Effective Date: October 1, 2024
Please contact us if you have questions or require clarification regarding our policies. Keep an eye out for words that are bolded— this means the word is being given a specific definition.
The Terms of Service are a contract between us (ThinkWhy dba LaborIQ) and you (the User), whether you are a subscriber, one-time purchaser, or a visitor to our Website.
The Terms of Service apply to your use of LaborIQ’s Services. The term “Services” means any services we provide you, including, for example, the website (www.LaborIQ.co) (“the Website”) and the LaborIQ® Platform (www.apps.thinkwhy.com) and/or (“the Product”), which include reports, data insights, visualizations, and dashboards (“Content”), in your LaborIQ account.
If you are using our Services on behalf of an organization, the Terms of Service are binding to you, your organization, your organization’s employees, representatives, successors, and assignees, and anyone who has a user license as part of your organization’s LaborIQ account.
1. You may also be bound by an additional written agreement, or “Addendum”, with us.
You may enter into one or more additional written agreements with us regarding our Services or specifying the pricing, length, payment schedule and any other terms specific to your account with LaborIQ (each referred to as an “Addendum”). An Addendum may be required if, for example, you request to change the duration of your subscription. The terms of such Addendums are in addition to and incorporated into these Terms of Service. If there is a conflict between what the terms of an Addendum say and what the Terms of Service say, then the terms of the Addendum will control. For an Addendum to be effective to alter, modify, amend or supplement any terms of these Terms of Service, it must be signed by LaborIQ and the applicable User, and must further expressly state that it is intended to be an Addendum to these Terms of Service.
2. By using our Services, you are warranting certain information about yourself and how you will act.
By using our Services (for example, the Product), you represent and warrant that:
3. Minors under 18 are not allowed to use our Services.
Our Services are intended for use by business professionals. Persons under 18 years of age are not authorized to use our Services.
4. Our Content is our valuable intellectual property. Your right to use it is limited.
As part of our Services to you, we provide Content, which include, but are not limited to, reports, data insights, visualizations, and dashboards. Under no circumstances may you sell, license, or otherwise directly profit off any portion of our Content or any information obtained from our Content.
Certain laws protect our Content, which includes:
LaborIQ owns, solely and exclusively, all rights, titles and interests in and to our Content, including, for example, all intellectual property and proprietary rights. To the extent LaborIQ’s Content includes any software or information that is licensed from third parties, LaborIQ’s licensors own, all rights, titles, and interests in any such licensed software or information. You retain all rights that you possess in salary data for your organization that you import (whether manually or via CSV upload), into our Services and/or Products in the form so imported. Your use of our Content does not grant you any additional ownership rights.
Under no circumstances may you “scrape” our Content or any information or data from our Website, or Products. That means you may not use any robot, spider, scraper, site search/retrieval application, or other automated means to access our Content for any purpose (including, without limitation, to retrieve information from or data mine our Content) without our written consent. You may not bypass our robot exclusion headers or any other measures we may use to prevent or restrict access to our Content.
LaborIQ owns (or has a right to use) all trademarks, logos, service marks and trade names (collectively referred to as our Trademarks) displayed in our Content. To use any of our Trademarks, you must have our written permission (or the written permission of the actual owner of the Trademark, if they license it to us).
LaborIQ will let you access, display, and use our Content—for your internal use, which includes consulting services offered by you, providing you agree to comply with the Terms of Service. This right is granted solely to allow you to use our Services as permitted by the Terms of Service. You agree not to remove, alter, or obscure any proprietary notices provided in or with our Content.
5. We use a third party to process your payments and financial information. LaborIQ is not liable for the third-party payment processor’s actions.
Your payments will be processed through Stripe® or through another third-party payment processor. Payments may not be processed for illegal or other prohibited activities.
Your relationship with our third-party payment processor is separate from your relationship with LaborIQ and may be governed by the terms and conditions contained in the processor’s agreement. While we have full confidence in our payment host, LaborIQ is not responsible for the actions or omissions of any third-party payment processor.
