Thanks for using Pacific Timesheet. These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). Where ever you reside in the world, your agreement is with Pacific Timesheet a division of Three21 LLC. Our Privacy Policy explains how we collect and use your information. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy.
Your Information & Your Permissions
When you use our Services, you provide us with various data for use by your company ("Company Data"). These Terms don't give us any rights to Company Data except for the limited rights that enable us to offer the Services.
We need your company’s permission to do things like host Company Data, back it up, and share it when you need to use it. Our Services also provide you with various application features like crew and employee timesheets, equipment and asset tracking sheets, expense sheets, log sheets, various requests and approvals for time off or other activities that you need to submit and approve. These and other features may require our systems to access, store and process Company Data. You give us permission to do these things, and this permission extends to our affiliates and any trusted third parties we work with.
Your Responsibilities
You're responsible for your conduct when using the Services. Company Data must comply our Acceptable Use Policies. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content users capture, store or share via the Services. However, your company may take issue with how your use the Services and your managers might require you to use the Services in certain ways that comply with company’s policies.
You should provide feedback to your company if for any reason your account information is not current or correct. You should always safeguard your password to the Services. Don't share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations.
Software
Some of our Services allow you to download client software ("Software") such as mobile Apps which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you upon request and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Beta Services
We sometimes release products and features that we are still testing and evaluating as a beta release or beta services. These services will be marked as beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Pacific Timesheet's other services, so please keep that in mind.
Our Rights
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, or Company Data used as part of the Services, Pacific Timesheet trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do so as well. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Copyright Agent
Pacific Timesheet
5348 Vegas Drive
Las Vegas, NV 89108
Billing
Billing. Your company is responsible for purchasing the Services from Pacific Timesheet to enable you or other users in your company to use the Services. These purchases are handled between Pacific Timesheet and your company. If your access to the Services are discontinued, this might be a result of your company discontinuing the Services, or disabling your account. If you believe your company has not discontinued the Services or that your account should be enabled, this could be a problem with your account credentials. In this case, you should contact your direct supervisor, the Pacific Timesheet system administrator or help desk at your company for assistance.
Your Credentials
User Credentials. When you download a Pacific Timesheet App for use, you will not automatically have credentials to gain access to the Services. Account credentials need to be provisioned by your company, so that you can use the Services. If you already have an active user account with Pacific Timesheet, you should be able to use those account credentials to login and begin using the Services right away. Your company credentials will either include a user name and password or you might be able to gain access single sign-on credentials if you have already logged into your company network.
Using Pacific Timesheet for Work at your Company. If you use Pacific Timesheet for your work for your company, you must use it in compliance with your company's terms and policies. Please note that all Pacific Timesheet user accounts are subject to your organization's control. Your system administrators may be able to access, disclose, restrict, or remove information in or from your Pacific Timesheet account. They may also be able to restrict or terminate your access to your Pacific Timesheet account.
Termination
Generally, terminating use of the Services will be determined between you and your company. That said, we reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you're in breach of these Terms,
(b) you're using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
(c) you don't have a user account that is part of your company’s Pacific Timesheet system.
If you are in breach, and after certain notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services.
We won't provide notice before termination where:
(a) you're in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we're prohibited from doing so by law.
Discontinuation of Services
Working with your company, we may separately or jointly decide to discontinue the Services in response to unforeseen circumstances beyond your company’s or Pacific Timesheet's control, or to comply with a legal requirement. If we do so, your company or Pacific Timesheet will give you reasonable prior notice so that you can prepare to terminate the use of our Services.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PACIFIC TIMESHEET AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR PACIFIC TIMESHEET'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT YOUR RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, PACIFIC TIMESHEET, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT PACIFIC TIMESHEET OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, PACIFIC TIMESHEET, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. PACIFIC TIMESHEET AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
Addressing Issues and Concerns
Addressing Issues and Concerns. We want to address your concerns as best as possible. As your use of the Services are part of your work for your company, you agree to raise any important issues or concerns to your supervisor or the Pacific Timesheet system administrator, depending upon the preference of your company.
Resolution of Issues and Disputes. As you are using the Services as part of your work for your company, you agree to personally hold Pacific Timesheet harmless from any disputes, issues you might have, or damages you might incur from your use of Pacific Timesheet, and that you will leave any resolution of these disputes or issues to your company’s management and its contractual relationship with Pacific Timesheet for provision of the Services.
Controlling Law
These Terms will be governed by Nevada law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
Entire Agreement
These Terms constitute the entire agreement between you and Pacific Timesheet with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
Waiver, Severability & Assignment
Pacific Timesheet's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Pacific Timesheet may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify your company prior to the update's effective date by sending an email to company’s system administrators, or an in-product notice. These updated terms will be effective no less than 30 days from when we notify you.
If you don't agree to the updates we make, you should contact your company’s system administrator to communicate any issues or concerns that you might have. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
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