccurate, or misleading;
- Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Intends to collect personal or personally identifiable information from others;
- Violates any term or condition of this Agreement;
- Using a robot, spider, scraper, or other automated technology to access the Services;
- Imposing a disproportionate load on the Services or its server infrastructure or otherwise attempting to interfere with the operation of the Services;
- Attempting to gain access to the private data or personal information of a Services user or third party;
- Circumventing OnTheClock’ technological and physical security measures;
- Suggesting an affiliation with or endorsement by OnTheClock.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to OnTheClock by sending an email to: support@OnTheClock.com.
Mobile Devices
The Services is fully accessible via a mobile device. To the extent you access the Services through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. OnTheClock is not responsible for any fees or errors that occur while accessing the Services via mobile device.
Section 230 of Communications Decency Act
You acknowledge and agree that OnTheClock is an interactive computer service provider under Section 230 of the Communications Decency Act. Though OnTheClock may edit, remove, or control the content displayed through the Services, you agree that OnTheClock will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Services or otherwise.
Third Party & Affiliate Links
You understand that the Services may contain links to third party websites, applications, or services that OnTheClock does not own or control. You agree that OnTheClock will not be held responsible or liable for the content of third-party websites, applications, or services and that OnTheClock’ inclusion of those websites, applications, or services within its Services does not constitute OnTheClock’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
No Endorsement
From time to time, OnTheClock will refer to commercial products, investment opportunities, securities, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. OnTheClock does not endorse any commercial product, security, investment, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on this Services do not necessarily state or reflect those of OnTheClock and are not intended to be used for endorsement purposes.
Term and Termination
This Agreement will remain in full force and effect so long as the Services is in operation. OnTheClock may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT WE DO NOT GUARANTEE THE ACCURACY, SAFETY, INTEGRITY OR QUALITY OF THE SERVICES AND YOU HEREBY AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE SERVICES, AND INTEGRITY AND ACCURACY OF THE SERVICES.
ONTHECLOCK DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. ONTHECLOCK PROVIDES THE SERVICES ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
ONTHECLOCK WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE SERVICES, OR ANY CONTENT TRANSMITTED THROUGH THE SERVICES. ONTHECLOCK IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. ONTHECLOCK RESERVES THE RIGHT TO DISCONTINUE THE SERVICES AT ANY TIME.
ONTHECLOCK WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE SERVICES AT ANY TIME.
Limitation of Liability
ONTHECLOCK WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES OR PRODUCTS AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT ONTHECLOCK CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE SERVICES, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO OnTheClock, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. ONTHECLOCK IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
Indemnification
You agree to hold harmless, indemnify, and defend OnTheClock, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Services, your use or provision of any services made through the Services, your reliance upon advice provided through the Services, your submission of User Generated Content to the Services, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend OnTheClock under the terms of this Agreement will not provide you with the right to control OnTheClock’ defense, and OnTheClock reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify OnTheClock.
No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. OnTheClock may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Services.
Jurisdiction, Governing Law, and Resolution of Disputes
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Michigan without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Michigan, with venue proper in Clinton Township, Michigan.
YOU AND ONTHECLOCK AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM ONTHECLOCK, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CLINTON TOWNSHIP, MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND ONTHECLOCK AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF MICHIGAN. YOU AND ONTHECLOCK AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Class Action Waiver
YOU AND ONTHECLOCK ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. UNLESS WE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY CHALLENGE TO THE VALIDITY OF THIS CLASS ACTION WAIVER SHALL BE DETERMINED EXCLUSIVELY BY A COURT AND NOT BY THE ADMINISTRATOR OR ANY ARBITRATOR. IF THERE IS A FINAL JUDICIAL DETERMINATION THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THE WAIVER CONTAINED IN THIS PARAGRAPH AS TO ANY CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY, THEN THAT CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY, AND ONLY THAT CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY, WILL BE SEVERED FROM THIS AGREEMENT TO ARBITRATE AND WILL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT A CLAIM, CAUSE OF ACTION OR REQUESTED REMEDY IS SEVERED PURSUANT TO THIS PARAGRAPH, THEN YOU AND WE AGREE THAT THE CLAIMS, CAUSES OF ACTION OR REQUESTED REMEDIES THAT ARE NOT SUBJECT TO ARBITRATION WILL BE STAYED UNTIL ALL ARBITRABLE CLAIMS, CAUSES OF ACTION AND REQUESTED REMEDIES ARE RESOLVED BY THE ARBITRATOR.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration
OnTheClock hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind OnTheClock.
No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Services is not directed to persons under the age of eighteen (18) and OnTheClock will not knowingly collect personally identifiable information from children under the age of eighteen (18). If OnTheClock inadvertently collects such personally identifiable information, OnTheClock will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
ONTHECLOCK AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED OR ACQUIRED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ONTHECLOCK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Reservation of Rights
All rights not expressly granted herein are reserved to OnTheClock.
Notice
Any notice required by this Agreement must be in writing and must be emailed to: support@OnTheClock.com.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.