6. You are responsible for all fees owed during your Subscription Period.
A. Agreement to Pay Without Offset.
As consideration for our Services, you agree to pay us our fees in U.S. dollars. The fees include charges for applicable taxes, levies, duties, governmental charges, and expenses, based on your billing ZIP code. You have no right to offset or withhold fees owed to us.
B. Annual Subscription Purchases.
An Annual Subscription Period runs for twelve (12) months. Annual Subscription Fees are paid in full, up-front prior to the start of your subscription. Subscribers may pay via credit card, ACH, or request to be invoiced and pay via paper check or wire transfer. You or, if you represent an organization, your organization, is responsible for all fees owed during the Subscription Period to which you committed.
If you are paying by credit card or ACH, your Annual Subscription Period will start when LaborIQ confirms your payment and will continue for twelve (12) months. Annual Subscribers paying by credit card or ACH with subscriptions that exceed $10,000 may choose to make quarterly payments over the course of your twelve (12) month Subscription Period.
If you are paying by invoice, your Annual Subscription Period will begin when the first payment clears, unless otherwise specified. We will invoice you at the beginning of your subscription, and other times during your Subscription Period when fees are payable. Subscription Fees shall be due and payable as outlined in the invoice issued by LaborIQ. If no date is specified, payment is due within thirty (30) days from the date of invoice.
C. Multi-Year Subscription Purchases.
A Multi-Year Subscription Period runs for either two years (24 months) or three years (36 months) or longer when applicable on a case-by-case basis. Subscribers may pay via credit card, ACH, or request to be invoiced and pay via paper check or wire transfer Multi-Year Subscription Fees are paid annually or in full in advance. You or, if you represent an organization, your organization, is responsible for all fees owed during the Subscription Period to which you committed.
If you are paying by credit card or ACH, your Multi-Year Subscription Period will start when LaborIQ confirms your first payment and will continue for the Subscription Period you select (2 or 3 years). Multi-year Subscribers paying by credit card or ACH who choose to make annual payments over the course of your Subscription Period authorize us to charge your payment method, in accordance with the specified billing cycle, for all fees payable during your Multi-Year Subscription Period. You, or an administrator for your account, are responsible for maintaining accurate and up-to-date payment information during your Subscription Period.
If you are paying by invoice, your Multi-Year Subscription Period will begin when the first payment clears, unless otherwise specified. We will invoice you at the beginning of your subscription, at the start of each subsequent billing period, and other times during your Subscription Period when fees are payable. Subscription Fees shall be due and payable as outlined in the invoice issued by LaborIQ. If no date is specified, payment is due within thirty (30) days from the date of invoice.
D. Professional Services.
If an applicable Addendum includes the provision of certain professional services (“Professional Services”), then such services shall be provided in accordance with the Statement of Work. Fees for Professional Services must be paid in full in advance. Payment is due immediately upon receipt of invoice.
E. Changes to Fees.
Subscription Fees will remain fixed during your Subscription Period unless you change products or base packages. Where a price change applies to you, we will charge or invoice you under the new price structure.
LaborIQ may change the fee structure or add new Products for additional fees at any time at our sole discretion. Any change to the fees for paid Services shall become effective in the billing cycle following notice of such change. LaborIQ may, at its sole discretion, delay price increases for the duration of your current Subscription Period. You will be notified in advance if any changes are made that may impact you. If you request two or more subscriptions for the same organization, you may run the subscription periods simultaneously. In that case, LaborIQ would bill you for any months outside of the simultaneous periods, then adjust the subscription periods on the account so that going forward, they begin and end on the same dates.
7. If you do not pay our fees on time, we may take action against you. You will reimburse us for any collection costs we may incur.
You are responsible for maintaining complete and accurate billing and contact information during your Subscription Period. If your payment information expires or is otherwise inaccurate, we will send you a notice to correct the information immediately. Subscription payments must be received in accordance with terms stated in the invoice. Account access is subject to suspension until all fees are paid in full.
