BEFORE YOU ACCESS AND USE EMPMONITOR
- THIS IS AN ADVICE, PLEASE READ THIS AGREEMENT VERY CAREFULLY IN ORDER TO USE THE SOFTWARE AND SERVICES OF WEBSITE. SIGNIFY YOUR AGREEMENT TO BE GUARANTEED BY THE TERMS OF THIS ACCESS AGREEMENT BY CLICKING THE BUTTON “AGREE”.
- THIS AGREEMENT GOVERNS THE RELATIONSHIP BETWEEN YOU IN YOUR CAPABILITY AS AN INTERNET USER AND EMPMONITOR.COM WHEN YOU USE THE WEBSITE LOCATED AT WWW.EMPMONITOR.COM AND ALL SUBDOMAINS UNDER EMPMONOITOR.COM, INCLUDING WITHOUT LIMITATION AND THE EMPMONITOR SERVICE.
- IF YOU NOT ACCEPT THE TERMS AND CONDITITON OF THIS WEBSITE’S AGREEMENT, DON’T USE THE SOFTWARE AND DECLINE THE SERVICE CLICKING THE BUTTON “REJECT”.
This consumer license agreement is between you (the customer) and EmpMonitor whether an individual or Customer and Empmonitor Corporation. Details of the website and software licensed and Maintenance should be offered on an order. Other terms and conditions such as Usage rights are defined at https://www.empmonitor.com. The employee monitoring software, documentation, updates, and license serial number provided under an order, is legally licensed and is not sold.
- RESTRICTIONS AND OWNERSHIP
- Sublicense, rent or lease the Software or use it as a service provider or as part of a service;
- Copy any features, graphics or functions of the Software develop a modest product.
- Utilize the product for the commitments of small examination or for some other reason outside of client’s ordinary business operations.
- The customer is allowed only to those rights as are specifically granted by this official agreement. EmpMonitor retains all ownership and knowledgeable property rights in and to the Software.
All features of the Software are offered on a subscription basis. Customer is responsible for paying the appropriate prices for each service that they select to use. Customer must need to pay for the license on the date of the request or making an order for the software. Customer is responsible for all business, use; withholding and other comparable charges associated with an order, and acknowledge the Software as of the date of the software order.
All fees that are associated with using the Software and Service are specified in the pricing Schedule, which is available via the internet at https://www.empmonitor.com/pricing. We also offer alternative fee structures and discounts, at our sole discretion and for any reason, but we are under no obligation to propose such alternatives to all users or customer.
- DISCLAIMER OF WARRANTY
The Service of website is provided on an “as available” and “as is” basis that disclaims all express and implicit warranties, including, without limitation, any warranty that the software will be error free or uninterrupted, and the implied warranties of fitness and merchantability for a particular purpose. The customer warrants that it will use the Software in compliance with applicable laws, and will not use the Software where it cannot rightfully and legally operate the Software, or where it does not have the express permission of the specific being monitored.
- LIMIT ON LIABILITY
EMPMONITOR IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR MAJOR DAMAGES INVOLVING TO OR ARISING OUT OF THIS SERVICE AGREEMENT OR USE OF THE SOFTWARE (INCLUDING, LOST PROFITS, WITHOUT LIMITATION, LOSS OF DATA, ANY FAILURE OF DELIVERY, COSTS OF DELAY, AND COSTS OF LOST OR DAMAGED MATERIAL; EVEN IF EMPMONITOR HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES, AND WHETHER THE CLAIM IS BASED ON TORT, CONTRACT, OR OTHER LEGAL THEORY). EMPMONITOR’S TOTAL LIABILITY FOR DAMAGES OF ANY SORT IS LIMITED TO THE AMOUNT PAID TO EMPMONITOR FOR THE SOFTWARE GIVING RISE TO SUCH SORT OF DAMAGE.
- USER CONDUCT
We provide the Service to the user solely for their private use. You accept not to use the Service:
- For any illegal purpose;
- In any way so that the Service is damaged, interrupted, rendered less effective or the functionality of the Software and Service is in any way lessened;
- In any way that may disrupt or damage another user’s computer;
- For the broadcast, posting or uploading of any computer viruses or deleterious files, or any harmful or programs;
- To upload, transmit, or post any material which is offensive, defamatory, racist, libelous, vulgar, or of an obscene or threatening character, or in such a way as to cause frustration, needless or inconvenience or anxiety;
- As a means to stalk, threaten, abuse, harass, or otherwise rudeness other users or to collect or store personal information about other users;
- In a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
- To transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
However, we don’t control the content sent via you or other customers on the Service and, as such; do not assure the accuracy, quality or integrity of such content. By using the Service, of the EmpMonitor website you acknowledge that you may be uncovered to content that is objectionable or offensive.
- The website agreement is in validity until terminated.
- The client may terminate the agreement by eliminating the Software from all computers, and destroying or returning the Software.
- Either client may terminate this contract if the other client materially breaches this terms and condition agreement, and has not preserved that breach within a 30 day written cure period.
- ANNUAL MAINTENANCE
If a Customer purchases the EmpMonitor Software and update service for fee (as a Maintenance charge) the following will apply. Details of the Software Maintenance programs are located https://www.empmonitorsupport.com.
- GENERAL CUSTOMER INDEMNITY
If any third-party causes a claim against EmpMonitor alleging a violation of a right of confidentiality or other right by Clients, Clients must indemnify and hold EmpMonitor harmless from and against all losses, damages, and expenses of any kind (with reasonable legal Software and Service fees and costs) related to such type of claim.
- EXPORT LAWS
Customer agrees not to export, import, transfer, or re-export, indirectly or directly, any part of the Software or technology except or any underlying information in full agreement and other valid laws and regulations.
- OTHER TERMS
This consumer agreement and all instructions, constitute the complete agreement between the consumers, and surpass all prior or concurrent negotiations, agreements or representations, whether written or oral, related to this agreement.
- No change or waiver of any term and condition of this agreement is in effect unless signed by both groups.
- Neither party may transfer or assign this agreement to a third party, barring that the agreement may be allocated as a feature of a merger, or offer of all or considerably the greater part of the business or resources, of a gathering.
- The parties are self-governing contractors with respect to each other.
- If any term and condition of this agreement is unenforceable or invalid, the other terms and condition remain in the upshot.
- EmpMonitor rejects additional or contradictory terms of a Customer’s form-purchasing files and documents.
- Neither party is responsible for force major actions.
- All terms and conditions that by their nature survive termination of this agreement for the party to enforce its legal rights under, and take the benefits of, this legal agreement will survive.
- The Agreement on Contracts for the International Sale of Software doesn’t apply.