Welcome to KENNECT by TalentWise!
DESCRIPTION OF THE SERVICES. KENNECT by TalentWise is a workforce management solution intended for use by small businesses.
You acknowledge that a key objective for the Beta Test is for us to learn about the performance of the Beta Services. You shall use reasonable efforts to promptly report to us any problems arising out of or related to the use of the Beta Services you are testing, as well as provide suggestions for enhancement, comments or any other feedback, whether oral or written, with respect to the Beta Products ("Feedback"). You agree to provide us with reasonable Feedback regarding the performance, features, or other aspects of the Beta Services being tested. You may send feedback to us by email at firstname.lastname@example.org or by phone to 1-888-341-5607. You agree that we may contact you via email, phone or other means to solicit your Feedback regarding your experiences with the Beta Test and Beta Services and about other matters related to your participation in the Beta Test. All Feedback provided by you shall be considered our intellectual property and owned solely by us. Additionally , we shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided by you as we see fit in our sole discretion, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
In addition to certain information about you and your Users, including your account information that is needed to provide you with the Services, we may maintain other information about you and your Users, including the duration and frequency of your use of the Services, the pages viewed, and other such anonymous usage data (collectively "Usage Data"). We may use the Usage Data for internal business purposes, including improving, testing and providing the Services. We may aggregate, use, distribute, and publish such Usage Data regarding use and functioning of the Services by our guests and registered users and disclose such Usage Data in aggregate form for statistical analysis, market analysis, financial analysis, promotion and other such purposes. Such Usage Data shall be our sole property.
RESTRICTIONS . You will not, and will ensure that your Users do not: (a) use the Services to upload, transmit, or otherwise distribute any content that is unlawful, threatening, defamatory, fraudulent, obscene, infringing, or otherwise unlawful content, including without limitation any spam or otherwise objectionable as reasonably determined by us; (b) store, submit, or distribute viruses, worms, time bombs, malicious code, or any other items of a harmful nature; (c) use the Services for any unlawful purpose or to engage in any activity that violates applicable law or the rights of others; (e) engage in any activity that interferes with or disrupts the Services or third party data contained therein; (f) attempt to gain unauthorized access to the Services or their related systems or networks; (g) make derivative works of, disassemble, or attempt to reverse compile or reverse engineer any part of the Services, or access the Services or in order to build a similar or competitive product or service (or contract with a third party to do so). If we reasonably suspect or otherwise identify any breach by you or your Users of this paragraph, we may immediately suspend or terminate your use and/or access to the Services.
THIRD PARTY SERVICES. The Site may provide links to other websites, services or resources ("Third Party Services"), and other websites, services or resources may contain links to the Site. If you choose to access or use any Third Party Services through the Site, you may be required to obtain access the Third Party Services directly from the third party, and may be required to grant us access to your account with such third party. If Company decides to access or use any Third Party Services through the Site, Company understands and agrees that we may allow such third parties to access Your Data and/or we may transfer Your Data to such third parties as required for your use of the Third Party Services. We shall not be responsible for any disclosure, modification, or loss of Your Data arising from or related to (i) your use of Third Party Services, or (ii) the transfer of Your Data between the Site and the third party in connection with the Third Party Services. Any exchange of Your Data between you and any third party is solely between you and the third party. We do not warrant or support any Third Party Services. You acknowledge that we are not responsible or liable for the content, functions, legality, accuracy or any other aspect of such Third Party Services. We may limit, substitute, change or eliminate any Third Party Services available through or used in connection with the Services without liability and without notice.
COMPLIANCE WITH LAWS/DISCLAIMERS . You must abide by all applicable federal, state, local, and foreign laws, rules and regulations in connection with your use of the Services, including, without limitation, any laws, rules and regulations regarding the export of data to and from the US or other countries, data privacy, the transmission of PII, human resources and employment ("Laws").
It is your sole responsibility to monitor your and your Users? use of the Service to ensure that such use complies with and is in accordance with all applicable Laws, including, without limitation, applicable human resources and employment-related laws, rules and regulations. In no event shall we be responsible or liable for your failure to comply with applicable Laws in connection with your use of the Services.
Should you choose to meet any of your obligations under applicable Laws through the Services, you acknowledge and agree that you are solely responsible for independently reviewing and verifying that any materials, documents or forms used in connection therewith, whether furnished by us, created by you or another third party, are legally compliant.
We will have no responsibility for any damage to your computer system or loss of data that results from the use of the Services.
COPYRIGHT . The Services may contain content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software specifically provided by us or third parties ("Content"). Such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Relationship Of The Parties . The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have any authority of any kind to bind the other in any respect.
Electronic Signatures. By using the Services you agree to transact electronically through the Site. You agree your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
In order to access, fulfill, execute, and retain electronic forms, your computer must be equipped and compatible with the most common operating systems and modern internet browsers.
If you decline to use an electronic signature, you will be able to print your forms and sign them by hand, but will also be required to deliver the hand signed forms to us.
After authorizing the use of your electronic signature you may still withdraw your consent. To do so you must contact us for our withdrawal procedures, and to understand any consequences or fees which may apply.
Effective Date: 09/16/2015