Any amounts not paid by you within thirty (30) days of the date of the invoice may accrue interest beginning on the date of the invoice and ending on the date you pay off the invoice in full. This interest shall accrue at the rate of one and one-half percent (1.5%) per month, or the highest interest rate allowable by law (whichever is less) and shall be compounded monthly.
You agree to reimburse us if we incur any costs, expenses, or fees, including reasonable attorney’s fees, in connection with the collection or payment of any amounts due by you for our Services.
8. If you are a subscriber, your subscription is subject to certain additional conditions.
A. Renewal.
By default, your subscription will renew (“Subscription Renewal”) automatically at the end of your Subscription Period (“Term”) to ensure an uninterrupted service experience. Your subscription will be auto renewed at the then current subscription rates for an Annual Subscription Period of twelve (12) months, billed in the same frequency as your previous Subscription Period. Renewal incentive options in the form of discounts are available for Multi-Year Subscription Periods. Your LaborIQ Client Success Partner can assist you with longer-term renewals at support@LaborIQ.co.
You or, if you represent an organization, your organization, is responsible for all fees owed for your Subscription Renewal. Renewal invoices will be posted to your account and accessible within Account Settings automatically upon the end of your Subscription Period.
Renewing Subscribers paying by credit card or ACH will be charged automatically upon invoice posted date. Subscription Fees for Renewing Subscribers paying by invoice shall be due and payable as outlined in the invoice issued by LaborIQ. If no date is specified, payment is due within thirty (30) days from the date of invoice.
Account access for any Renewing Subscribers with unpaid fees after the Renewal Date will be suspended until payment is received and may be subject to legal action by LaborIQ.
B. Termination.
Each subscription runs for the Term selected by your organization. Subscribers may stop using our Services at any time during the Term but will not be entitled to a refund and will be responsible for any fees owed by the subscriber for the remainder of the Subscription Period.
An administrator for your account may provide notice of non-renewal at least sixty (60) days before the end of your Subscription Period (the “Renewal Notice Deadline”) by (a) selecting “Cancel My Plan” and completing the cancellation processing the “Plan & Billing History” section of Account Settings, or (b) providing written notice to us via email at Support@LaborIQ.co. The sixty-day (60-day) cancellation notice will take effect January 1, 2025; prior to that date, the required notice is thirty (30) days. If you fail to timely terminate your Services as set forth herein, you will be charged for an additional Annual Subscription Period.
After the Renewal Notice Deadline has passed, the option to ”Cancel My Plan” will no longer be available for your current Subscription Period. If you have not canceled your subscription by the Renewal Notice Deadline, your subscription will automatically renew. If you have completed plan cancellation by the Renewal Notice Deadline, your subscription will end in accordance with your Subscription Period.
Subscriptions that are terminated can be reactivated within sixty (60) days following the end of your Term by contacting your Client Success Partner or by emailing Support@LaborIQ.co. To reactivate your subscription, payment is due immediately upon receipt of invoice. Your subscription will not be activated until the first payment clears. The subscription start date will reflect the date on which payment is received. If subscription reactivation occurs more than sixty (60) days after the end of your Term, any account data, including saved reports, will be unavailable.
C. Your Responsibility for Use of Your Account.
Each license included in a subscription is for a single user only. You are not permitted to share your account login credentials or give your login credentials to anyone (other than authorized representatives of your organization, as applicable). We may cancel or suspend your access to our Services if you share your login credentials.
You are responsible for all activities that occur in, on, or through your account, regardless of who did it. It is your responsibility to secure and protect your account and to manage the users within your account. Admin users on your account have the capabilities necessary to provide certain limits by setting user permissions. These administrators will not have full control over limiting the information that can be seen, accessed, or downloaded by other users.
You are also responsible for any and all uses of our Content that you use or disseminate, including without limitation if you send our Content to a third party who uses the information in violation of the Terms of Service.
