Last updated: October 28, 2019
PLEASE REVIEW SECTION 12 OF THESE TERMS CAREFULLY, AS IT WILL, WITH LIMITED EXCEPTION, REQUIRE THE USER (AS DEFINED BELOW) TO SUBMIT CLAIMS AGAINST VEER TECHNOLOGIES TO BINDING AND FINAL ARBITRATION AND WAIVES USER’S RIGHTS TO BRING A CLASS ACTION AGAINST VEER TECHNOLOGIES.
These Terms apply to all persons who use or access Veer’s Parental Leave Solution, in their company’s capacity or in an individual capacity, including authorized users representing the company, its employees, or other persons using or accessing the Solution (collectively, “Users” and each, a “User”). If User is agreeing to these terms on behalf of a business or an individual, User represents and warrants that User has the authority to bind that business or other individual to these Terms and User’s agreement to these terms constitutes the agreement of the User and of such business or individual. The term “User,” as employed in this agreement, also refers to that business or individual. By accessing or using the Parental Leave Solution, you agree, effective as of the date of such action, to be bound by these Terms.
These Terms do not apply to third party sites or applications to which we provide access through our Solution. These sites or applications set their terms and privacy policies independent of us. We encourage you to review the terms and privacy policies of these sites and applications before you use them.
Individuals under 13 years of age are not authorized to use the Parental Leave Solution. Veer does not agree to offer the Parental Leave Solution to individuals under the age of 13.
User’s Registration Obligations: Veer’s Parental Leave Solution requires User to enter User’s work-related email address and corresponding password.
Registration Security: User is responsible for maintaining the confidentiality and security of User’s password and Account and is fully responsible for any and all activities that occur under User’s password or Account. User agrees to (a) immediately notify Veer of any suspected unauthorized use of User’s password or Account, and (b) exit User’s Account at the end of each session when accessing the Solution. With the exception of the Solution, User is responsible for obtaining, installing, maintaining, and operating all software, hardware or other equipment (collectively, “Systems”) necessary for User to access and use the Solution at User’s expense, as well as for the cost and availability of User’s Internet services and any wireless services User requires to access the Solution (the “Connections”).
Electronic Communications: By consenting to these Terms, User gives Veer permission to email User information about User’s leave policy, including, but not limited to, reminders of notifications or alerts of key activities and deliverables, and/or forms required by the employer, third party administrator, health care provider, doctor, short term disability provider, and any other related information. User agrees to keep User’s email address used for such communications up-to-date. User may change User’s communication preferences at any time in their account or by emailing us at email@example.com. By consenting to these Terms, User confirms that User can access electronic information and communications on the Parental Leave Solution or via email or mobile services and consents to receiving electronic information and communications.
Questions and/or Potential Conflicts with Employer Policies: If, after using Veer’s Parental Leave Solution, you have any questions about your leave or your employer’s leave related benefits or policies, you should contact your employer or, if appropriate, the corresponding third-party administrator.
While the Veer Parental Leave Solution provides an overview of specific leave scenarios, it is not intended to capture all scenarios. If there is any conflict between the information presented by Veer’s Parental Leave Solution and any of the provisions of an employer’s leave policies, the employer policies will prevail. An employer may have the right to make changes to any of their policies at any time, at its sole discretion.
Potential Conflicts with Local, State, Federal Regulations: While the Veer Parental Leave Solution provides an overview of specific leave scenarios, it is not intended to capture all scenarios. If there is any conflict between the information presented by Veer’s Parental Leave Solution and any of the local, state, or federal regulations, the regulations will prevail.
Modifications to Service: Veer reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Solution (or any part thereof) consistent with the terms negotiated with a given employer (as reflected in a corresponding Software as a Service Subscription Agreement). User agrees that Veer, its directors, officers, employees, affiliates, and assigns will not be liable to User or to any third party for any such modification, suspension, or discontinuance of the Service or any part thereof, whether temporary or permanent, or for any such loss of information or access to information resulting therefrom.
General Practices Regarding Use: User acknowledges that Veer may establish practices and limits concerning the use of the Parental Leave Solution, including (without limitation) the maximum time that data will be retained. User agrees that Veer, its directors, officers, employees, affiliates, and assigns have no responsibility or liability for the deletion or failure to store any data maintained by Veer, except to the extent required by applicable laws. Veer may terminate accounts that it deems to be inactive. User further acknowledges that Veer reserves the right to change these practices and limits at any time, in its sole discretion, with or without notice.
