The Terms of Service for ProInteract ("Copy Right & Legal Statement") are effective immediately upon the user's acceptance of the Copy Right & Legal Statement by clicking the "Next" button with the "I have read and agree to the Copy Right & Legal Statement" checkbox checked. As used in the Copy Right & Legal Statement, the terms "you", "your", or "user" all refer to the person(s) using ProInteract ("the Service") in any way. We retain the right to modify these terms at any time by posting new terms on this page.
You may not use the Service until you have accepted the Copy Right & Legal Statement. You are responsible, at your own expense, to access the World Wide Web, and pay any service fees associated with such access. You must also provide all necessary hardware and software necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Subject to the terms and conditions of the Copy Right & Legal Statement, ProInteract Systems, Inc. ("MCS") will provide the following: ProInteract, a service that allows you to manage your employee schedules on the World Wide Web. The Service allows managers to create and maintain their employee work schedules online, and provides employees with access to that information through the World Wide Web.
You agree to provide accurate, current, and complete information about your business and promptly notify MCS if any of your business information changes. If you provide any information that is untrue, not current, incomplete, or if MCS has reasonable grounds to suspect that information provided is untrue, not current, or incomplete, MCS has the right to suspend or terminate your account and refuse any future use of the Service.
You, as a company representative, will create your own email/username and password that will enable you to access the Service and manage your schedules. As the initial user of the Service, your email/username and password will entitle you to special managerial permissions. Upon successful account creation, or anytime thereafter, you may assign an email/username, password, and permissions to your employees so they may access their schedule(s) via the World Wide Web and perform scheduling functions. You are fully responsible for all actions of employees with email/usernames and passwords and are responsible for the confidentiality and use of email/usernames and passwords.
By signing up for the Service, you agree to pay the then-current fees associated with the Service. MCS reserves the right to modify its fees with or without notice. Your first month for the Service is free and you will be billed an account fee for your second month. Subsequent months will be billed based upon your prior month's usage plus the account fee. For current pricing, please click here. You can cancel your ProInteract account at any time by calling 1-701-235-5226 or 1-800-874-8801.
You may choose to pay either by check or by credit card. If you choose to pay by check, payment is due upon receipt of your monthly invoice. If you choose to pay by credit card, you must provide MCS valid credit card information. MCS will charge your credit card approximately on the 1st of each month for your prior month's usage. If for some reason MCS is unable to charge your credit card, you are still liable for any and all charges incurred and must pay MCS the amount due. Regardless of billing method, full payment must be received within 30 days of issuance of an invoice. If full payment is not received within the 30 days, the Service may be terminated without notification.
You warrant to MCS that you will not use the Service for any purpose that is unlawful or violates these Copy Right & Legal Statement. Any use of the Service considered an abuse by current Internet standards will serve as reasonable grounds for account termination.
You acknowledge that MCS may establish general guidelines and limits concerning use of the Service, including without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times and the maximum duration for which you may access the Service in a given period of time. You agree that MCS has no responsibility or liability for the deletion of content maintained by the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your data as necessary to resolve the problem. You acknowledge that MCS reserves the right to change these general guidelines and limits at any time, at its sole discretion, with or without notice.
11.1 Modifications to the Service. MCS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at reasonable notice to you. You agree that MCS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. MCS may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browsers and versions).
11.2 Modifications to the Copy Right & Legal Statement. You agree that MCS may modify the Copy Right & Legal Statement as necessary to comply with any other agreements that MCS is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your continued use of any of the Service shall constitute your acceptance of the Copy Right & Legal Statement with the new modifications. If you do not agree to any of such changes, you may terminate your account and cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Copy Right & Legal Statement.
Fees for the Service are calculated according to the number of employees entered into the Service, regardless of the method use to enter the employees. You may not use one employee to represent more than one employee or more than one employee's schedule. If you misrepresent the number of employees that are being scheduled in any way, MCS may (a) suspend or terminate your account and refuse any and all future use of the Service and/or (b) if it is determined that the actual number of employees being scheduled is greater than your company's representation, you will be fully liable for the additional cost for all employees that have been using the Service, retroactively, according to the then-current fees.
You acknowledge and agree that MCS may suspend or terminate your account and/or deny you access to, use of, or submission of content for, all or part of the Service, without prior notice, if you engage in any conduct that MCS believes, in its sole discretion: (a) violates any term or provision of the Copy Right & Legal Statement; (b) violates the rights of MCS or third parties; or (c) is otherwise inappropriate for continued access and use of the Service. You agree that upon termination, MCS may delete all schedules and information related to your account and may bar you access to your account and the Service. Further, you agree that MCS shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify, and hold MCS harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the Copy Right & Legal Statement, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of the Service.
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You agree not to copy, sell, resell, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MCS MAKES NO WARRANTY ABOUT THE AVAILABLILITY, SUITABILITY, RELIABILITY, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. MCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE COPY RIGHT & LEGAL STATEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE COPY RIGHT & LEGAL STATEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU ALSO AGREE THAT MCS WILL NOT BE LIABLE FOR ANY (1) INTERRUPTION OF BUSINESS, (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE; (3) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (4) EVENTS BEYOND MCS'S CONTROL;
IN NO EVENT SHALL MCS'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO MCS FOR THE SERVICE, BUT IN NO EVENT GREATER THAN THREE HUNDRED DOLLARS ($300.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
The Copy Right & Legal Statement constitutes the entire agreement between you and MCS, and governs your use of the Service, superceding any prior agreements between you and MCS (including, but not limited to, any prior versions of the Copy Right & Legal Statement) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other MCS services, third-party content or third-party software. Except as otherwise provided herein, the Copy Right & Legal Statement shall be governed by the laws of the State of North Dakota without regard to its conflict of law provisions. Except as otherwise provided in the Copy Right & Legal Statement, you and MCS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cass, North Dakota. The Copy Right & Legal Statement does not limit any rights that MCS may have under trade secret, copyright, patent, trademark or other laws. The failure of MCS to exerc ise or enforce any right or provision of the Copy Right & Legal Statement shall not constitute a waiver of such right or provision. If any provision of the Copy Right & Legal Statement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Copy Right & Legal Statement remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Copy Right & Legal Statement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Copy Right & Legal Statement are for convenience only and have no legal or contractual effect. The Copy Right & Legal Statement will inure to the benefit of MCS and its successors and assigns.
All representations, warranties, Sections 13, 16, 17, 18, 19, and 20 in the Copy Right & Legal Statement shall survive the termination of the Copy Right & Legal Statement.