D. Support included with your subscription.
Each subscription includes a dedicated Client Success Partner who will serve as your consultative point of contact and provide the following support:
Support is available Monday - Friday from the hours of 8:30 AM to 5:30 PM CST, excluding holidays.
If you or your organization is an HR Consultancy, meaning you provide one or more categories of HR-related services to another company for a profit, your subscription comes with an allocated number of job title credits to use towards adding job titles to the Product. The number of job title credits available depends on your current Plan:
Any plans not listed above include five (5) job title credits.
One job title credit is valid for one job title add request. Each job title credit is valid for a twelve (12) month period. Any unused job title credits will expire at the end of each twelve (12) month term. All licensed users are authorized to consume job title credits. Any user can request a summary of their account’s job title credit balance by emailing their Client Success Partner at Support@LaborIQ.co.
Additional job title credits can be purchased anytime during your Subscription Period. Additional job title credits will be invoiced separately from your subscription. Payment is due immediately upon receipt of invoice and in advance of any credits being used. To purchase additional job title credits, contact your Client Success Partner or email Support@LaborIQ.co.
LaborIQ may in its sole discretion approve or reject any job title add requests submitted. Job title credits will be deducted from your account’s balance once your job title(s) are available in the Product.
F. Your Relationship with LaborIQ.
You and LaborIQ are independent contractors, and the Terms of Service are not intended to create an agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and LaborIQ.
G. LaborIQ’s Access to your Account.
The LaborIQ support team can access your account with verbal or written permission in order to provide assistance in accordance with ourPrivacy Policy.
H. Persons Working on Behalf of a Company.
If you create or administer an account on LaborIQ for your employer or for another organization you legally represent, you agree to abide by all of the terms and conditions provided in the Terms of Service with respect to subscribers.
As an administrator for your account, you may not assign user licenses to individuals who are not employees of the organization which holds the subscription contract with LaborIQ, including but not limited to subsidiaries, holding companies, vendors, or clients without prior written approval. In the event you provide or allow Product access to individuals or organizations outside of your company, LaborIQ may, in its sole discretion, limit access to, limit the use of, suspend, or terminate any account if a remedy is not made. If during your Subscription Period you discover you need to add users outside of your organization, or need help assessing compliance with these terms, anytime.
I. Changes to Your Subscription.
If you would like to make changes to your subscription you may contact our Client Success Team via email at Support@LaborIQ.co for assistance. Any changes to reduce or downgrade the level of Services may only be made with respect to a subsequent, future Subscription Period, provided any such changes must be communicated to LaborIQ prior to the Renewal Notice Deadline. Subscribers may not downgrade Services with respect to an active Subscription Period. Upgrades to your subscription may be made at any time. Depending on what type and size of account you have, your subscription changes may be modifiable by you within our Product, LaborIQ. If you so desire, you may add additional users to your subscription at any time, subject to the following restrictions:
9. The Terms of Service grant LaborIQ significant rights.
LaborIQ has the following rights:
You agree that the foregoing are rights of, but not obligations of, LaborIQ, and that LaborIQ may, but is not obligated to, exercise any of these rights.
10. Don’t violate the law or the Terms of Service.
You may use our Services only for lawful purposes. In particular, when using our Services:
As provided in Section 9, we may immediately remove materials that violate the prohibitions above, stop your use of our Services, and/or remove your account, among other things. We may cooperate with any law enforcement authorities or government order or third-party requesting us to disclose the identity of anyone posting such materials.
11. How We Process Your Data and Third-Party Personal Information.
User’s Personal Information. Users of our Services will provide us with Personal Information (as defined in our Privacy Policy) as part of creating a profile and using our Services. This information is processed according to the terms of our Privacy Policy.
