Welcome to the WORKTERRA website (the "Company Website"). This document explains the terms and conditions for using the Company Website (the "Terms of Use"). By using the Company Website, you consent to these Terms of Use and any new version of such posted since your last visit.
These Terms of Use apply to any person or entity using and/or browsing the Company Website ("User"), including Company customers who are authorized to register to use the customer portal (the "Customer Portal").
PLEASE NOTE THAT COMPANY CUSTOMERS WHO ARE AUTHORIZED TO REGISTER TO USE THE CUSTOMER PORTAL ARE SUBJECT TO ADDITIONAL TERMS OF USE WHICH GOVERN THE USE THEREOF (THE "CUSTOMER PORTAL TERMS OF USE"). THE CUSTOMER PORTAL TERMS OF USE ARE AVAILABLE ON THE CUSTOMER PORTAL REGISTRATION AREA AND MUST BE ACCEPTED BEFORE ACCESS TO THE CUSTOMER PORTAL IS PERMITTED.
Copyright © 2006-2013 WORKTERRA and/or their affiliates or licensors. All rights reserved. The WORKTERRA word and design marks are trademarks and/or registered trademarks of WORKTERRA or one of its affiliates. All rights reserved. All other trademarks listed herein are the property of their respective owners
If you register to receive information or certain products through the Company Website, you are representing that you are at least 18 years old and that your registration information is truthful, accurate, updated and complete. A user name and password will be assigned by us. You are responsible for maintaining the secrecy of your password and for activities occurring on the basis thereof. Each User must register separately, although corporate entities may possess only one user name and password. Thus, only one registration is required for such corporate entities. You may not disclose your user name and password to non-authorized individuals within your organization or to outside third parties. You may not use another Users user name and password without their explicit authorization.
Company Proprietary Rights. The Company Website may contain information, data, software (including updates), images, video clips, music, links, logos and other material (collectively, the "Content") that are the copyright, trademark or other intellectual property of the Company, and/or its affiliates, subsidiaries, partners and/or third-party suppliers. The Content in the Company Website is copyrighted individually and as a collective work. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.
Linking to the Company Website.. If you operate a website, then you may not display the Content within a frame or border, or "deep link" or harvest Content located below the upper-most URL. You will not link to the Company Website or Content in a manner that suggests an endorsement or affiliation between the sites absent the written consent of the Company. You will remove any link to the Company Website that the Company finds objectionable promptly upon request.
Reservation of Rights. The Company reserves all rights not specifically granted to you. This means permission to use the Company Website and related intellectual property rights. Except as specifically authorized in these Terms of Use, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Company Website. To the fullest extent permitted by law, you may not decompile, disassemble or otherwise reverse engineer any products and/or software obtained through the Company Website.
Content, goods or services may be offered by affiliates, partners and/or third parties through the Company Website. These are offered as a convenience to you. The Company has no control over and does not endorse this content, goods or services. The Company is a distributor and not a re-publisher of third party content and is an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, GOODS OR SERVICES THAT YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
The Company may offer secure web pages to collect certain kinds of information from Users and it may store certain kinds of sensitive information in encrypted form. The Company follows reasonable technical and management practices to help protect the confidentiality, security and integrity of data it collects. While no computer system is completely secure, the measures implemented by the Company Website help to reduce the likelihood of security problems to a level appropriate to the type of data involved.
The privacy policy (the "Privacy Policy") for the Company Website is posted at the homepage. The terms of the Privacy Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these Terms of Use and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on the Company Website) may have privacy policies or practices that differ from the Privacy Policy. Please check third-party privacy disclosures for details.
Warranty Disclaimer. THE COMPANY WEBSITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH OR THROUGH THE COMPANY WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. IN NO EVENT IS THE COMPANY LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THESE TERMS OF USE, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THESE TERMS OF USE AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN THAT CASE THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification.You agree to defend, indemnify and hold harmless the Company and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Company Website, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these Terms of Use.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THESE TERMS OF USE PROTECT THE OWNER OF THE COMPANY WEBSITE, THE COMPANY, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
The Company is not responsible for any delay or failure in performance of the Company Website in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Use.
If you violate or exceed the scope of these Terms of Use or infringe any proprietary rights in connection therewith, then you agree the Company would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your infringing activity.
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and by certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Company Website that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of the Terms of Use.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and the Company Website is governed by the European Union Data Protection Directive or nationals laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Company Website.
There are no third-party beneficiaries of these Terms of Use. The parties are independent to one another and are not related by agency, franchise, partnership, employment, joint venture or otherwise. The Company and this Company Website are not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.
The Company may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Company Websites automated criteria or which is believed by the Company Websites personnel to be genuine. For any password protected areas, the Company may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Company may assume the latest email addresses and registration information on file with the Company Website are accurate and current. When programmed to do so, the Company Website may take prescribed actions in the absence of receiving proper and complete contrary instructions.
The Company reserves the right to modify, change or discontinue the Company Website or any feature at any time without notice. You agree that the Company is not liable to you or to any third party as a result of any such action. The Company invites Users to make suggestions for ways that the Company Website can be improved. If you make a suggestion, then you authorize the Company to use the idea and to publish your name in connection with the submission. The Company does not compensate for the use or publication of such submissions.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Pricing Information. The Company does not currently charge separate fees to use this Company Website. The Company reserves the right to change fees, surcharges or to institute new fees at any time, as provided in these Terms of Use.
Complaints. The Complaint Assistance Unit of the Division of Consumer Websites of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
This document reflects the entire and exclusive agreement between the parties concerning your use of the Company Website and supersedes all other agreements in relation thereto, whether written or verbal. Customers of the Company who use the Customer Portal are subject to the additional Customer Portal Terms of Use governing such use. The Company reserves the right to change these Terms of Use at any time by posting a new version on the Company Website. Your continued use of the Company Website after the effective date of such amendment will constitute your acceptance of such change. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the documents authenticity is genuinely placed in question. The Company reserves the right to assign these Terms of Use or delegate responsibility to any third party, including a party acquiring any of the operating assets or ownership interests of the Company.
All licenses or permissions granted to you by these Terms of Use are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void, absent the Companys written consent. Any provision of these Terms of Use found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Any waiver by the Company of a provision in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
