Terms and Conditions

Terms and Conditions of Using WorkforceSoftwareSolutions

You should read these Terms and Conditions carefully before using WorkforceSoftwareSolutions.com or the services of WorkforceSoftwareSolutions, LLC or its affiliates, partners or subsidiaries. These Terms and Conditions set forth the legally binding terms for your use of WorkforceSoftwareSolutions.com and the services of WorkforceSoftwareSolutions, LLC, its affiliates, partners and subsidiaries. These Terms and Conditions also set forth the legally binding Terms and Conditions for other sites owned or operated by WorkforceSoftwareSolutions, LLC. By using the services of WorkforceSoftwareSolutions, LLC, you agree to be bound by these Terms and Conditions. “Using the services,” as stated in the prior sentence, includes visiting, browsing, contributing content, information or other materials or reviewing the content on WorkforceSoftwareSolutions.com or any other site owned or operated by WorkforceSoftwareSolutions.com. Collectively these sites are referred to herein as the “Site.”

This is a Binding Agreement

WorkforceSoftwareSolutions, LLC’s Services (described below) are offered subject to acceptance of all of the Terms and Conditions contained herein, along with the Privacy Policy available at www.WorkforceSoftwareSolutions.com/privacy-policy. The Services (described below) are also subject to all other operating rules, policies, and procedures that may be published on the Site by WorkforceSoftwareSolutions, which are incorporated by reference and may be updated by WorkforceSoftwareSolutions without further notice.

Description of Services

WorkforceSoftwareSolutions is a crowdfunding platform that enables users to learn about, browse and fund companies looking to raise capital on WorkforceSoftwareSolutions.com. Users may come to the Site to explore content, participate in WorkforceSoftwareSolutions’s social network, and use WorkforceSoftwareSolutions to raise capital for their businesses (the “Services”). By accessing or using the Services in any manner, whether you are a company seeking to raise capital (“Issuer”), Investor or other visitor, you become a WorkforceSoftwareSolutions user (“User”).

Also, WorkforceSoftwareSolutions is a platform where Users may elect to create a profile for their company (“Company Profile”). In creating a Company Profile, the User becomes a “founder” for that company (“Founder(s)”) and may try to fund business or commercial related enterprises (“Companies”) by soliciting financial contributions from other users (“Investors”) to support their Companies and offer equity or promissory notes (“Offerings”) to such Investors in exchange for their contributions (these activities are hereinafter referred to as “Campaigns”). WorkforceSoftwareSolutions also provides a place for Users, Founders, Investors, service providers, and others to interact and share information. Through the Site, email, websites, and other media, WorkforceSoftwareSolutions makes certain content accessible to Users. Such content may include one or more of the following: videos, images, comments, artwork, graphics, audio clips, photographs, data, text, software, projects, scripts, other material and information, and associated trademarks and copyrightable works (collectively referred to as, “Content”). Users may have the ability to contribute or otherwise make accessible (“Submit”) Content to the Site. “User Submissions” means any Content Submitted by Users.

WorkforceSoftwareSolutions’s Services are available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. If you are a Founder with an entity or if you are an entity applying to conduct a Campaign using the Services, you represent and warrant that the Campaign is being conducted by a legal US entity, including but not limited to an LLC, a corporation, or an LLP. WorkforceSoftwareSolutions may, in its sole discretion, refuse to offer the Services to any person or entity and, WorkforceSoftwareSolutions, may, in its sole discretion, change its eligibility criteria at any time. The eligibility of certain types of Companies is outlined herein. This provision is void where prohibited by law and the right to access the Services are revoked in those jurisdictions.

Changes to these Terms and Conditions

WorkforceSoftwareSolutions reserves the right, at its sole discretion, to modify or replace these Terms and Conditions, or change, suspend, or discontinue its Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. WorkforceSoftwareSolutions may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms and Conditions Terms and Conditions periodically for changes. Your continued use of the Services following the posting of any changes to these Terms and Conditions Terms and Conditions constitutes acceptance of those changes.

