Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
TERMS OF SERVICE
Version 1.02 (11-26-14)
By accessing this website and/or registering for any service offered, you are agreeing to be bound by these website Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site, and also from registering for use of any service offered through this website. Please read this document fully and carefully. Further, you understand and agree that all content contained within this website and application is owned by MPA Computers, LLC. and is protected under all applicable copyright and trade mark laws.
Tymeshift is a time tracking and reporting application developed and owned soley by MPA Computers, LLC (the “Service”). MPA Computers, LLC will be hereinafter referred to as MPA for the purpose of this agreement.
This Terms and Conditions of Service Agreement (TCOS) is by and between MPA and you or the company or other entity acknowledging this Agreement (“Client”).
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by MPA; use the Service for any fraudulent or inappropriate purpose; resell, duplicate, reproduce or exploit any part of the Service without the express written permission of MPA; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
You agree to hold harmless and indemnify MPA, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, MPA will provide you with written notice of such claim, suit or action.
The failure of MPA to exercise or enforce any right or provision of the TCOS shall not constitute a waiver of such right or provision. The TCOS constitutes the entire agreement between you and MPA and govern your use of the Service, superceding any prior agreements between you and MPA (including, but not limited to, any prior versions of the TCOS).
WARRANTY AND LIABILITY
MPA does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. In no event shall MPA or its suppliers/affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MPA’s website, even if MPA or a MPA authorized representative has been notified orally or in writing of the possibility of such damage.
TERMINATION OF SERVICE
(a) Either party may terminate this agreement at the end of the current Service Term by providing written notice of 30 days prior to the end of Service Term.
(b) No refunds or credits for subscription charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Term.
(c) MPA may deny Customer access to all or part of the Service without notice if MPA believes, in its sole discretion, that Customer may have violated any of the terms of this Agreement.
(d) Upon termination of this Agreement, MPA will store and retain Customer’s time tracking and other data related to the Service for any period that may be necessary under the terms of TCOS and may, in its discretion, store and retain such data for such longer period as may be allowed by applicable law. While such data is stored post-termination of this Agreement, MPA will not willingly disclose the data to any third-party unless authorized by Client, or as may be permitted by TCOS.
(a) MPA WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO INTERRUPTION OF, OR DEFECTS IN TRANSMISSION OF, THE SERVICE, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs.
(b) MPA will not be liable for interruption of or delays in transmission of the Service caused by acts of God, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond MPA’s control.
MPA will exercise reasonable care to prevent any unauthorized person or entity from gaining access to Client Data. Each party will promptly notify the other of any unauthorized access to or use of Client Data or passwords. The parties will use reasonable efforts to take remedial measures to address any such unauthorized access.
MODIFICATION OF AGREEMENT
MPA may, in its sole discretion, modify or revise the TCOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TCOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TCOS at any time at: http://www.tymeshift.com/privacy-policy-tos
GOVERNING LAW AND APPECTANCE
Any claim relating to MPA’s web site shall be governed by the laws of the State of IOWA without regard to its conflict of law provisions.
The parties acknowledge that they have read the terms and conditions of this TCOS and hereby agree to be bound thereby. This TCOS will become effective upon Client’s acceptance by use (registration or otherwise) via this website.