Unless otherwise noted, all references to “you” or “your” in these Terms refer to all users of the Workforce Platform. These Terms govern your use of the Platform and its related services offered by Workforce. Workforce is a vendor of your employer and is not a party to the employment relationship between you and your employer.
When using particular services or features of the Platform, in addition to these Terms, additional policies or end user license agreements may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
TABLE OF CONTENTS
OWNERSHIP OF PLATFORM CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Platform, including, without limitation, graphics, layout, text, images, trademarks, logos, service marks, designs, information, data, advertising copy, past, present and future versions of the Platform, domain names, source and object code and the “look and feel” of the Platform („Platform Content„) are owned, controlled or licensed by Workforce, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
he Platform Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Workforce as is provided in these Terms. Any unauthorized use of the Platform Content is prohibited.
YOUR LICENSE TO USE PLATFORM CONTENT ON OUR PLATFORM
You may visit our Platform without further permission from Workforce, however access to and use of the Platform is subject to having an active Account (defined below) in good standing. Workforce grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and view the Platform Content. This license is subject to your full compliance with these Terms. When you view or use the Platform Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Platform Content; and (c) not copy or adapt any object code associated with the Platform or reverse engineer, modify or attempt to discover any source code associated with the Platform, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Platform Content (except as may be a result of standard search engine or Internet browser usage). Platform Content may be updated by Workforce from time to time and some updates may occur automatically on the device you use to access the Platform. Some Platform services may let you adjust your automatic update settings.
Except as expressly provided in these Terms, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Platform Content in any way, without the prior written permission of a duly authorized Workforce employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Platform. Any and all rights to use the Platform that are not expressly granted to you under these Terms are reserved for Workforce or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Workforce‘s rights to exploit fully any or all of the Platform Content. Unauthorized use of Platform Content may be a violation of federal and state laws and could result in civil and criminal liability.
REGISTRATION & ACCESS CONTROLS
Access to the Platform requires account registration or may otherwise ask or require you to provide employer-provided credentials such as a passcode to use Platform features. When you provide information to the Platform, you agree to provide only true, accurate, current and complete information. If you are an employer or administrator (“Employer”) creating a Workforce account for your business (an “Employer Account”), Workforce will create login credentials for you. If you are an employee (“Employee”), a Workforce Account may be assigned to you by your Employer (an “Employee Account”) and your Employer will provide certain information, such as your name, email, date of birth, cell number, and employee ID number, to Workforce to create your Account. This may consist of login credentials for you to login and access the Platform, or may be a passcode that allows the Platform to log information about you. Employers may determine the information collected from Employees, which may include time logging in and out to work, locations, Employee images, and similar work-related information. Employer Accounts and Employee Accounts may be collectively referred to as “Accounts.” For more information about the collection of Employee images, see the Biometric Data section of these Terms. If you are using an Employee Account, your Account may also be subject to additional terms, including any policies of your Employer, and your Employer will be able to determine your Platform access levels and may be able to access or disable your Account.
Your Employer may choose to use Platform features that utilize biometric analysis. By using the Platform, you consent to the collection, use, and disclosure of your biometric information as described in the Workforce Biometric Information Policy. incorporated into these Terms by reference.
INFORMATION AND CONTENT YOU SUBMIT
The Platform may provide you the opportunity to communicate and share content with other users through certain features, such as the ability to post to message boards and send messages within the Platform. You may choose, through such features or otherwise, to submit or post photographs, videos, audio recordings, or other content (collectively, “User Content”).
Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content, you represent and warrant to Workforce that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
Workforce does not control the User Content made available via the Platform and therefore does not guarantee the accuracy, integrity, quality or lawfulness of User Content. You also understand that, if you include personally identifiable information in your User Content, you do so at your own risk.
Rights You Grant to Us. Whenever you submit or otherwise make available User Content via a Platform feature or directly to Workforce (including through use of a help, support, feedback, or “Contact Us” feature) you: (1) grant to Workforce an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content – and your name, voice, likeness and other identifying information in connection with that User Content – via any medium now known or later developed, without any compensation to you, including to owners of other Accounts associated with your Employer’s Employer Account who may use the User Content for their own purposes; and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Workforce to publish your User Content such that it may be accessed by users of the Platform or the general public (depending on the nature of the User Content). Notwithstanding the license set forth in this section, the rights you grant to Workforce in your User Content may be subject to restrictions in the contract between Workforce and your Employer and under applicable law.