Disclaimer of Warranty

The Site and the Content (including without limitation any information, documents, forms, resources, or referrals contained thereon or therein) are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE SITE OR THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Site or the Content will meet your requirements, and we explicitly advise you that all or part of the Content may be inapplicable to or inappropriate for your particular circumstances. Therefore, you should consult with an appropriate legal, accounting, or other professional prior to your use of or reliance on any of the Content. We are under no obligation to and do not undertake to update or verify the completeness or correctness of any Content.

User Conduct

As a condition of use of WorkforceSoftwareSolutions’s Services or Site, you promise not to use the Services for any purpose that is prohibited by the Terms and Conditions or law. The Services are provided only for your own personal use. You are responsible for all of your activity in connection with the Services. You shall not do any of the following, or allow another person to use your account to post, upload, or transmit any content that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
  • is pornographic or that exploits people (adults or children) in a sexual or violent manner; or contains nudity, excessive violence, or offensive subject matter or that contains a link to any of the foregoing types of content or to an adult website or in any way using the Site or the Services in connection with any adult entertainment or pornography business;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of WorkforceSoftwareSolutions or any third party; or
  • impersonates any person or entity, including any employee or representative of WorkforceSoftwareSolutions.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by WorkforceSoftwareSolutions in its sole discretion) an unreasonable or disproportionately large load on WorkforceSoftwareSolutions’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures WorkforceSoftwareSolutions may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

WorkforceSoftwareSolutions does not guarantee that any Content will be made available through the Site. WorkforceSoftwareSolutions is unable and has no obligation to monitor the Site or Content. WorkforceSoftwareSolutions reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or Company Profile; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (ii) remove or block any User or User Submission. WorkforceSoftwareSolutions reserves the right not to comment on the reasons for any of these adverse actions.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created or posted that Content. WorkforceSoftwareSolutions may not monitor or control the Content posted via the Site and, cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Site or obtained by you through the Site are at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will WorkforceSoftwareSolutions be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Site or broadcast elsewhere.

You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, relied on, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Registration

You may browse the Content on the Site without registering, but as a condition of using certain aspects of the Services, you may be required to register with WorkforceSoftwareSolutions and provide an email (“User Name”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your account. You shall not use as a User Name, any domain name, WorkforceSoftwareSolutions name, or any name or term that (i) is the name of another person or entity, with the intent to impersonate that person or entity; (ii) is subject to any rights of another person or entity, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. WorkforceSoftwareSolutions reserves the right in its sole discretion to refuse registration of or cancel a User. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User’s account without that User’s express permission. You will immediately notify WorkforceSoftwareSolutions in writing of any unauthorized use of your account.

WorkforceSoftwareSolutions Are Not Advisors, Lawyers or CPAs

While some of the Content on the Site may relate to legal, tax, investment, or accounting matters, neither we nor any of the professionals providing Content on the Site are providing professional advice to you, and you acknowledge that there is no professional relationship (including without limitation any attorney-client relationship) between you and any of the same, unless you and such party specifically agree otherwise. WorkforceSoftwareSolutions is not a licensed broker-dealer and does not offer investment advice. If we feature businesses and/or founders on our Site, we are not implying that we endorse them or that we are representing anything about the quality of any potential investment in such companies.

Platform

WorkforceSoftwareSolutions is a platform where Founders fund Companies by soliciting financial contributions from Investors to support their Companies and offer Offerings to such Investors. By funding or contributing to a fundraising campaign or creating a fundraising campaign, you agree to be bound by these Terms and Conditions, including:

