Terms and Conditions of Use
This Internet Web Site (the "Site") is operated by RSW, LLC. ("ReadySetWork"). ReadySetWork maintains the Site and provides access to the Site to authorized users (referred to as “you” or “your”) subject to the following terms and conditions ("Terms and Conditions"). ReadySetWork reserves the right to modify these Terms and Conditions of Use without prior notice, and such modifications will always be available for review on this Site. You are responsible for reviewing these Terms and Conditions of Use periodically to check for any changes or additional terms as may pertain to particular pages or features within the Site. YOUR USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.
Description of Services
ReadySetWork currently provides users with paid access to on-line resources, including various online scheduling tools and features. In addition, from time to time, ReadySetWork may provide users with a free trial period or with limited free access and use of certain on-line features of the Site. Unless explicitly stated otherwise, any new features that augments or enhances the current service, including the release of new ReadySetWork properties, shall be subject to these Terms and Conditions. In order to use the Service, you must obtain access to the World Wide Web, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other device that provides access to the Internet.
Utilization of ReadySetWork’s ability to provide communication alerts, notifications and messages to and/or from a user’s handheld device requires that the user have and maintain a cellular or other data service plan that provides text messaging capabilities. Users must be advised that their plan’s particular messaging and data charges will apply, as will any text volume limits associated with their plan. If desired, users can update their preferences to discontinue text messaging and switch to e-mail messaging.
In case of questions please contact customer service at 18775073706 or email support at support@ReadySetWork.com
Your Use of the Site
Your access to the Site and the information and data contained therein shall be solely for your personal and internal business use only. In no event may you download (other than page caching) or modify the Site or any portion of it. You are solely responsible for the photos, messages, notes, text, information and other content that you upload, publish or display on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that ReadySetWork may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of ReadySetWork violates these Terms and Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. When you post User Content to the Site, you authorize and direct ReadySetWork to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
You further agree that you will not use the Site for any unlawful purpose or in violation of any law or contract. You may not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder. ReadySetWork reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Member Account, Password And Security
You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ReadySetWork of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ReadySetWork is not liable for any loss or damage of any kind arising from your failure to comply with this Section; however you are responsible for any damages or loss resulting from your failure to adhere to these Terms and Conditions of Use or for any direct or consequential loss resulting from someone else using your account or password. You may not use or access anyone else’s account without their permission.
General Practices Regarding Use And Storage
You acknowledge that ReadySetWork may establish general practices and limits concerning use of the Site, which practices and limits may apply to all users and Site functions or to a limited set of Site functions or to free trial or other unpaid access and use of the Site, including without limitation the maximum number of days that messages, schedules or other uploaded content will be retained by the Site, the maximum number of messages that may be sent from or received by an account on the Site, the maximum size of any message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on ReadySetWork's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time.
You agree that ReadySetWork has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
The ReadySetWork Site contains message or communication facilities designed to enable you to communicate with others in your place of employment (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a ReadySetWork Site or other user or usage information or any portion thereof.
- Hack, bypass or otherwise attempt to gain unauthorized access to the underlying images, files or software code on the pages comprising the Site or its host, or to gain unauthorized access to another person’s account.
ReadySetWork has no obligation to monitor the Communication Services. However, ReadySetWork reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. You authorize ReadySetWork to use any data or content you input into the Site to provide the services to which you have subscribed, without limitation or compensation except as provided herein and in the ReadySetWork Privacy Statement. ReadySetWork reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ReadySetWork reserves the right at all times to disclose any information as ReadySetWork deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ReadySetWork ‘s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ReadySetWork does not control or endorse the content, messages or information found in any Communication Service and, therefore, ReadySetWork specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ReadySetWork spokespersons, and their views do not necessarily reflect those of ReadySetWork. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
You acknowledge that ReadySetWork reserves the right to change these general practices and limits at any time, in its sole discretion.
Exclusive of any free trial or other offers, ReadySetWork is available to account holders pursuant to a per-month access and service fee. ReadySetWork reserves the right to adjust its fees or to add fees for new or premium features or for text messaging above a stated threshold volume. In the event of such pricing changes ReadySetWork will notify account holders through the Site. The general cost of the service is set forth on the “Pricing” tab of the Site, and each account holder will have a billing tab on its login page that is customized to that user’s choice of services and features. All account holders agree to pay the fees applicable to them in accordance with the payment option selected on their billing tab. You agree that all information you provide with respect to payment mechanisms through the Site will be accurate and complete. You agree to pay all charges incurred by you and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You are also responsible for paying all applicable federal, state or local sales, use or other taxes of any kind relating to purchasing or using current or future services on the Site. You further acknowledge and agree that payment is made in advance. At any time that you fail to make payment when due ReadySetWork reserves the right to suspend your access to the Site as well as your access to any User Content stored on the Site.
Maintenance of the Site
You agree and acknowledge that ReadySetWork may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. ReadySetWork may also, from time to time, establish general rules and policies regarding use of the Site. ReadySetWork will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. You are advised to maintain a hard copy print out of any schedules or User Content stored on the Site and to otherwise backup your scheduling information and other User Content in the event your access to the Site is suspended or discontinued or the Site is temporarily inaccessible.
