EDDY HR LLC Terms of Service
Last Updated: April 2, 2020
You’re responsible for your conduct, and you must comply with our Acceptable Use Policy. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over the age of 13.
You are responsible for protecting the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify EDDY of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data, it is your responsibility to use a secure encrypted connection to communicate with the Services.
You are responsible for monitoring your own information, and you acknowledge that EDDY has no obligation to monitor any information on the Services. EDDY is not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services. We are not responsible for your compliance with applicable employment-related laws and regulations that you may be subject to (including, but not limited to, U.S. Citizenship and Immigration Services, U.S. Department of Labor, and all U.S. States and any international governing bodies).
Some of our Services allow you to use or download software (“Software“) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
INTELLECTUAL PROPERTY OWNERSHIP
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, EDDY trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
EDDY HR LLC
3585 N University Ave
Provo, Utah 84604
EDDY HR BUSINESS
You must use your account in compliance with your organization’s terms and policies. Please note that EDDY team accounts are subject to your organization’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your EDDY account. They may also be able to restrict or terminate your access to your EDDY account.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services without notice to you if: (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or (c) you don’t have a paid account and haven’t accessed our Services for 12 consecutive months. At our discretion, we’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services. We won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (c) we’re prohibited from doing so by law.
DISCONTINUATION OF SERVICES
We may decide to discontinue the Services in response to unforeseen circumstances beyond EDDY’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice.
EDDY warrants that the Services will perform substantially in accordance with the specifications generally provided by EDDY in connection with the Service (“Documentation”). EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING SENTENCE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EDDY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, DOCUMENTATION AND SOFTWARE, AND THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
EDDY agrees to indemnify and defend you and hold you harmless from and against any and all losses, damages, judgments, settlements, and other claims, including attorney fees and court costs, to the extent arising out of an allegation that your use of the Services in accordance with these Terms infringes the intellectual property rights of a third party; provided, that you (a) promptly notify EDDY in writing of any claim for which you will or may seek indemnification, (b) give EDDY sole control of the defense of such claim and all negotiations for the compromise or settlement thereof (provided that if any settlement requires any action or admission by you, then the settlement will require your prior consent), and (c) provide EDDY with all reasonable cooperation, information and assistance in connection with such claim. Notwithstanding the foregoing, in no event shall EDDY have any obligations or liability arising from: (x) use of the Service or Software in a modified form or in combination with materials or software not furnished by EDDY, and (y) any content, information or data provided by you, your end users, or other third parties.
LIMITATION OF LIABILITY
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR EDDY’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, NEITHER YOU NOR EDDY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT EDDYOR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. WE LIMIT OUR LIABILITY TO YOU TO THE AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH EDDY.
In the event of a security breach, as defined by applicable local, state, national, and international laws, rules and regulations, by EDDY or its employees, contractors or agents (in their capacity as such), upon discovery of such breach, EDDY will: (a) initiate remedial actions that are in compliance with applicable law and consistent with industry standards; and (b) promptly notify you of the security breach, its nature and scope, the remedial actions EDDY will undertake. You will be responsible for fulfilling your obligations under applicable law.
DISPUTES AND GOVERNING LAW
Before filing a claim against EDDY, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or EDDY may bring a formal proceeding.
You and EDDY agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Salt Lake City, Utah. Both you and EDDY consent to venue and personal jurisdiction in such courts.
These Terms will be governed by Utah law, without regard to any rules regarding Conflicts of Law.
These Terms constitute the entire agreement between you and EDDY with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
EDDY’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EDDY may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to our Services.