Terms of Service

Read This Terms of Use Agreement Before Accessing Website.

This Terms of Use Agreement sets forth the standards of use of the Swipeclock service and Swipeclock.com Website. By using the Swipeclock.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.

LIMITATION OF LIABILITY

SWIPECLOCK SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, SWIPECLOCK SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SWIPECLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

INDEMNIFICATION

Member agrees to indemnify and hold Swipeclock, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or another user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

THIRD-PARTY SITES

Our website may include links to other sites on the Internet that are owned and operated by other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

COMPLIANCE WITH LAWS

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Swipeclock, all rights reserved. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Swipeclock is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic devices, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Swipeclock.

WorkforceHub™, ApplicantStack™, TimeWorksPlus™, TimeSimplicity™ and TimeWorksExpess™ are proprietary trademarks of Swipeclock. Swipeclock trademarks may not be used in connection with any product or service that is not provided by Swipeclock, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swipeclock.
All other trademarks displayed on Swipeclock’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Swipeclock.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Swipeclock designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Attn: Copyright Infringement Personnel
10644 S. Jordan Parkway, #400
South Jordan, UT 84095

By Telephone:

888-223-3450

By Email:

info@swipeclock.com

BOTNETS

Swipeclock retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Swipeclock reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Swipeclock, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Mobile Terms of Service

 

  1. When you opt-in to the service, we will send you an SMS message to confirm your signup. In the Swipeclock messaging program, users will receive messages with details regarding work shifts they have been assigned as well as available shifts and any shifts changes that they need to be aware.
  2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  3. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
  4. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Under the Swipeclock Messaging Program, you will receive messages related to changes to your work schedule and message frequency will vary depending on when those changes are made. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to smssupport@swipeclock.com.
  6. If you have any questions regarding privacy, please read our privacy policy: Swipeclock Privacy Policy