Online Software End User License Agreement

CROWN HILL TECNOLOGIES TERMS OF SERVICE FOR LABORZOOM ONLINE CERTIFIED PAYROLL SERVICES

Thank you for selecting the Services offered by Crown Hill Technologies, LLC (referred to as "Crown Hill", “LaborZoom”, "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Crown Hill. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

  1. General Terms

    1. AGREEMENT

      • This Agreement describes the terms governing your use of the Crown Hill online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference: Crown Hill's Privacy Statement provided to you in the Services available on the website or provided to you otherwise. Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

    2. YOUR RIGHTS TO USE THE SERVICES

      • The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Crown Hill. Crown Hill reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Crown Hill grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

        1. Provide access to or give any part of the Services to any third party.
        2. Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
        3. Make the Services available on any file-sharing or application hosting service.
    3. Payment

      • For Services offered on a payment or subscription basis, the following terms apply, unless Crown Hill notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

        • Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

        • You must pay with one of the following.

          1. A valid credit card acceptable to Crown Hill;
          2. A valid debit card acceptable to Crown Hill;
          3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
          4. or
          5. By another payment option Crown Hill provides to you in writing. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

            If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

            Crown Hill will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.

    4. USE WITH YOUR MOBILE DEVICE

      • Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

      • CROWN HILL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

        • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

          ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

    5. YOUR PERSONAL INFORMATION.

      • You can view Crown Hill’S Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Crown Hill Privacy Statement, and any changes published by Crown Hill. You agree that Crown Hill may use and maintain your data according to the Crown Hill Privacy Statement, as part of the Services. You give Crown Hill permission to combine identifiable and non-identifiable information you enter or upload for the Services with that of other users of the Services and/or other Crown Hill services. For example, this means that Crown Hill may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.

    6. CONTENT

      • You are responsible for your content.
      • You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Crown Hill a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Crown Hill is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

        1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
        2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
        3. Except as permitted by Crown Hill in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
        4. Virus, trojan horse, worm or other disruptive or harmful software or data; and
      • Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner. Community forums.

        Community forums.

        The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Crown Hill does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Crown Hill is not responsible.

        Crown Hill may freely use feedback you provide.

        You agree that Crown Hill may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Crown Hill a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Crown Hill in any way.

        Crown Hill may monitor your Content.

        Crown Hill may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Crown Hill or its customers, or operate the Services properly. Crown Hill, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

    7. ADDITIONAL TERMS

      • Crown Hill does not give professional advice.

        Unless specifically included with the Services, Crown Hill is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

        We may tell you about other Crown Hill services.

        You may be offered other services, products, or promotions by Crown Hill ("Crown Hill Services"). Additional terms and conditions and fees may apply. With some Crown Hill Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Crown Hill permission to use information about your business and experience to help us to provide the Crown Hill Services to you and to enhance the Services. You grant Crown Hill permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Crown Hill permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

        Communications.

        Crown Hill may be required by law to send you communications about the Services or Third Party Products. You agree that Crown Hill may send these communications to you via email or by posting them on our websites

        You will manage your passwords and accept updates.

        You are responsible for securely managing your password(s) for the Services and to contact Crown Hill if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

    8. DISCLAIMER OF WARRANTIES

      • YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CROWN HILL, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. CROWN HILL AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. CROWN HILL, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

    9. LIMITATION OF LIABILITY AND INDEMNITY.

      • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CROWN HILL, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CROWN HILL, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CROWN HILL SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CROWN HILL AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CROWN HILL, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

        You agree to indemnify and hold Crown Hill and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Crown Hill reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Crown Hill in the defense of any Claims.

    10. CHANGES.

      • We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

    11. TERMINATION.

      • Crown Hill may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Crown Hill’s rights to any payments due to it. Crown Hill may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

    12. EXPORT RESTRICTIONS.

      • You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

    13. OVERNING LAW.

      • California state law governs this Agreement without regard to its conflicts of laws provisions.

    14. DISPUTES

      • ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND CROWN HILL ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

    15. GENERAL.

      • This Agreement, including the Additional Terms below, is the entire agreement between you and Crown Hill and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Crown Hill. However, Crown Hill may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Crown Hill or (c) a successor by merger. Any assignment in violation of this Section shall be void.

  2. ADDITIONAL TERMS AND CONDITIONS FOR THE LABORZOOM ONLINE CERTIFIED PAYROLL SERVICES

    1. HELP AND SUPPORT

      • Crown Hill may use a variety of methods (e.g., in-product, Internet, e-mail, chat) to provide help and support. Your use of the Services provided by Crown Hill are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

      • The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Crown Hill from time to time.

    2. THIRD PARTY SERVICES

      • To facilitate Third Party Services, Crown Hill may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to Crown Hill. By accepting these agreements and consents you authorize Crown Hill to use and disclose your contact information, including name and address, for the purpose of making the Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services.

    3. USER ID AND PASSWORD SECURITY

      • You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Services under your user ID.

    4. PRIVACY OF PERSONAL AND PAYROLL INFORMATION

      • At Crown Hill we place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services and with entrusting your personal information to us. Our full LaborZoom Privacy Statement can be found on the LaborZoom website. To contact us with a question, visit our website. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or files.

    5. LIMITATION OF LIABILITY AND DAMAGES.

      • YOU UNDERSTAND THAT CROWN HILL WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS AND CONTRIBUTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED EMPLOYEES OR RESULTING IN PENALTIES, FEES, OR FINES.

        CROWN HILL SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT ITS PERFORMANCE IS DELAYED OR PREVENTED DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, NATURAL DISASTERS, TERRORIST ACTS, WAR OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.

    6. MISCELLANEOUS MATTERS.

      • You agree that Crown Hill is not acting as your agent or fiduciary in connection with your use of the Software or any Services.

        You can contact CROWN HILL TECHNOLOGIES, LLC by mail at LaborZoom, Crown Hill Technologies, PO Box 188382, Sacramento, CA 95818 if you have a question or concern about any product or service we sell over the Internet.