  • Investors acknowledge and agree that making an Investment in a WorkforceSoftwareSolutions does not give them any rights in or to that WorkforceSoftwareSolutions, including without limitation any ownership, control, or distribution rights, and that the Founder is free to solicit other funding for WorkforceSoftwareSolutions, enter into contracts for WorkforceSoftwareSolutions, allocate rights in or to WorkforceSoftwareSolutions, and otherwise direct WorkforceSoftwareSolutions in its sole discretion.
  • Investors acknowledge and agree that other than the Offering, delivery of which is subject to limitations set forth herein, Investors shall not be entitled to receive anything in consideration for their Investment. Investors acknowledge that they should have no expectation of a return for their contribution. Investors acknowledge that this is not an offering for any type of security, including equity, debt or revenue sharing.
  • Investors have the ability to contribute multiple times. However each contribution shall be counted as an individual, unique contribution. Multiple contributions shall not be counted in the cumulative.
  • Investors agree to provide their payment information at the time they Offering to fund a WorkforceSoftwareSolutions. The payment will be collected at or after WorkforceSoftwareSolutions funding deadline and only if the amount of money Offering as of the deadline is at least equal to the fundraising goal. The amount Investors Offering is the amount they will be charged.
  • Investors consent to WorkforceSoftwareSolutions and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full Offering at any time between the Offering and collection of the funds.
  • Investors agree to have sufficient funds or credit available at the campaign deadline to ensure that the Offering will be collectible.
  • Offering For all campaigns, WorkforceSoftwareSolutions gives to the Founder each Contributor’s User Name and Offering amount. For successful campaigns, WorkforceSoftwareSolutions additionally gives to the Founder each Contributor’s name and email.
  • Founders acknowledge and accept that as part of building a robust business community, WorkforceSoftwareSolutions needs to ensure that it is the most appropriate crowdfunding solution for Users. For a variety of reasons, there are certain business segments that are difficult for WorkforceSoftwareSolutions to assess, and therefore, WorkforceSoftwareSolutions will not support on the Site. Therefore, companies related to or offering guns, firearms, tobacco, cigarettes, pyramid marketing, gambling, contests, raffles, or any illegal activities shall not be permitted on the Site. Additionally, WorkforceSoftwareSolutions only supports for-profit companies and campaigns that are for for-profit businesses. WorkforceSoftwareSolutions will not support campaigns for businesses that simultaneously are running crowdfunding campaigns on other crowdfunding platforms.
  • For some Offerings, the Founder may need further information from Investors, such as a mailing address and other information to enable the Founder to deliver the Offerings. The Founder shall request the information at some point after the fundraising campaign is successful. To receive the Offering, Investors agree to provide the requested information to the Founder.
  • WorkforceSoftwareSolutions does not offer refunds. A Founder is not required to grant an Investors’ request for a refund, unless required to do so by law or contract.
  • Founders are required to offer an Offering in connection with their fund raising campaign. All Offerings must be lawful under all applicable laws, including without limitation state and federal securities laws and otherwise comply with this Agreement.
  • Founders are required to fulfill all Offerings of their successful fundraising campaigns or refund any Investor whose Offering they do not or cannot accept.
  • Founders may cancel or refund an Investor’s Offering investment or their Campaign at any time and for any reason, and if they do so, are not required to fulfill the Offering.
  • Founders should not take any action in reliance on having the money Offered until they have the ability to withdraw and spend the money.
  • Founders acknowledge and agree that by submitting a WorkforceSoftwareSolutions Profile or Campaign on WorkforceSoftwareSolutions, that the Founder is representing and warranting that Founder or WorkforceSoftwareSolutions for which Founder is submitting the Campaign (“Campaign WorkforceSoftwareSolutions)” owns or licenses the rights to produce, sell or promote the products and services in which it engages. Founder and its affiliated Campaign WorkforceSoftwareSolutions agree to indemnify and hold harmless WorkforceSoftwareSolutions from any and all claims, threats, allegations, or suits related to a failure of a Campaign WorkforceSoftwareSolutions to have the rights to produce, create, distribute, sell or otherwise transact in its goods and services.
  • Because of occasional failures of payments from Investors, WorkforceSoftwareSolutions cannot guarantee the full receipt of the amount Offered minus WorkforceSoftwareSolutions’s fees.
  • WorkforceSoftwareSolutions and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending.
  • WorkforceSoftwareSolutions reserves the right to cancel an Offering at any time and for any reason.
  • WorkforceSoftwareSolutions reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. WorkforceSoftwareSolutions is not liable for any damages as a result of any of those actions. WorkforceSoftwareSolutions’s policy is not to comment on the reasons for any of those actions.

