This End-User License Agreement ("Agreement") is a binding agreement between Bay Area Handrailing LLC, a California limited liability company ("Company," "we," "us," or "our"), and you, the individual user accessing the time-tracking application made available by the Company (the "Application"). By accessing or using the Application, you agree to be bound by this Agreement. If you do not agree, do not access or use the Application.
The Application is licensed exclusively to active employees and contractors of Bay Area Handrailing LLC for the sole purpose of recording work time on behalf of the Company. You may not permit any other person to access or use your account, and you may not access the Application unless you have been authorized to do so by the Company.
Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application solely for internal business purposes of the Company during the period of your employment or engagement.
You agree that you will not:
You are responsible for maintaining the confidentiality of your authentication PIN and any other credentials issued to you. You agree to notify the Company immediately of any unauthorized access to your account.
The Application, including all software, content, designs, and documentation, is owned by the Company or its licensors and is protected by copyright, trademark, and other applicable intellectual-property laws. No rights are granted to you other than the limited license expressly set out in this Agreement.
The Application connects to QuickBooks Online, a service operated by Intuit Inc. Your use of QuickBooks Online is governed by Intuit's own terms of service and privacy policy. The Company is not responsible for the availability, accuracy, or operation of any third-party service.
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
This Agreement and the license granted under it terminate automatically when your employment or engagement with the Company ends, or earlier upon any breach of this Agreement. Upon termination you must immediately cease all use of the Application and delete any installed copies. Sections relating to ownership, disclaimers, limitation of liability, and governing law survive termination.
This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of San Francisco, California, for any dispute arising out of or relating to this Agreement.
This Agreement constitutes the entire agreement between you and the Company regarding the Application and supersedes all prior or contemporaneous understandings. The Company may modify this Agreement from time to time; material changes will be communicated to authorized users.
Bay Area Handrailing LLC
paul@bayarearailings.com