Prohibited Conduct: Veer reserves the right to investigate and take appropriate action, including legal action, against anyone who, in Veer’s sole discretion, violates these Conditions of Use. Veer may also suspend or terminate the accounts of violators and report Users to law enforcement authorities. User agrees to not use the Parental Leave Solution to:
Special Notice for International Use; Export Controls: Our Parental Leave Solution operates in the United States (U.S.) and is not targeted to individuals who reside in the European Economic Area (EEA) or other countries outside of the U.S.
Commercial Use: Unless otherwise expressly authorized in this agreement or in the Solution, User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, offer for sale, resell, exploit, transfer for any commercial purposes, any portion of the Solution, use of the Solution, or access to the Solution.
Software and Trademarks: The technology and software underlying the Solution are the property of Veer Technologies (the “Software”). User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not expressly granted in this agreement are reserved by Veer.
The Veer name and logos are trademarks and service marks of Veer Technologies (collectively the “Veer Trademarks”). Other company, product, and service names and logos used and displayed via the Solution may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Veer. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Veer Trademarks or third-party Trademarks displayed on the Parental Leave Solution, without our, or such third party’s as applicable, prior written permission in each instance. All goodwill generated from the use of Veer Trademarks will inure to Veer’s exclusive benefit.
Third Party Material: The Solution may include or incorporate third party material. These third parties are not under Veer’s control. Under no circumstances, to the fullest extent permitted by law, will Veer, its directors, officers, employees, affiliates, and assigns be liable in any way for any materials of any third parties, including, but not limited to, for any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third party material on or through the Solution. User agrees that User must evaluate, and bear all risks associated with the use of any third party material, including any reliance on the accuracy, completeness, or usefulness of such material.
The Solution may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Veer has no control over such sites and resources and Veer is not responsible for and does not endorse such sites and resources. User further acknowledges and agrees that Veer, its directors, officers, employees, affiliates, and assigns will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings User has with third parties found while using the Solution are between User and the third party, and User agrees that Veer, its directors, officers, employees, affiliates, and assigns are not liable for any loss or claim that User may have against any such third party.
To the fullest extent permitted by law, User is responsible for User’s use of the Solution. User releases and agrees to indemnify and hold Veer and its officers, directors, employees, consultants, subsidiaries, affiliates, assigns, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to: (a) User’s unauthorized use or misuse of the Solution; (b) User’s violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) User’s violation of any rights of a third party, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between User and any third party.
USER’S USE OF THE SOLUTION IS AT USER’S SOLE RISK. THE SOLUTION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SOLUTION AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SOLUTION, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
VEER MAKES NO WARRANTY THAT THE SOLUTION OR ANY PORTION OF THE SOLUTION, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SOLUTION (I) WILL MEET USER’S REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOLUTION WILL BE ACCURATE OR RELIABLE, OR (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE SOLUTION WILL MEET USER’S EXPECTATIONS, AND VEER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SOLUTION. USER UNDERSTANDS AND AGREES THAT USER USES ANY PORTION OF THE SOLUTION AT ITS OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO USER’S PROPERTY (INCLUDING USER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. VEER DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT VEER IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
VEER DOES NOT LIMIT OUR LIABILITY TO USERS WHERE IT WOULD BE ILLEGAL TO DO SO–THIS INCLUDES ANY LIABILITY FOR VEER’S FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SOLUTION. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER IF USER RESIDES IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN STATES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, VEER AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR CONTENT PROVIDERS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SOLUTION: (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR USER’S USE OR INABILITY TO USE OR RELIANCE ON THE SOLUTION OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SOLUTION; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SOLUTION.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), THE MAXIMUM LIABILITY OF VEER AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO USER FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED $100.00. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, VEER IS RESPONSIBLE TO USER ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU.
The Terms will be interpreted and construed in accordance with the laws of the State of California except for its conflict of laws principles.
Pre-suit Procedure. At Veer, we do our best to solve problems before they escalate. Before filing a claim against Veer, User agrees to try and resolve the dispute by contacting firstname.lastname@example.org. If a dispute is not resolved within 30 days of such a written submission, User or Veer may bring a formal proceeding.