Processing of Third-Party Personal Information. During the course of providing you with our Services, you may provide us with the Personal Information of third-parties, such as the name, job title, and similar information about employees, former employees, or those seeking employment, which we will process for limited and specific purposes as provided herein. We agree to the following with respect to the processing of this Personal Information.
a. We will comply with applicable data privacy laws and regulations (“Applicable Data Privacy Laws”), including as applicable the California Consumer Privacy Act (“CCPA”), Colorado Privacy Act (“CPA”), Connecticut Data Privacy Act (“CTDPA”), Delaware Personal Data Privacy Act (“DPDPA”), Indiana Consumer Data Privacy Act (“INCDPA”), Iowa Act Relating to Consumer Data Protection (“ICDPA”), Kentucky Consumer Data Protection Act (“KCDPA”), Maryland Online Data Privacy Act (“MODPA”), Minnesota Consumer Data Privacy Act (“MCDPA”), Montana Consumer Data Privacy Act (“MTCDPA”), Nebraska Data Privacy Act (“NEDPA”), New Hampshire Privacy Act (“NHPA”), Rhode Island Data Transparency and Privacy Protection Act (“RI-DTPPA”), New Jersey Data Privacy Act (“NJDPA”), Oregon Consumer Privacy Act (“OCPA”), Tennessee Information Protection Act (“TIPA”), Texas Data Privacy and Security Act (“TDPSA”), Utah Consumer Privacy Act (“UCPA”), Virginia Consumer Data Protection Act (“VCDPA”);
b. We will process this Personal information only for the purpose of providing the Services to you and in accordance with your documented instructions (except where otherwise required by applicable law) and will not process the Personal Information for our own purposes or those of any third party. We may, however, retain, share, and use the information you input into, create, or modify with the Product for our business purposes, including de-identified information derived from the Personal Information; provided that such information shall not be identifiable to any individual or to you, and we will not take any steps to reidentify it;
c. We will treat the Personal Information as confidential and will not sell or share the Personal information with any other parties except our own sub-contractors or service providers pursuant to a written agreement in which they agree to treat it as confidential and comply with and provide the same level of privacy protection as is required by Applicable Data Privacy Laws;
d. Upon sixty (60) days’ notice from you, we will delete or return all Personal Information to you after the provision of Services is completed, unless retention is required by law.
e. We agree to notify you if we make a determination that we can no longer meet our obligations under Applicable Data Privacy Laws.
f. You may take reasonable and appropriate steps to (a) help ensure that we use the Personal Information in a manner consistent with our obligations in this section; and (b) stop and remediate unauthorized use of the Personal Information. Once per year and at your sole cost, you may, upon 30 days written notice to us, conduct a reasonable audit or assessment to ensure that we are complying with our obligations under this section and Applicable Data Privacy Laws with respect to the Personal Information. If permitted by Applicable Data Privacy Laws we may, as an alternative, arrange for a qualified and independent auditor or assessor to conduct, at our expense, an audit or assessment of our compliance, and we will provide a report of the audit or assessment to you at your request.
g. To the extent required by Applicable Data Privacy Laws, we will only engage a subcontractor to process to the Personal Information after providing you with at least seven (7) days to object. For purposes of this section, we identify Amazon Web Services (AWS) as a sub-processor that we use to provide services related to the hosting and storage of the Personal Information.
12. Your use of any services provided by third parties is separate from your use of our Services, so use them at your own risk.
We may offer or incorporate third-party services into our Services. For example, we may connect you with third-party services for payment. Sometimes we will collect a fee from these third-party providers in connection with their services.
Your use of any third-party services will be governed by the terms of service of the third-party provider and is at your own risk.
We cannot and do not make any promises or warranties about the quality of third-party services. You acknowledge that LaborIQ has no control over third-party providers, and therefore we will not be liable to anyone for problems with third-party services. The availability of third-party services on LaborIQ’s Websites or Products or the integration of such third-party services with our Services does not mean LaborIQ endorses, authorizes, or otherwise takes responsibility for the actions of any third-party providers.
