Engage PEO, a Florida Limited liability company, and its subsidiaries, affiliates and related companies1., (“Engage”) is offering you access to services delivered through third parties and accessible via their websites. These vendors include, but are not limited to, ITCS WebClock, nettime, TIMECO, PrismHR Hiring, and PrismHR Performance (“Third Party Services”).
In order to access and utilize these Third Party Services, you agree to the following Terms of Use (“Terms of Use”) with Engage.
Billing
You agree that Engage shall bill you for access to Third Party Services separate and apart from any administrative fees that Engage charges you for its services to you. Charges for Third Party Services shall appear as a separate line item on your Engage payroll invoices and you shall pay without setoff for such Third Party Services upon receipt of such invoices. Engage retains the right to adjust any fees charged to you for Third Party Services on an annual basis without previous notification.
Disclaimer of Warranties
Third Party Services websites are provided to you by the specific third-party vendor, not Engage, and are provided “as is”. Engage, all subsidiary, affiliate, related, and parent companies, their current and former respective unitholders, non-Worksite Employees (“Worksite Employees” as defined in the Client Service Agreement between you and Engage), attorneys, officers, directors, agents and representatives, hereby disclaim all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Engage and all subsidiary, affiliate, related, and parent companies, their current and former respective unit holders, non-Worksite Employees, attorneys, officers, directors, agents and representatives make no warranty that the Third Party Services or third party websites provided to you will be error free or that access thereto will be continuous or uninterrupted. You understand and acknowledge that should you download from or otherwise obtain materials, content or services through the third-party websites, that you do so at your own discretion and risk.
Limitation of Liability
In no event shall Engage, all subsidiary, affiliate, related, and parent companies, their current and former respective unit-holders, Non-Worksite Employees, attorneys, officers, directors, agents and representatives be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the Third Party Services, third party websites, materials, content, services or accounts; (ii) your use or misuse of any of the Third Party Services, third party websites, materials, content services or accounts; (iii) nonperformance or a failure of any Third Party Services, caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond Engage's or its Third Party Services providers’ reasonable control. The foregoing shall apply even if Engage or its Third Party Services providers have been advised of the possibility of such damages. Engage also makes no representation or warranties that your access to and use of any Third Party Services, third party websites, materials, content, services and accounts under any Third Party Services (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage loss or hazard that may arise by virtue of your use of any Third Party Services, third party websites, materials, content, services and accounts. In no event shall Engage, all subsidiary, affiliate, related, and parent companies, their current and former respective unit-holders, Non-Worksite Employees, attorneys, officers, directors, agents and representatives be liable for injuries to persons or property arising from your use of any of the third party websites, materials, content, services or accounts or any equipment used in connection with the any of the third party websites, materials, content, services or accounts. If, notwithstanding, Engage should have any liability to you or any third party for any loss, harm or damage related to your use of Third Party Services, you and Engage agree that in no event shall liability of Engage to you for any reason exceed Engage's service charges for the Third Party Services during the affected period giving rise to such liability. You and Engage agree that this section of the Terms of Use, Limitation of Liability, is an agreed allocation or risk between you and Engage regarding your use of Third Party Services and acknowledge that absent your agreement to this Limitation of Liability, Engage would not provide you with access to Third Party Services, third party websites, materials, content, services or accounts.
1. Affiliates include the following Engage PEO companies: CEOHR, Genesis HR Solutions, Fusion Employer Services, ZampHR.