Terms and Conditions

Timesheet Mobile is operated by Freedom Telecare, LLC and its affiliates

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE SUBSCRIBING OR USING THIS TIMESHEET MOBILE SITE.

By using the Timesheet Mobile Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Timesheet Mobile Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Timesheet Mobile Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any Timesheet Mobile Site are the copyrighted property of Freedom Telecare LLC., or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Freedom Telecare LLC, or its affiliates. No material from any Timesheet Mobile Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Timesheet Mobile Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. In the event you download software from any Timesheet Mobile Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

DISCLAIMER THE MATERIALS IN THIS TIMESHEET MOBILE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY TIMESHEET MOBILE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY TIMESHEET MOBILE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY TIMESHEET MOBILE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LOCATION BASED SERVICES (LBS)

At any time, employees can authorize or cancel their employer’s ability to obtain their location coordinates by calling the IVR LBS registration system at 617-475-3177. Employee locations are ONLY obtained when they Punch in or out for the use of proving they were at the correct jobsite. Any misuse of Timesheet Mobile will result in cancellation of service with full responsibility to pay for services granted through the cancellation date. Additional penalties may apply for violations of this policy that result in monetary damages.

CREDIT CARDS

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchant services.

SUBSCRIPTIONS/BILLING

We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers via this web site. We reserve the right to terminate your account at any time for any reason. Some services offered on Timesheet Mobile Sites are subscription-based services. If you open a subscription-based account with any of our sites, you hereby agree to pay all charges to your account, including and not limited to applicable taxes and charges for the use of additional service features that are not included in your subscription package. You will be charged in accordance with billing terms in effect at the time the fee or charge becomes payable. For subscription-based services, your charge remains for each subscription period no matter if you make several logs or zero (0) logs during any subscription period. For greater certainty, IF YOU DO NOT USE THE SERVICE, THE OBLIGATION REMAINS TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION. For more information regarding canceling your subscription see the “CANCELLATION” section below.

Please Note:

Your Subscription will be automatically renewed and your credit card account will be charged as follows: The renewal charge shall be equal to the original customer subscription price, unless otherwise notified in advance by the Timesheet Mobile site. Customer’s Subscription will be automatically renewed and Customer’s credit card account will be charged each month after Customer’s initial Sign Up charge date. Without notice, Timesheet Mobile may adjust Customer’s renewal date in future subsequent months. This will be reflected by charging the Customer’s account on a pro-rated basis according to the number of days that have passed since the date of the Customer’s latest renewal charge. Customer’s right to use the Service is subject to any limits established by Freedom Telecare or by Customer’s credit card issuer. If payment cannot be charged to Customer’s credit card or Customer’s charge is returned for any reason, including charge back, Freedom Telecare reserves the right to either suspend or terminate Customer’s access and account, thereby terminating this Agreement and all obligations of Freedom Telecare hereunder. If Customer has reason to believe that Customer’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer’s ID, password, or any credit, debit or charge card number stored on the Timesheet Mobile site) Customer must notify Freedom Telecare immediately of the problem to avoid Customer’s possible liability for any unauthorized charges to Customer’s account.

CANCELLATION

Freedom Telecare agrees that it will terminate your account upon notice via email. If you cancel an Timesheet Mobile account after signing up or a subscription renewal for a service, no refund for unused time on such service will be made. If you have a balance due on any Timesheet Mobile account, you agree that Freedom Telecare can charge these unpaid fees to your credit card.

YOU HAVE TO CANCEL YOUR ACCOUNT IN ORDER TO NOT BE CHARGED FOR YOUR SUBSCRIPTION. Freedom Telecare WILL NOT ISSUE A REFUND FOR DATES PRIOR TO YOUR CANCELLATION. For subscription-based services, your charge remains for each subscription period no matter if you make several logs or zero (0) logs during any subscription period. For greater certainty, IF YOU DO NOT USE THE SERVICE THE OBLIGATION REMAINS TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

If you would like cancel your subscription service, please send an email to support@timesheetmobile.com with “Cancel My Subscription” as the subject of the email. For security reasons you MUST INCLUDE the following when canceling your subscription:

• 1) login name

• 2) full name you used to purchase your subscription

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TIMESHEET MOBILE SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY TIMESHEET MOBILE SITE.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all Timesheet Mobile Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all Timesheet Mobile Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Timesheet Mobile Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise. These terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.