If you use a third-party service, you grant LaborIQ permission to allow the applicable third-party provider to access your data and to take any other actions as required for the coordination of the third-party services with our Services. Any exchange of data or other interaction between you and the third-party provider is solely between you and such third-party provider and is subject to the terms of the third-party provider’s privacy policy. LaborIQ is not responsible for any disclosure, modification or deletion of your data or your content, or for any corresponding losses or damages you may suffer, as a result of access to or use of your data or your content by a third-party provider.
Our liability is limited to you for your use of third-party services as provided in Section 17 below, and you agree to indemnify us for issues with third-party services as provided in Section 15 below.
13. If you come to our Website or Products from another website, or if you click any links on our Website or Products to another website, you do so at your own risk.
You may be able to link from our Website or Products to a third-party website and a third-party website may link to our Website or Products (in both cases, referred to as a “Linked Site”). Your use of Linked Sites is completely at your own risk. You acknowledge and agree that LaborIQ has no responsibility or liability for what you see on or obtain through a Linked Site. We do not know if the content of any Linked Site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws.
14. The Terms of Service will apply indefinitely.
All provisions of the Terms of Service survive if you stop using our Services or terminate your account or both, including, for example, our rights regarding any content you’ve already submitted to our Website or Products. Also, everything that you have represented to us in the Terms of Service will survive indefinitely.
15. If you do something wrong and it causes us problems, you will have to pay us (that is, indemnify us) for our trouble.
To the maximum extent permitted by law, you agree to indemnify and hold harmless LaborIQ, its affiliates, officers, members, owners, directors, managers, employees, agents, and representatives (collectively referred to as “Related Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (a) your use of our Services, (b) your submission, posting, transmittal, transfer (whether intentional or unintentional), display, storage, distribution, removal, or any other use of any Personal Information pertaining to yourself or another, (c) your violation of the Terms of Service, (d) your violation of any law or regulation, (e) your violation of any intellectual property right, (f) any claim that your information or any other content provided by you caused damage to a third-party, (g) your misuse of our Content, (h) your use of third-party Services or your relationship with a third-party provider or (i) any other party's access and use of the Services with your account information. You are obligated to indemnify us for these issues even if you have stopped using our Services. LaborIQ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LaborIQ’s defense of such claim.
If we are subpoenaed by a third party in relation to a lawsuit in which you are involved or a potential lawsuit against you, you agree that you will pay all of LaborIQ’s costs associated with responding to and/or opposing the subpoena. This includes, but is not limited to, LaborIQ’s reasonable attorneys’ fees.
If we incur costs or expenses in connection with pursuing or collecting amounts that you owe us whether for the Services, indemnification, your failure to timely terminate the Services, or any other amounts that are due and payable to us, including reasonable attorney fees, then you agree to promptly pay us all of such costs and expenses associated with our pursuit efforts. In addition, if we incur costs or expenses in connection with any claim or dispute, and we generally prevail in such claim or dispute, then you agree to promptly pay us for such costs and expenses, including reasonable attorney fees.
16. WE DISCLAIM ANY WARRANTIES. YOUR USE OF OUR SERVICES AND OUR CONTENT IS AT YOUR OWN RISK.
YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE, OUR PRODUCTS, OUR SERVICES, AND OUR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER LABORIQ NOR ITS RELATED PARTIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO OUR WEBSITE, OUR PRODUCTS, OUR SERVICES, OR OUR CONTENT AS WELL AS ANY PREDICTIONS OR RECOMMENDATIONS MADE BY OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER LABORIQ NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF OUR WEBSITE, OUR PRODUCTS, OUR SERVICES, OR OUR CONTENT OR THAT OUR WEBSITE, OUR PRODUCTS, OUR SERVICES OR OUR CONTENT IS NON-DEFAMATORY, NON-INFRINGING OR OTHERWISE LAWFUL OR WITH RESPECT TO ANY PREDICTIONS OR RECOMMENDATIONS MADE BY LABORIQ OR BY OUR SERVICES. NEITHER LABORIQ NOR ANY RELATED PARTIES WARRANT THAT THE FUNCTIONS PERFORMED BY OUR WEBSITE, OUR PRODUCTS, OUR SERVICES, OR OUR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN OUR WEBSITE, OUR PRODUCTS, OUR SERVICES, OR OUR CONTENT WILL BE CORRECTED. NEITHER LABORIQ NOR ANY RELATED PARTIES GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE FROM INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES, OR PROGRAMS. OUR WEBSITE, OUR PRODUCTS, OUR SERVICES, AND OUR CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF OUR WEBSITE, OUR PRODUCTS, OUR SERVICES, AND OUR CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE, OUR PRODUCTS, ANY DOWNLOADS FROM OUR WEBSITE, OUR PRODUCTS, OR THROUGH OUR SERVICES, OR ANY OTHER OF OUR SERVICES.
