This service is offered by Solutions RSJ Inc. ("Comworker"), a Incorporated Company.
In this Agreement, unless the context indicates otherwise, the following expressions have the meanings set out below:
means the earlier of the following dates: either the date on which you click to confirm your acceptance of the Agreement or the date on which you create a user account.
"Intellectual Property Rights"
means all property rights, including, without limitation, (i) patents; (ii) copyrights; (iii) trademarks; (iv) industrial designs; (v) any other statutory provision or common law principle that may confer a right relating to know-how or intellectual property.
"Service" or "Services" or "Comworker Services"
means the application, software, and Comworker.com website offering time sheet process management, scheduling, expense report features, as well as any other service offered and available from time to time through the Comworker.com website.
Subject to the provisions of this Agreement, Comworker grants you a personal, non-exclusive, non-sublicensable, and non-transferable right to use the Services. If you are acting on behalf of a partnership or corporation, you warrant that you are duly authorized to enter into this Agreement. You must refrain from any action that could affect the accessibility, security, integrity, and functionality of Comworker's website, systems, or networks or those of any subcontractor of Comworker, and refrain from any attempt to gain unauthorized access to data or documents of other users. Comworker may monitor your use of the Services and may, from time to time, request your feedback and assessment of the Services. Comworker may use the information you provide in such a context. We may suspend or deny you access to the Services, or terminate this Agreement if you do not comply with it, or if it appears that you are using it improperly.
Comworker aims to provide 99% access and availability to the Services. However, Comworker cannot guarantee uninterrupted access to the Services. Comworker reserves the right to interrupt the provision of the Services and access to them and to the Comworker.com website, particularly in the following cases:
Comworker will attempt to notify you in advance by email of scheduled or ongoing Service interruptions and will make efforts to limit their duration.
You must maintain the confidentiality of the access codes and/or passwords used to access your user account. You accept responsibility for any activity that occurs on your account and must comply with all applicable laws in your use of the service, including those related to data privacy and the transmission of personal information. You must immediately notify Comworker of any unauthorized use of any password or account or any other unauthorized use of the Services or any actual or potential breach of the security or integrity of the Services.
You must not:
(a) Resell or use the Services as part of a commercial offering.
(b) Use the service in a manner other than permitted by these terms.
(c) Use the service to transmit commercial content, unsolicited mass emails (spam), or to disseminate communications harmful to third parties or defamatory in nature.
Frame, mirror image, scrape, or deep data mine the Services, the website, or its content, in any form or by any means, is strictly prohibited. The use of peer-to-peer transfer technologies, viewing, or collaborative display in connection with your use of the Services or the display of comments or communications of any kind on the website is prohibited.
In the course of your use of the service, you may submit content such as data, text, images, contact information, and links to external content (hereinafter referred to as "Content"). You represent and warrant that any Content you submit is accurate and that you have the right to communicate such Content in the course of your use of the Services. Comworker reserves the right to review the Content or any portion thereof to determine if it is harmful to a third party or may constitute a violation of the law, and, if so, to delete or refuse to publish such Content.
By submitting Content, you hereby grant Comworker a worldwide, perpetual, royalty-free license to use such Content solely for the purpose of providing the Services.
Comworker makes backup copies of the Content entered, transmitted, and hosted as part of the use of the Services, but cannot guarantee that there will be no loss of Content and cannot be held responsible for any damages resulting from such loss. It is your responsibility to keep valid copies of your Content.
Comworker owns all rights, titles, and interests, whether as owner or licensee, including all Intellectual Property Rights, in relation to the Services and the underlying technology. The content of the Services and the website, or any components thereof, are protected by Comworker's copyright and by any patent application filed to date or in the future under any patent law or under the Patent Cooperation Treaty.
This Agreement is not a purchase agreement and does not convey to you any ownership rights in relation to the Services, the underlying technology, or the Intellectual Property Rights of Comworker. The names and logos of Comworker, as well as the product names associated with the Services, are trademarks of Comworker or third parties, and no right or license to use them is granted to you.
Comworker owns all rights, titles, and interests in any suggestions, ideas, requests for improvement, feedback, recommendations, or other information that you or anyone else may provide regarding the Services.
You are not authorized to copy, modify, distribute, sell, or rent any part or all of our Services or the software included in them. Similarly, you are not authorized to decompile or attempt to extract source code.