Right to Screen and Remove Content. We have no obligation to monitor the Platform or any User Content made available via the Platform. However, you acknowledge and agree that we have the right to monitor the Platform and User Content you submit and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part, before or after it appears on the Platform, subject to Workforce‘s sole discretion. Workforce reserves the right to suspend or terminate your access to the Platform at any time. Under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of any user’s User Content.
No Confidential Relationship/No Unsolicited Materials. User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content, to the fullest extent permitted by applicable law. You acknowledge and agree that your relationship with Workforce is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Workforce in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Workforce.
No Obligation to Use. You agree and understand that we may have no obligation to post, keep or use your User Content.
User Interactions. You are solely responsible for your interaction with other Workforce users, whether within the Platform or elsewhere. We are not responsible for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.
ACCEPTABLE USE POLICY
When you contribute, upload, or otherwise provide your User Content to the Platform, you agree to comply with the following requirements:
A. User Content must be your own. All User Content must be created by you and you must have all rights in the User Content OR all persons who contributed in any way or have any rights to your User Content, or otherwise appear in the User Content, must have given you permission to upload and distribute the User Content on the Platform and elsewhere. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
B. Only individuals for whom an Employer has created a Workforce Account (or passcode, as applicable) may appear in images or videos. If you upload photos, videos, or audio recordings to the Platform, make sure they are of Employees for whom a Workforce Account or passcode has been created.
C. No negative or abusive behavior. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical handicap or that are defamatory, indecent, obscene, pornographic or sexually explicit. If you think your User Content might offend someone, chances are it will – so it doesn‘t belong on the Platform.
D. No User Content that is violent, illegal or promotes inappropriate activity. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. If you do upload or post User Content that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate in our sole discretion, including, without limitation reporting you to law enforcement.
E. Represent yourself truthfully. Do not impersonate any other person, Workforce, or another company. Do not upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or Workforce or any other company.
F. Keep private information private. Do not post personal information that you do not want shared with Workforce or your Employer.
G. Do not damage the Platform or anyone‘s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Platform or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use a Platform for any purpose or in any manner that infringes the rights of any third party. Workforce encourages you to report any content on a Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the „DMCA„), Workforce has a designated agent for receiving notices of copyright infringement and Workforce follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Workforce’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on a Platform violates your rights other than copyrights, please provide Workforce with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Platform or other complaint regarding alleged violation of rights to Workforce’s copyright agent, who can be reached as follows:
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Workforce will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party‘s intellectual property rights.
THIRD-PARTY LINKS & CONTENT
There may be links from the Platform, or from communications you receive from Workforce, to third-party websites or online features. The Platform also may include third-party content that we do not control, maintain or endorse.
NEITHER WORKFORCE NOR ITS SERVICE PROVIDERS ARE RESPONSIBLE FOR THE PRACTICES OF ANY THIRD PARTY. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT WORKFORCE IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR INTERACTION WITH ANY THIRD PARTY.
Workforce grants you the revocable permission to link to the Platform; provided, however, that any link to the Platform: (a) must not frame or create a browser or border environment around any of the content on the Platform or otherwise mirror any part of the Platform; (b) must not imply that Workforce or the Platform is endorsing or sponsoring any third party or its products or services, unless Workforce has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Workforce’s sole opinion, harm Workforce or its products or services; (d) must not use any Workforce trademarks without the prior written permission from Workforce; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Workforce’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Platform, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Workforce reserves the right to prohibit linking to the Platform for any reason in our sole and absolute discretion.
The Platform may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor‘s requirements of you in connection with the applicable sweepstakes or promotion.
SPECIAL TERMS FOR APPLE iOS USERS
Notwithstanding any other provision within these Terms, the following additional terms are applicable to those using any Workforce Platform on an Apple iOS device: You understand that these Terms are between you and Workforce only and not Apple, Inc. (“Apple”) and that Workforce (or the third party develop that may own and operate the Platform) are responsible for the Platform and the content thereof, but that Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you. You understand that, should the Platform fail to conform to any applicable warranty not disclaimed above, you may notify Apple and Apple will refund the purchase price (if any), but that Apple has no maintenance, support, or (to the maximum extent permitted by applicable law) other warranty obligations to you with regard to the Platform. Apple is not responsible for any product liability claims or claims that the Platform or your use thereof fails to conform to any applicable legal or regulatory requirement or infringes a third party’s intellectual property rights. If you have any questions or concerns regarding the Platform, please contact Workforce as described below.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE PLATFORM CONTENT, AND ANY PRODUCTS SOLD BY WORKFORCE THROUGH THE PLATFORM, ARE PROVIDED ON AN „AS IS„, „AS AVAILABLE„ AND „WITH ALL FAULTS„ BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WORKFORCE AND ITS, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE „WORKFORCE PARTIES„) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM AND THE PLATFORM CONTENT; (B) SERVICES OFFERED BY WORKFORCE THROUGH THE PLATFORM; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WORKFORCE OR VIA THE PLATFORM. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WORKFORCE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
THE WORKFORCE PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WORKFORCE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND ALL PLATFORM FEATURES IS AT YOUR SOLE RISK.
