These Terms govern access to and use of the Dayforce (“Dayforce”, “we”, “our” or “us”) web and mobile Application and services (collectively, the “Application”) by users of the Application (collectively, “you” or “your”). We may revise these Terms from time to time in our sole discretion, including to reflect changes in applicable law. PLEASE REVIEW ON A REGULAR BASIS TO VIEW ANY REVISIONS. By continuing to use this Application, you agree to the Terms set forth herein, and any regulations set by your employer. These Terms are in addition to the service agreement entered into with your employer and Dayforce. It does not replace that agreement.
To access this Application, you must log in using your user ID and password. You are entirely responsible for maintaining the confidentiality of your user ID and password and any activities that occur under your user ID. You agree to immediately notify your employer of any unauthorized or suspected unauthorized use of your user ID or any other breach of security.
You agree that you will not use the Application or its supported web components for any purpose that violates any applicable provincial, local, state, federal or international law or other applicable regulations. Such prohibited activities include, but are not limited to:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Dayforce and its affiliates will not be liable for any damages suffered by you that result from or relate in any manner whatsoever to (i) accessing or using any Application, whether such access or use is authorized or unauthorized, (ii) attempting to access or use the Application, (iii) inability to access or use the Application, (iv) any breach of security associated with the transmission of information through the internet, (v) reliance on the Application even if Dayforce was advised of the possibility of such damages. This limitation of liability extends to and prohibits claims for direct damages as well as incidental, special, compensatory, indirect, punitive, or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data). YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS BEING DONE AT YOUR OWN DISCRETION AND RISK AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES IN CONNECTION WITH THE APPLICATION, INCLUDING LOSS OF DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ITS SUPPORTING SOFTWARE ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER. WE DO NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE APPLICATION AND ITS SUPPORTING SOFTWARE INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT THE APPLICATION AND ITS SUPPORTING SOFTWARE, AND ANY DATA OR OTHER CONTENT THAT YOU ENTER OR UPLOAD INTO THE APPLICATION, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DO WE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
You may be able to access your or our Confidential Information when using the Application. Confidential Information means (a) any written information, materials and other documents, which would not be generally disclosed publicly and (b) any other information designated as confidential or proprietary, or that due to the nature of the information a reasonable person would clearly understand it to be confidential information. Regarding our Confidential Information, you will: (a) use it only for its intended purpose; (b) not disclose it to others; and (c) safeguard it against unauthorized use and disclosure as diligently as your own similar information, applying at least a reasonable degree of care.
The Application is the property of Dayforce, or, as applicable, its licensors or a third-party. You may not modify, copy, distribute, transmit, display, publish, store, timeshare, sell, license, rent, create derivative works or otherwise use the Application in any unauthorized manner. Your use of the Application does not entitle you to make any unauthorized use of the Application. You agree that you do not acquire any ownership rights in the Application. Dayforce does not grant any licenses, express or implied, to its intellectual property or that of its licensors, except as expressly authorized by these Terms or in writing by Dayforce, including any terms and conditions between Dayforce and your employer.
You may not use trademarks, logos and service marks appearing on the Application for any purpose without the prior written consent of Dayforce or such other party as may own the mark, which Dayforce or such third party may withhold in its sole discretion. Dayforce is a registered trademark of Dayforce. All rights reserved. Names and logos of other companies' products mentioned in this Application/service are trademarks of their respective owners.
Net Promoter, NPS, and the NPS-related emoticons are registered U.S. trademarks, and Net Promoter Score and Net Promoter System are service marks, of Bain & Company, Inc., Satmetrix Systems, Inc. and Fred Reichheld.
Any provision of these Terms which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
These Terms are governed by and construed in accordance with the laws of the State of Minnesota and applicable federal laws without regard to conflicts of law principles. You agree that any and all proceedings relating to the Application and the subject matter contained herein will be maintained in the courts of the State of Minnesota or the Federal District Courts sitting in Minnesota, which courts will have exclusive jurisdiction for such purpose. Any claim or dispute related to the Application or under these Terms, and any legal notices on the Application, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arise), or be forever waived and barred.