You agree that all Intellectual Property Rights related to any third-party content that may be distributed through the Service belong to the respective owner of the content, and such content is subject to separate usage rights agreements and may be protected by the intellectual property law of other jurisdictions.
You accept and agree that content created, published, communicated, or shared by a user through the Services is the sole responsibility of the person from whom the information originates. As a result, you may be exposed to offensive, harmful to minors, indecent, or otherwise objectionable content. Comworker is not responsible for the Content and information shared or exchanged through the Services or Comworker's websites.
This Agreement shall come into effect on the Effective Date and shall remain in effect until either i) you cease all use of the Services, ii) you communicate in writing that you wish to terminate the agreement, or iii) Comworker terminates the agreement.
Comworker may terminate this Agreement for your failure to comply with one or more of the provisions of this Agreement if you do not remedy the default within thirty (30) days following written notice. Comworker may limit or suspend this Agreement and your use of the service, prohibit your access to the Comworker website, and/or delete your user account immediately if Comworker has reasonable grounds to believe that you are in violation of this Agreement, that you are adversely affecting the functionality of the Services, or that you pose a risk of harm (including, without limitation, by infringing the intellectual property rights of a third party or engaging in fraudulent, immoral, or illegal activities). Comworker will terminate this Agreement by sending an email to the email address you provided to us and/or by preventing you from accessing your user account. Comworker reserves the right to delete all company data (project lists, timesheets, user accounts, etc.) after 30 days from the date of the last payment due.
Sections 6 and 7 (Intellectual Property), 11 (Survival), 12 (Indemnification), 13 (Disclaimer), and 14 (Limitation) of this Agreement survive the termination and expiration of this Agreement, unless expressly waived in writing by the party benefiting therefrom.
You agree to indemnify, defend, and hold Comworker, and its affiliated companies, directors, officers, employees, and respective agents harmless from any liabilities and expenses (including reasonable attorney's fees incurred by such parties) related to or arising out of your: (a) violation or non-performance of any provision of this Agreement or any law or regulation that applies; (b) violation of any third party's rights.
Comworker does not provide accounting or tax advisory services.
To the extent permitted by applicable law, the Service is provided "as is." Comworker makes no representations and grants no warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and expressly disclaims all legal warranties or those arising from trade usage.
Comworker makes no representations and gives no warranties as to the availability, accessibility, or uninterrupted use of the Service, or as to its safe, accurate, complete, or error-free use, or as to the integrity of data transmission. Comworker does not guarantee the availability or sufficiency of an internet connection.
The use of the Services may allow you to share certain Content with other users of the Services. Comworker cannot guarantee that you will always be able to share Content with other users of the Services. Comworker also cannot guarantee that you will be able to share Content without interruptions, delays, or communication problems, or that all Content will always be transmitted to other users of the Services in accordance with your instructions. Comworker is not responsible for such interruptions, delays, or other omissions in connection with communication during the use of the Services. Furthermore, Comworker is not responsible for errors that occur during the use of the Services.
To the extent permitted by applicable law, Comworker shall not be liable to you or any other person or entity for any direct, indirect, or consequential damages, punitive, exemplary, or of any other nature, including but not limited to loss of income or profits, damaged Content, or other economic losses, even if the party in question has been advised of the possibility of such damages, or if they are foreseeable.
The Services may contain links to third-party services or websites. Comworker does not endorse, select, or assume any responsibility for the content of such other websites and services.
This Agreement supersedes all prior representations, agreements, negotiations, understandings, and conventions between the parties, whether written or verbal, having the same subject matter as this Agreement.
To the extent that any provision of this Agreement is found to be invalid or unenforceable, the other provisions of this Agreement shall remain valid and binding.
You may not assign your rights and obligations under this Agreement.
All communications to you will be transmitted through the Services or the application you use or to the email address provided when you create your user account.
You agree to receive commercial electronic messages regarding Comworker's Services, whether currently offered or to be developed, as long as you are subscribed to the Services.
Any dispute, controversy, or difference between the parties relating to this agreement or its violation must be referred to the representatives of each party, who will work together with their counterparts to resolve the dispute in a timely manner.
Any dispute not resolved within thirty (30) days may only be submitted to the competent court of the judicial district of Quebec, Province of Quebec, Canada, to the exclusion of any other court.
This Agreement is governed by and will be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.