17. OUR LIABILITY TO YOU IS LIMITED. THAT MEANS THAT IF YOU SUFFER LOSSES, WE ARE NOT REQUIRED TO COMPENSATE YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LABORIQ OR ANY RELATED PARTY BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF LABORIQ’S SERVICES, ANY THIRD-PARTY SERVICES OR THIRD-PARTY PROVIDER, ANY WEBSITE LINKED TO LABORIQ’S WEBSITE, LABORIQ’S PRODUCTS, OR LABORIQ’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT LABORIQ OR A RELATED PARTY IS AWARE OF OR OF ADVISED THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL DOLLAR AMOUNT OF LABORIQ’S LIABILITY TO YOU SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU PAID FOR LABORIQ’S SERVICES IN THE LAST THREE (3) MONTHS or (ii) $5,000.
18. YOU AGREE TO RESOLVE ISSUES BETWEEN YOU AND LABORIQ IN MANDATORY ARBITRATION IN DALLAS, TEXAS, AND NOT BY A COURT OR BY A JURY.
Any dispute or claim relating in any way to the Terms of Service, your relationship with LaborIQ, or your use of our Services (collectively referred to as a “Claim”) will be resolved exclusively by final and binding arbitration, rather than by a court or a jury. The only exception to such mandatory arbitration is that neither party is prohibited from resolving any such dispute or Claim as an individual Claim in a small claims court in Dallas County, Texas. The exclusive venue for the arbitration shall be Dallas County, Texas.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the Terms of Service as a court would.
If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. You acknowledge that you make this jury waiver knowingly, voluntarily, and willingly.
This arbitration provision is entered pursuant to the Federal Arbitration Act. The arbitration, and any appeal, shall be governed by the substantive law of the State of Texas and the applicable rules of the American Arbitration Association (“AAA”).
If, for any reason, the arbitration and/or appeal cannot be conducted before AAA or pursuant to AAA rules, and the parties cannot agree to an alternative arbitration service and/or rules, any court of competent jurisdiction in Dallas County, Texas, may appoint an arbitrator and/or select appropriate arbitration rules to govern the arbitration and/or appeal.
Each party shall pay an equal share of the arbitrator(s)’ fees and costs relating to the arbitration, subject to the arbitrator(s)’ authority to reallocate such fees and costs in his or her discretion. In any event, each party shall be responsible for payment of their own attorney’s fees and legal costs.
Either party may seek temporary injunctive relief in federal or state court in Dallas County, Texas, exclusively, at any time until the selection of the arbitrator(s) is completed. Once the selection of the arbitrator(s) is completed, the arbitrator(s) shall assume responsibility for any further action or rulings with respect to any such temporary injunction action. The parties’ consent to personal jurisdiction and venue in the federal and state courts of Dallas County, Texas, solely for the purpose of any such temporary injunction action.
