NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THIS WEBSITE AND SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON USE, TRANSFERABILITY, AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE AND SOFTWARE. IF YOU ACQUIRED ACCESS TO THE WEBSITE OR SOFTWARE WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT DO NOT USE THIS WEBSITE OR SOFTWARE.
MIMA Technologies, LLC, a California limited liability company, dba What Time Do I Work (“WTDIW”) owns all intellectual property contained in the Website and Software. WTDIW permits you to use the Website and Software only in accordance with the terms of this Agreement.
1. Definitions: “Website and Software” means (a) all of the contents of the www.whattimedoiwork.com and www.wtdiw.com Websites, and all associated links, Software, and other programming contained therein, or other media with which this Agreement is provided, including but not limited to (i) WTDIW or third party computer information or Website and Software; (ii) digital images, clip art, stock photographs or other artistic works (“Stock Files”); (iii) related explanatory written materials or files (“Documentation”); and (iv) fonts; and (b) upgrades, modified versions, updates, additions and copies of the Website and Software, if any, licensed to you by WTDIW (collectively “Updates”). “Use”, “Used”, or “Using” means to access, use, install, download, copy or otherwise benefit from using the functionality of the Website and Software in accordance with the Documentation.
2. Website and Software License. As long as you comply with the terms of this Website and Software License Agreement (this “Agreement”), WTDIW grants you a non-exclusive license to Use the Website and Software for the purposes described in the Documentation, as further set forth below.
3. Intellectual Property Ownership, Copyright Protection. The Website and Software are the intellectual property of and are owned by WTDIW. The structure, organization and code of the Website and Software are the valuable trade secrets and confidential information of WTDIW. The Website and Software are protected by law, including, without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Website and Software and all rights not expressly granted are reserved by WTDIW.
4.1 No Copies. You shall not in any way copy the Website and Software or any aspects or elements thereof.
4.2 No Modifications. You shall not modify, adapt or translate the Website and Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or Software.
4.3 No Transfer. You may not sell, sublicense, assign or transfer your rights in the Website or Software, or authorize all or any portion of the Website and Software to be copied except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Website and Software to another person or legal entity provided that: (a) you also transfer this Agreement; and (b) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Website and Software.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL WTDIW BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A WTDIW REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AGREE AND ACKNOWLEDGE THAT WTDIW’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR BY YOU FOR THE WEBSITE AND SOFTWARE, IF ANY. Nothing contained in this Agreement limits WTDIW’s liability to you in the event of death or personal injury resulting from WTDIW’s negligence or for the tort of deceit (fraud).
6. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws in force in the State of California. The representative courts of Los Angeles County, California shall have exclusive jurisdiction over all disputes related to this Agreement.
7. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of WTDIW. Nothing contained in the Website or Software is intended as a substitute for professional legal, tax or financial advise, and by clicking on the “Accept” button below you agree that no legal, tax or financial advise, either express or implied, has been offered or provided to you by WTDIW. This Agreement, along with your Subscription Agreement, constitutes the entire agreement between WTDIW and you relating to the Website and Software and both agreements supersede any prior representations, discussions undertakings, communication or advertising relating to the Website and Software.
If you have any questions regarding this Agreement or if you wish to request any information from WTDIW, please use the address and contact information contained on the Website to contact WTDIW.