Effective October 15, 2019
You may at any time request a copy of this Agreement by emailing us at: Support@workwider.com
Modifications of this Agreement
- Website Access
2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Work Wider hereby grants you permission to use the Services only as set forth in this Agreement, and provided that: (i) you will not copy or distribute any part of the Services in any medium without Work Wider’s prior written authorization; (ii) you will not alter or modify any part of the Services other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Services, the proper operation of the services, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Services or the Content therein, or interfere with any activity being conducted on the Website; and (iv) you may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Services.
2.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to Work Wider’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the Services with respect to their “Profile Materials,” as that term is defined below. You agree that your Profile Materials both will not involve the transmission of “junk mail,” “chain letters,” “spamming,” or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. Work Wider reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Work Wider ‘s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
2.4 We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content or Profile Materials from the Services at any time, for any reason, in our sole discretion, and without notice.
- Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Work Wider, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Work Wider reserves all rights not expressly granted in and to the Website and the Content. For clarity, as between you and Work Wider, you retain ownership of the Profile Materials that you submit. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, third-party Profile Materials, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time. Work Wider may terminate your access to the Services or your membership at any time, for any reason, and without warning. Sections 2.3, 3, 6.2. through 6.6, and 8 through 15 shall survive termination of this Agreement for any reason.
Certain Services and features of the Website are made available in exchange for fees. Work Wider may charge fees for all or some of the Services in its sole discretion. If Work Wider terminates your registration or membership because of your breach of the Agreement, you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law.
- Profile Materials
6.1 The Services permit users to post their profile information and related content on the Website (“Profile Materials”). You understand that whether or not such Profile Materials are published, Work Wider does not guarantee any confidentiality with respect to any such materials.
6.2 You shall be solely responsible for your own Profile Materials and the consequences of posting or publishing them. You agree that Work Wider has no liability with respect to any Profile Materials, including, without limitation, your own submissions, and you hereby irrevocably release Work Wider and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to Profile Materials or any part thereof. In connection with your Profile Materials, you affirm, represent, and warrant that you can and will demonstrate to Work Wider’s full satisfaction upon its request that the posting of your Profile Materials on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. By submitting your Profile Materials to the Website, you give Work Wider all non-exclusive rights and licenses necessary to use and otherwise exploit such Profile Materials for any purpose in connection with the Services. These rights are irrevocable, but you remain the owner of the Profile Materials that you create. You also hereby do and shall grant each user of the Website a non-exclusive license to access your Profile Materials through the Website, and to use, modify, reproduce, and distribute such Profile Materials as permitted through the functionality of the Website and under this Agreement.
6.3 In connection with Profile Materials, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business (other than related to seeking or offering employment in keeping with the purpose of the Services); or (iv) impersonate another person. Work Wider does not endorse any Profile Materials or any opinion, recommendation, or advice expressed therein, and Work Wider expressly disclaims any and all responsibility or liability in connection with Profile Materials.
6.4 Work Wider reserves the right to decide whether Content or Profile Materials are inappropriate, or violate this Agreement, including without limitation, due to violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Work Wider also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and Profile Materials) by you, or to restrict, suspend or terminate your access to all or any part of the Services at any time, for any reason, without prior notice. Notwithstanding the foregoing, Work Wider assumes no responsibility for monitoring the Website, Content, or Profile Materials for inappropriate conduct, or modifying or removing such conduct, Content or Profile Materials from the Website.
6.5 It is Work Wider’s policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.
Website members can invite friends to join the service by sending invitation emails via the Website’s automated invitation system. The email addresses that members provide will be stored so that the respondents may be added to the contacts list of the member sending the invitations, and also to send reminders of the invitations or promotional offers. Work Wider does not sell these email addresses. Recipients of invitations may contact Work Wider to request the removal of their information from Work Wider’s database.
- Third-Party Content and Interactions
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and Work Wider isn’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection therewith. Work Wider cannot control and has no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release Work Wider from all liability for you having acquired or not acquired Content through the Services. Work Wider can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
No Content can or should be construed as professional advice of any kind (including business, employment, investment, accounting, tax, and/or legal advice). Work Wider makes no representation, warranty, or guarantee that any use of the Services will result in your employment or engagement as a consultant or that you will receive career development services of any kind.
Work Wider has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Work Wider will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold Work Wider harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Work Wider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between user of the Services, or between users and any third party, you acknowledge that Work Wider is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Work Wider, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services.
- WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, Work Wider, ITS SUPPLIERS AND LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, SERVICES AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER Work Wider NOR ITS SUPPLIERS NOR LICENSORS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, OR THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE or SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Work Wider DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND Work Wider WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY Work Wider FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. Work Wider MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless Work Wider, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Profile Materials caused damage to a third party.
By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to Work Wider that you are such minor’s legal guardian); and (iv) your use of the Website does not violate any applicable law or regulation. Your membership may be terminated without warning if Work Wider believes that you are under 18 years of age or that your legal guardian did not authorize your Website membership.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Work Wider, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Work Wider IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, Work Wider’S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Work Wider FOR SERVICES IN CONNECTION WITH THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT Work Wider SHALL NOT BE LIABLE FOR PROFILE MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without Work Wider’s prior written consent. Work Wider may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WORK WIDER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND WORK WIDER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
14.1 Any dispute arising out of or relating to the subject matter of this Agreement shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
14.2 The JAMS rules will govern payment of all arbitration fees. Work Wider will pay all arbitration fees for claims less than $75,000. Work Wider will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
14.3 YOU AND WORK WIDER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Work Wider are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Work Wider over whether to vacate or enforce an arbitration award, YOU AND WORK WIDER WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
14.4 ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, all claims and disputes will be resolved in a court as set forth in Section 14.6 below.
14.5 You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out by email at Support@workwider.com within 30 days of first accepting this Agreement. Your notice must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of this arbitration agreement.
14.6 If you send the opt-out notice above, and/or in any circumstances where the foregoing arbitration agreement permits either you or Work Wider to litigate any dispute arising out of or relating to the subject matter of this Agreement in court, then the foregoing arbitration agreement will not apply to either party and both you and Work Wider agree that any judicial proceeding will be brought in the state or federal courts located in San Francisco County, California.
This Agreement shall be governed by the laws of the State of California, without regard to conflict of laws provisions thereof. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Work Wider’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Work Wider AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.