We each agree that any dispute, whether arbitrated or brought in small claims court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Without limiting the generality of the preceding sentence, each party agrees to pursue its Claims on an individual basis and not to (1) join its Claims with any other person or entity’s Claims, (2) pursue any Claim as a representative of a class, as a private attorney general or in any representative capacity, or (3) participate in a class or collective action or mass action with respect to any claim. It is the express intent of the parties that the arbitrator, or, as applicable, small claims court, shall not have the power to award class or collective relief or to determine or order that the dispute should proceed as a class or collective action, whether in arbitration or in any other forum or venue. The parties understand and acknowledge that by entering this arbitration provision, they are waiving their rights to have a court or jury adjudicate their claims.
If any inconsistency arises between the terms of this arbitration provision and any other arbitration agreement applicable to the parties, the terms of this arbitration provision shall control.
The parties adopt and agree to implement the AAA Optional Appellate Arbitration Rules with respect to any award subject to this arbitration provision. Written notice of appeal shall be provided to the opposing party and the arbitration service and shall comply with the requirements of the AAA Optional Appellate Arbitration Rules or such other arbitration appellate rules to which the parties may agree or which a court may designate pursuant to the process described earlier in this arbitration provision.
19. You have two years, or the shortest applicable time under the relevant statute of limitations, whichever is shorter, to sue us if something goes wrong.
Any cause of action you may have with respect to your use of our Website, our Products, or our Services must be commenced within two (2) years after the claim or cause of action arises.
20. The Terms of Service are governed by Texas law.
The Terms of Service and the relationship between you and LaborIQ shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
21. If a court finds part of the Terms of Service invalid, it won’t invalidate the rest of the Terms of Service.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
22. Everything that you and LaborIQ have agreed on is contained in our Terms of Service (unless you have an Addendum).
The Terms of Service constitutes the entire agreement between LaborIQ and you with respect to our Services and our Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LaborIQ with respect to our Services and our Content, unless you have an Addendum or any agreement with us that specifically provides that it is not superseded by the Terms of Service.
Upon termination, those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect.
23. You can’t substitute anyone else in your place as a party to the Terms of Service without permission, but we can.
You may not assign the Terms of Service or delegate your obligations under the Terms of Service, or any part of the Terms of Service, without the express written consent of LaborIQ. You agree that LaborIQ may assign, transfer, or delegate any of its rights or obligations under the Terms of Service at any time and for any reason without prior notice or your consent.
24. By using our Services, you accept the Terms of Service. We will change them occasionally, so make sure you stay up to date.
Please read the Terms of Service before using our Services. You are legally bound by the Terms of Service each time you use our Services, even if the Terms of Service have been updated since you last read them.
Please do not use our Services if you disagree with any part of the Terms of Service, including, for example:
We may update the Terms of Service at any time. A version of the Terms of Service becomes effective when it is first posted on our Website or Product. When we make significant changes, we’ll update the date at the top of this page. Using our Services following the posting of a revised or updated Terms of Service means that you accept and agree to the changes, so please check this page to make sure you are up to date. The Terms of Service supersede anything we may have already discussed with you about our Services, except to the extent you have an Addendum with us (as explained in Section 1).
25. If you suspect someone is infringing your registered trademark, please let us know.
LaborIQ takes trademark rights seriously and will investigate reasonable issues that are brought to its attention. Please keep in mind, however, that sometimes more than one person can own the same or similar trademarks, depending on where and how they are used.
If you believe that a merchant is infringing your registered trademark, then you may send us a takedown request. Please contact us for more information on what information is needed in a takedown request.
26. Your feedback is welcome.
The more suggestions our users provide, the better the Services become. Any feedback, suggestions, testimonials, endorsements, information, or materials conveyed to LaborIQ by you or any representative of your organization in connection with the Services shall be collectively deemed “Feedback”. You agree to grant and hereby grant LaborIQ a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback without restriction. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it, nonetheless.
27. If you suspect someone is infringing your copyright, please let us know.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Website or Products infringe your copyright, you may request our removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice must include substantially the following:
Our designated copyright agent to receive these notices is:
By email at Privacy@LaborIQ.co or
By mail at:
LaborIQ
2626 Cole Avenue, Ste. 300
Dallas, Texas 75204
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on our Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA
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