With respect to any disputes or claims not subject to arbitration, as set forth below, User and Veer agree to submit to the personal and exclusive jurisdiction of the state courts located within San Francisco County, California and federal courts located within San Francisco, California.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT PROVISIONS CAREFULLY.
Arbitration Agreement. These arbitration provisions are referred to in these Terms as the “Arbitration Agreement ”. User and Veer agree to resolve any claims relating to these Terms through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Arbitration Agreement below. This includes disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including its enforceability, revocability, or validity.
Opt-out of Arbitration Agreement. User can decline this Arbitration Agreement by providing Veer with written notice of User’s desire to do so by email or regular mail at email@example.com or Veer Technologies, ATTN: Legal, 35 Ranch Road, Woodside, CA 94062 within 30 days of first logging into User’s account. However, if User declined arbitration in a previous version of these Terms, such User’s election to opt out of arbitration remains binding until the User notifies us by email or regular mail that user agrees to this Arbitration Agreement. If User opts out of this Arbitration Agreement, it will only impact the applicability of this section 12, and will not modify other provisions of these Terms or any other agreements you may have entered into with Veer.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where User lives or works, San Francisco (CA), or any other location we agree to.
Cost of Arbitration. The AAA rules will govern payment of all arbitration fees, unless otherwise provided in this Arbitration Agreement. Veer will pay all arbitration fees for individual arbitration for claims less than $75,000. If User receives an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $5,000 in addition to the award. Veer will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that User’s claim is frivolous.
Exceptions to Arbitration Agreement. User or Veer may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where User lives or works. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Solution, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the pre-suit procedure described above.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. USER AND VEER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH USER AND VEER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
If User violates any provision of these Terms, User’s authorization to access the Solution and these Terms automatically terminate. In addition, User agrees that Veer, in its sole discretion and subject to applicable law, may suspend or terminate User’s account (or any part thereof) or use of the Solution, for any reason or no reason, including, without limitation, for lack of use or if Veer believes that User has violated or acted inconsistently with the letter or spirit of these Terms, with or without notice. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of User’s use of the Solution, may be referred to appropriate law enforcement authorities. Veer may also in its sole discretion and at any time discontinue providing the Solution, or any part thereof, with or without notice. User agrees that any termination of User’s access to the Solution under any provision of these Terms may be effected without prior notice, and acknowledges and agree that Veer may immediately deactivate or delete User’s account and all related information and/or bar any further access to such files or the Solution. Further, User agrees that Veer will not be liable to User or any third party for any termination of User’s access to the Solution.
User may terminate User’s account at any time by contacting Veer at firstname.lastname@example.org. Upon termination (a) User’s license rights will terminate and User must immediately cease all use of the Solution; (b) User will no longer be authorized to access User’s account or the Solution; and (c) all obligations accrued prior to termination and Sections 4, 6, 8, 9, 10, 11, 12, 13, and 15 will survive.
Veer may modify these Terms on a going-forward basis at any time, in Veer’s sole discretion. If an update to these Terms affects User’s use of the Solution or User’s legal rights as a User, Veer will let User know by posting the modified Terms on the Parental Leave Solution or through other communications. It is important that User reviews the Terms whenever Veer modifies them because if User continues to use the Solution after Veer has notified User of the modification and the modified Terms have been posted on the Parental Leave Solution, User is indicating that User agrees to be bound by the modified Terms. If User does not agree to be bound by the modified Terms, then User may not continue to use the Parental Leave Solution.
These Terms constitute the entire agreement between User and Veer and govern User’s use of the Solution, superseding any prior agreements between User and Veer with respect to the Solution. The failure of Veer to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or a waiver of any subsequent breach or default such provision. If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Veer. Any attempt to assign or transfer the Terms, without such consent, will be null. Veer may assign or transfer these Terms, in whole or in part, without restriction and without notice or consent. The provisions of these Terms will inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect. Throughout these Terms the use of the word “including” means “including but not limited to”. Any notices or other communications provided by Veer in relation to these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent by Veer. For notices made by posting to the Site, the date of such posting will be deemed the date that notice is posted on the Site.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: You may contact us to resolve a complaint regarding the service or to receive further information regarding use of the service at Veer Technologies, 35 Ranch Road, Woodside, CA 94062 or by emailing at email@example.com. If you choose, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210. Information about the Department’s consumer complaint process can be found on its website.
Please contact us at firstname.lastname@example.org to report any violations of these Terms or to pose any questions regarding these Terms.