ReadySetWork has not reviewed all of the Sites linked to the Site and is not responsible for the content of any third-party pages or any other Sites linked to the Site or to which the Site is linked. Nothing in the Site, including, without limitation, any links to other Sites, should be construed as an endorsement of any products, services or information of any other persons or companies by ReadySetWork. Your choice to link to or access any other off-Site pages or other Sites is at your own risk, and you agree to comply with all terms and conditions relating to such pages or Sites. ReadySetWork reserves the right not to link, or to remove the link, to a particular Site at any time. Any links to third party Sites are provided as a convenience to you and are not owned or operated by ReadySetWork. ReadySetWork has no control over these linked Sites, and makes no representations or warranties with respect to these linked Sites. Your viewing and use of any third party Sites is at your sole discretion and risk.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to hold harmless and indemnify ReadySetWork, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the Site, any violation of these Terms and Conditions of Use by you, or any other act or omission by you or similar act or omission committed by another under your password and account, including your violation of any rights of another, arising from use of the Site. As stated elsewhere, IT IS YOUR RESPONSIBILITY TO SECURE ACCESS TO YOUR PASSWORD AND ACCOUNT LOGIN INFORMATION. ReadySetWork will assume that any actions taken through your account are actions that you have taken or that you have authorized. If you have reason to believe that someone has accessed your account without your authorization, you must contact ReadySetWork immediately.
The Site and all material on the Site (the "Content") contained therein, including, without limitation, all data, text, graphics, and other works on the Site, the Site's design and coding, all computer programs used and licensed in connection with the Site and the look and feel of the Site are owned by ReadySetWork, its licensors or a third party. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the Site or otherwise as expressly authorized by ReadySetWork, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the Site or derivations thereof, without the prior written consent of ReadySetWork. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content therein. ReadySetWork grants you a personal, non-transferable, nonexclusive right to use the Site and the content displayed therein solely for your personal use, provided that you comply with these Terms and Conditions and any other rules regarding such use.
You further agree that ReadySetWork, the ReadySetWork logo, trademarks and service marks, and other ReadySetWork logos and product and service names (the "ReadySetWork Marks") are trademarks of ReadySetWork. Without ReadySetWork's prior permission, you agree not to display or use in any manner, the ReadySetWork Marks.
READYSETWORK IS PROVIDING THE SITE, ITS CONTENT, MATERIALS AND PRODUCTS ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. READYSETWORK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS, DATA ENTRY OR PERSONALIZATION SETTINGS. READYSETWORK DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. READYSETWORK DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT SOLELY RELY ON READYSETWORK FOR CALCULATION OF WAGES OR SALARIES AND THAT READYSETWORK SHALL HAVE NO LIABILITY FOR ANY ERRORS IN PAYMENTS OR WAGES BASED ON SUCH MISCALCULATIONS.
Limitation of Liability
READYSETWORK AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES AND LICENSORS, ARE NOT RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF READYSETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. READYSETWORK'S LIABILITY FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID FOR ACCESS TO THE SITE DURING THE IMMEDIATELY PRECEDING THREE MONTH PERIOD. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, READYSETWORK'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
Proper Law and Dispute Resolution
All rights and obligations relating to formation or performance of the agreement contained in these Terms and Conditions shall be governed by the laws of the Commonwealth of Pennsylvania, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such Commonwealth. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Pennsylvania, shall not apply. Any dispute, controversy or claim that might arise between you and ReadySetWork shall be determined by one disinterested arbitrator in binding arbitration administered by the American Arbitration Association in Chester County, Pennsylvania pursuant to its Commercial Arbitration Rules, the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Online Arbitration. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction. The prevailing party in such arbitration will be entitled to reimbursement for out-of-pocket costs, including reasonable attorney fees.
Any notice required for or permitted by these Terms and Conditions shall be in writing and shall be deemed delivered if delivered as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, (iii) by telecopy or facsimile transmission when confirmed by telecopier or facsimile transmission report, (iv) by certified or registered mail, return receipt requested, upon verification of receipt; or (v) by the same day, when delivered by email. All notices must be sent to:
1487 Dunwoody Drive
West Chester, Pennsylvania 19380
You agree that ReadySetWork, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any User Content within the Site, for any reason, including, without limitation, if ReadySetWork believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. ReadySetWork may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that ReadySetWork may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ReadySetWork shall not be liable to you or any third-party for any termination of your access to the Site.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions of Use. If any provision of these Terms and Conditions of Use are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect. Headings in these Terms and Conditions of Use are for convenience only and shall have no legal meaning or effect. No action arising under these Terms and Conditions of Use may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. These Terms and Conditions of Use, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. ReadySetWork's decision not to enforce a particular provision of these Terms and Conditions does not mean that ReadySetWork waives the right to enforce it. ReadySetWork shall waive such a right only in writing. The provisions of these Terms and Conditions of Use entitled “Indemnification,” “Intellectual Property,” “Disclaimers,” and “Proper Law and Dispute Resolution” shall survive the termination of this Agreement.
Copyright and Trademark Notices
All contents of the Site are: Copyright © 2010 RSW, LLC and/or its suppliers, 1487 Dunwoody Drive, Suite 200, West Chester, Pennsylvania 19380 U.S.A. All rights reserved.
This Agreement was last revised on January 27, 2011.