My Walmart Schedule - Terms of Use
The My Walmart Schedule application (“My Walmart Schedule” or “Application”) is a scheduling application service provided by Walmart, Inc. ("Walmart," "we," and/or "us") that lets Walmart associates (“you” or “Associate”) edit schedules, view time off requests, view demand metrics, view associates job and contact details. These Terms of Use (the "Agreement") explain the terms that apply to your use of My Walmart Schedule whether you simply view My Walmart Schedule or whether you participate in its interactive features. By using or accessing My Walmart Schedule, you accept this Agreement and agree to be bound by it. By using or accessing My Walmart Schedule you accept the interaction of My Walmart Schedule with other Walmart applications. We may change the terms of this Agreement from time to time. By continuing to use My Walmart Schedule after we post any such changes, you accept the Agreement, as modified. If you do not wish to be bound by the new Agreement, do not use the Application.
Section 6 also includes information regarding how to notify us about any copyright infringement.
This Agreement governs your use of the Application. We expect you to use the Application in a manner consistent with these particular policies and any other applicable Walmart policy, including the Associate Pay Policy and its prohibition for working off the clock. We also expect you to act in a manner consistent with Walmart's Basic Beliefs: Respect for the Individual, Service to our Customers, Striving for Excellence, and Acting with Integrity. The Application is designed and intended to present scheduling options for Walmart Associates. We encourage you to direct your individual complaints, concerns, ideas, and suggestions relating to your own work-place issues to a salaried member of management, by contacting the Global Ethics helpline, 1-800-WMETHIC (1-800-963-8442), or through utilizing the "Open Door" policy (PD-27).
1. Use of Application.
When you use the Application, you certify that: (a) factual information you submit is, to the best of your understanding, truthful and accurate; (b) you are not violating any applicable law, regulation or Walmart policy; and (c) any content or information you input or contribute to the Application (“Contribution”) complies with Walmart policy and all applicable laws. You are solely responsible for maintaining the confidentiality and security of your account, including username and password. You are responsible for all activities that occur in your account.
2. Grant of License to Walmart.
If you make any Contribution to the Application, you automatically grant, or warrant that the owner of such Contribution has expressly granted, Walmart a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Walmart may sublicense its rights through multiple tiers of sublicenses. Walmart is and shall be under no obligation to pay any compensation for any Contribution.
3. Intellectual Property Rights.
All of the content on the Application ("Materials"), the trademarks, service marks, and logos contained on the Application ("Marks") are owned by or licensed to Walmart and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Application are provided to you AS IS and AS AVAILABLE for your information and personal use only and may not be used for any commercial or non-work-related purposes whatsoever and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the prior written consent of the respective owners. Walmart reserves all rights not expressly granted in and to the Application and the Materials. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained in and on the Materials. You agree that you will not circumvent, disable, or interfere otherwise with security related features of the Application or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Application or the Materials on the Application. Your use of the Application does not grant you any rights to Materials or Marks except a limited, personal, revocable license to access and view Materials as available for personal, work-related purposes.
4. Walmart's Management of the Application.
Walmart may, but is not required to: (a) monitor or review usage of the Application for compliance with Walmart's policies; (b) take appropriate action against anyone who violates this Agreement or the policies and guidelines referenced in this Agreement, which action may include, without limitation, reporting anyone who violates this Agreement to law enforcement authorities in the event of potential criminal violations; (c) review Contributions for objectionable or offensive content as Walmart may determine in its sole discretion; (e) refuse, restrict, or disable access to any Contribution (to the extent technologically feasible); (f) remove any Associate's Contribution or any portion thereof that may violate the law, this Agreement, or any other Walmart policies; (g) remove or otherwise disable all files and content that are excessive in size or otherwise burdensome to Walmart's systems; (h) terminate the accounts of users; (i) manage the Application in a manner designed to protect the rights and property of Walmart and others and to comply with law; and/or (j) facilitate the proper functioning of the Application.
5. Term.
This Agreement shall continue in effect while you are a Walmart Associate or are otherwise authorized to use the Application. However, Walmart reserves the right to deny access to, and use of, the Application to any Associate for any lawful reason, including for violations of this Agreement or for conduct inconsistent with Walmart's policies or codes of conduct. Even after your access rights and use have terminated, the following sections will remain in effect: 2 (Grant of License to Walmart), 3 (Intellectual Property Rights), 5 (Term), 8 (Disputes Between Associates), 9 (Arbitration of Disputes with Walmart), 10 (Warranty Disclaimers), 11 (Limitation on Liability), 12 (Indemnity), and 13 (Miscellaneous).
6. Copyright Policy.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Application in a way that constitutes copyright infringement, please see our DMCA Procedure for instructions on how to contact us to report possible copyright infringement.
7. Arbitration of Disputes with Walmart.
7.1 Arbitration of All Disputes.
You and Walmart agree that – unless otherwise provided for by law -- any controversy or claim, arising out of or relating to this Agreement or its breach, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the state where you reside, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either you or Walmart from applying to a court of competent jurisdiction for equitable or injunctive relief.
8. Warranty Disclaimers.
The Application, operation of the Application code, the Application contents (including, but not limited to, linked site contents, products, or services offered by a third party and Communications), as well as the operation of, and effects of and access to, this Application and linked sites are provided "AS IS" and “AS AVAILABLE”. Walmart does not represent or imply that it endorses any user contributions, messages or communications available on the Application or any content or communications linked to by the Application. Walmart, its predecessors, owners, directors, officers, personnel, licensors, suppliers, agents, and contractors specifically disclaim any and all statutory, express, or implied warranties including, but not limited to, warranties of: (a) suitability for any particular purpose; (b) merchantability; (c) completeness; (d) accuracy; (e) non-infringement; (f) injury to personal or proprietary rights; and (g) freedom from technical errors or unauthorized, injurious intrusions or items such as hacking, viruses, and other harmful components.
Please note that some state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
9. Limitation on Liability.
Unless otherwise provided by law, Walmart shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages, arising from your use of the Application, even if Walmart has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Agreement, Walmart's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be capped at and limited to $100.
10. Indemnity.
You agree to indemnify and hold Walmart, its subsidiaries, affiliates, and licensors and their respective officers, agents, partners, directors, shareholders, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other person due to, or arising out of, your Contributions, messages or other communications, your use of the Application in violation of this Agreement, or any other breach of this Agreement.
11. Miscellaneous.
11.1 Entire Agreement.
This Agreement constitutes the entire agreement between you and Walmart regarding the use of the Application.
11.2 Non-Waiver.
The failure of Walmart to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
11.3 Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
11.4 Assignment.
You may not assign your rights under this Agreement to any third party; Walmart may assign its rights under this Agreement without condition.
11.5 Severability.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
11.6 No Third Party Beneficiaries.
This Agreement is between you and us. There are no third party beneficiaries to the Agreement.
This Agreement is effective as of, and was last updated, July, 2017.