THE WORKFORCE PARTIES DO NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE WORKFORCE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING A PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM.
LIMITATION OF LIABILITY; WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE WORKFORCE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO: (A) THE PLATFORM OR THE PLATFORM CONTENT AND THE AVAILABILITY OR UNAVAILABILITY THEREOF; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PLATFORM; (D) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE WORKFORCE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM; (E) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE PLATFORM‘S TECHNICAL OPERATION; OR (G) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER‘S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE WORKFORCE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IN NO EVENT WILL THE WORKFORCE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, TO WORKFORCE FOR (A) PRODUCT(S) ORDERED THROUGH THE PLATFORM OR TEN UNITED STATES DOLLARS ($10.00). THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE WORKFORCE PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE WORKFORCE PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY WORKFORCE PARTIES, OR FOR THE WORKFORCE PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF WORKFORCE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB PLATFORM, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WORKFORCE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB PLATFORM, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE WORKFORCE PARTIES.
BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
To the extent permitted by applicable law, Workforce reserves the right to terminate access to and use of the Platform in its sole discretion, without notice and liability, including, without limitation, if Workforce believes your conduct violates these Terms. Workforce also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any emails you send to the Platform or Workforce. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Platform, or upon demand from Workforce, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Platform.
Workforce also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Platform Content or discontinue and cease operation of any Platform in its entirety.
While an Employee is free to discontinue their use of the Platforms at any time, subject to any obligations the Employee may have to their Employer, requests to disable or terminate Employee Accounts will only be honored when made by the Employer.
LOCATION OF THE PLATFORM AND TERRITORIAL RESTRICTIONS
Workforce controls and operates the Platform from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Platform are appropriate for use or access in locations other than the United States and Canada. The information, products, and services provided on the Platform are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Workforce to any registration requirement within such jurisdiction or country. Anyone using or accessing the Platform from outside the United States or Canada does so on their own initiative and is responsible for compliance with United States‘ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Platform or any portion of the Platform, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Platform may be subject to United States or Canadian export controls. Thus, no software from the Platform may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Crimea, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; (b) to anyone on the U.S. Treasury Department‘s list of Specially Designated Nationals or the U.S. Commerce Department‘s Table of Deny Orders; or (c) to any country or individual in a manner prohibited under the export control laws of Canada. By accessing this Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data.
ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION (U.S. Residents Only)
BOTH YOU AND WORKFORCE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND WORKFORCE WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
You agree that these Terms and your use of our Platform and technology is governed by the laws of the State of Illinois, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes regarding your use of Platform and technology only through arbitration; provided, however, either party shall be entitled to seek injunctive or equitable relief in the state and federal courts in Cook County, Chicago and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator‘s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth elsewhere in this section, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of our Platform will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. („JAMS„) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a „Demand for Arbitration,„ then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Chicago, IL; New York City, NY; Los Angeles, CA; or Atlanta, GA (whichever is closest to your residence) or – where required by the JAMS rules – in or near your hometown. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Cook County, Illinois. Workforce agrees to pay the administrative and arbitrator‘s fees in order to conduct the arbitration (but specifically excluding any travel or other costs incurred by you to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of these Terms or the Platform, provided that nothing in these Terms will restrict a California resident’s right, if any, to pursue public injunctive relief as permitted by law and as otherwise in accordance with this section.
The failure of Workforce to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Workforce’s rights with respect to such breach or any subsequent breaches. No waiver by Workforce of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Workforce. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Workforce may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Workforce’s prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Workforce by virtue of Workforce having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Workforce. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, “Disclaimer of Warranties,” “Limitation of Liability; Waiver” and “Arbitration Agreement”).
OUR RIGHT TO UPDATE THESE TERMS
Unless otherwise required by law, Workforce reserves the right to modify or add to these Terms at any time without prior notice („Updated Terms„). You agree that we may notify you of the Updated Terms by posting them on the Platform so that they are accessible via a link on the homepage or otherwise, and that your use of a Platform after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Platform. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Platform from that point forward.