Website Terms of Use



Welcome!

Thanks for visiting our website (“Site”). By using our Site, you are agreeing to these Website Terms of Use (“Terms”). Please read them carefully. We may modify these Terms from time to time, for example, to reflect changes in law or changes to our Site. You should look at these Terms regularly. If you do not agree to the modified terms, you should discontinue your use of our Site. Except as may be expressly stated herein, nothing in these Terms is intended to confer rights on any third party.

If you become a customer by purchasing our products or services, additional terms and conditions will apply. Such terms and conditions will be made available when you enter into contracts with us for such products and services.

Using our Site

Subject to these terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use our Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Site, in the manner permitted by these Terms.

Do not attempt to reverse engineer any portion of our Site, or use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Site or any content on our Site. Do not access, retrieve or index any portion of our Site for purposes of constructing or populating a searchable database of business reviews, or reformat or frame any portion of our Site. Do not attempt to gain unauthorized access to our Site, user accounts, computer systems or networks connected to our Site through hacking, password mining or any other means, or record, process, or mine information about other users. Do not use our Site or any content on our Site to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. Do not use any device, software or routine that interferes with the proper working of our Site, or in any other manner attempt to interfere with the proper working of our Site, including taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of our Site. The restrictions above only apply to the extent permissible under applicable law, however, you agree not to act contrary to them (even if permissible under applicable law) without our prior written consent.

You understand that we own all content that we have created and made available on our Site, and that using our Site does not give you ownership of any intellectual property rights in our Site or the content you access on our Site. You may not copy, modify, create derivative works from, or otherwise use content from our Site, including any copyrights, trademarks, logos, service marks, trade names, or other intellectual property rights, unless you obtain written permission from us, or as otherwise permitted by law. Don’t remove, obscure, or alter any legal notices displayed in or along with our Site.

Our Site may display some content that has not been created by us. Such content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, that does not necessarily mean that we review content and we do not make any representations or warranties regarding any content on our Site that may have been supplied by third parties. Our Site may contain links that will let you access other websites that are not under our control. Such links are only provided as a convenience and we do not endorse any of these sites. We assume no responsibility or liability for any material that may accessed on other websites reached through our Site, nor do we make any representation or warranty regarding the quality of any product or service contained at any such site.

If, at any time, you provide us with your contact information, you agree to receive certain communications in connection with our Site. For example, you might receive e-mail newsletters and marketing communications. You can opt-out of non-essential communications by selecting the unsubscribe link within such communications.

Some software used in our Site may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly supercede some of these Terms.

If you submit feedback or suggestions about our Site, services, or products, we will be under no obligation to keep such information confidential, and we will have an unrestricted, irrevocable, world-wide, royalty-free right to use, host, store, communicate, reproduce, modify, publish, display, distribute, make derivative works from and otherwise exploit such information.

Your Content in our Site

If our Site allows you to upload, submit, store, send or receive content, you retain ownership of any intellectual property rights that you hold in that content. We reserve the right to remove, screen, edit, or reinstate any such content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of any such content, nor do we guarantee any confidentiality with respect to your access to our Site, unless expressly stated otherwise. You give us (and those we work with) an unrestricted, irrevocable, world-wide, royalty-free right to use, host, store, communicate, reproduce, modify, publish, display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Site, and to develop new sites. This license continues even if you stop using our Site.

Privacy

Our privacy policy explains how we treat your personal data and protect your privacy when you use our Site. By using our Site, you agree that we can use such data in accordance with our privacy policy. In addition to the terms of our privacy policy, you hereby agree that we may disclose information about you and your use of our Site to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply these Terms and our privacy policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

You acknowledge and agree that by providing us with any personal information you consent to the transmission of such personal information over international borders as necessary for processing in accordance with our standard business practices and our privacy policy. If you use our Site outside of the United States, you consent to having any personal information obtained through your use of our Site transferred to and processed in the United States.

Copyright Protection

It is our policy to respond to clear notices of alleged trademark infringement and copyright infringement that comply with applicable law, including but not limited to the U.S. Digital Millennium Copyright Act. If you are a trademark or copyright owner and you believe that any content hosted on our Site infringes your trademark or copyright, then you may submit a notification of such claim by providing us with the following information in writing:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
  2. a description of the copyrighted work or trademark that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on our Site, such as by providing us the URLs to the content;
  4. your address, telephone number, and email address;
  5. the federal trademark or copyright registration number, as applicable;
  6. a written statement by you that you have a good faith belief that the disputed use is not authorized by the trademark or copyright owner, its agent, or the law;
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark or copyright owner or authorized to act on the trademark or copyright owner’s behalf.

Notices of claims of copyright infringement should be made by email to generalcounsel@workwave.com.

Disclaimers and Limitations of Liability

YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR ANY THIRD-PARTY THAT MAY HAVE CONTRIBUTED TO OUR SITE MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT OUR SITE. FOR EXAMPLE, WE DON’T MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT WITHIN OUR SITE, THE SPECIFIC FUNCTIONS OF OUR SITE, OR THAT OUR SITE WILL BE AVAILABLE OR WILL MEET YOUR NEEDS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS OR INTERRUPTIONS IN THE USE OF OUR SITE. WE PROVIDE OUR SITE “AS IS”. WE ALSO DISCLAIM AND EXCLUDE ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU FURTHER UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY THIRD-PARTY THAT MAY HAVE CONTRIBUTED TO OUR SITE, WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, DIMINUTION IN VALUE, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR USE OF OUR SITE.

YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE RESULTING FROM OR ARISING OUT OF YOUR USE OF OUR SITE, MUST BE FILED WITHIN TWELVE MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED. YOU AGREE THAT OUR ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO $100.00.

Indemnification

You accept (or if you are using our Site on behalf of a business, that business accepts) these Terms, and hold harmless and indemnify us and our affiliates, officers, directors, employees, and our successors and assigns, from any claim, suit or action arising from or related to the use of our Site, violation of any rights of a third-party, any content you may submit, post, transmit, or make available through our Site, or any violation of law or these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments and litigation costs, including reasonable attorneys’ fees and expenses.

Additional Terms

Our Site is provided and available only to entities and persons over the age of legal majority who can form legally binding agreements under applicable law. By using our Site, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms; (b) you are 18 years of age or older; and (c) your access to and use of our Site is subject to all applicable international, federal, state and local laws and regulations and you agree not to use our Site in any way that violates such laws or regulations. Use of our Site is void where prohibited. You hereby warrant that if you are acting on behalf of a corporation or other legal entity, such entity is validly formed and existing under the laws of its jurisdiction and you have the requisite authority to enter into these Terms on behalf of such corporation or entity.

We regularly change and improve our Site. We may add or remove content, links, features or functionality at any time. Our Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

These Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you without our consent shall violate these Terms and be void.

Any failure on our part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

The laws of the State of Delaware, U.S.A., excluding Delaware’s conflicts of laws rules, will apply to any disputes arising out of or relating to these Terms or our Site. All claims arising out of or relating to these Terms or our Site will be litigated exclusively in the federal or state courts located in the City of New York, New York, USA, and you consent to personal jurisdiction in those courts.

This Site is provided by WorkWave LLC.



Last modified date: February 6, 2017

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