WorkforceSoftwareSolutions is not liable for any damages or loss incurred related to Offerings or any other use of the Services. All dealings are solely between Users and Founders. WorkforceSoftwareSolutions is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. WorkforceSoftwareSolutions does not oversee the performance or punctuality of projects. WorkforceSoftwareSolutions does not guarantee the completion of any project stated to be undertaken by any WorkforceSoftwareSolutions or warrant the outcome or success of any project or any WorkforceSoftwareSolutions. WorkforceSoftwareSolutions does not endorse any User Submissions.

Fees Joining WorkforceSoftwareSolutions is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Services.

Funds Offered by Investors are collected by an authorized payment system. WorkforceSoftwareSolutions is not responsible for the performance of such systems. Investors and Founders acknowledge and agree that prior to making a contribution they will be required to agree to certain policies of that system. Such polices are subject to change without notice.

Federal and State Securities Laws

Federal securities laws require securities offered or sold in the United States to be registered with the Securities and Exchange Commission, unless the offer and sale qualify for an exemption from registration. At this time, WorkforceSoftwareSolutions does not permit the offer or sale of securities through the Site. You acknowledge and agree that you are prohibited from offering, selling, purchasing or otherwise acquiring any securities on the Site.

Websites Not Under WorkforceSoftwareSolutions’s Control

The Services may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under WorkforceSoftwareSolutions’s control, and you acknowledge that WorkforceSoftwareSolutions is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with WorkforceSoftwareSolutions. You further acknowledge and agree that WorkforceSoftwareSolutions shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Content and Licenses

You agree that the Services contain Content provided by WorkforceSoftwareSolutions and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Services.

WorkforceSoftwareSolutions grants to each User of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content that the individual User creates on our Services, solely for personal use. Any other use, reproduction, modification, distribution, or storage of any Content is prohibited without prior written permission from WorkforceSoftwareSolutions or the Content owner. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

Intellectual Property of Others

By Submitting User Submissions on the Site or otherwise through the Services, you agree to the following terms:

  • You grant to WorkforceSoftwareSolutions WorkforceSoftwareSolutions the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to): (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, and distribute, your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Services, (b) WorkforceSoftwareSolutions’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services.
  • You are publishing your User Submission, and you may be identified publicly by your name or User Name in association with your User Submission.
  • You grant to each User a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, and display such User Submissions solely for personal, non-commercial use.
  • You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant WorkforceSoftwareSolutions all of the license rights granted herein.
  • You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Services or WorkforceSoftwareSolutions’s publishing or hosting of the User Submissions as contemplated by these Terms and Conditions.
  • You represent and warrant that the use or other exploitation of User Submissions by WorkforceSoftwareSolutions and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • WorkforceSoftwareSolutions shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
  • All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom that information originated.
  • WorkforceSoftwareSolutions will not be liable for any errors or omissions in any Content.
  • WorkforceSoftwareSolutions cannot guarantee the identity of any other Users with whom you may interact while using the Services.
  • All Content you access through the Services are at your own risk and you will be solely responsible for any resulting damage or loss to any party.

In accordance with the Digital Millennium Copyright Act (“DMCA”), WorkforceSoftwareSolutions has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. WorkforceSoftwareSolutions also may terminate User accounts even based on a single infringement.

Copyright Notifications

WorkforceSoftwareSolutions will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify WorkforceSoftwareSolutions’s Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for WorkforceSoftwareSolutions to locate the material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify WorkforceSoftwareSolutions’s Copyright Agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

  • a physical or electronic signature of the user of the Services;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification as described above or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Our designated copyright agent for notice of alleged copyright infringement is:

WorkforceSoftwareSolutions, LLC

Attn: Copyright

2970 Peachtree Road, NE

Atlanta, Georgia 30305

copyright@WorkforceSoftwareSolutions.com

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Termination

WorkforceSoftwareSolutions may terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to WorkforceSoftwareSolutions are non-refundable. All provisions of the Terms and Conditions that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer

WorkforceSoftwareSolutions has no special relationship with or fiduciary duty to you. You acknowledge that WorkforceSoftwareSolutions has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. WorkforceSoftwareSolutions cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and Companies. You release WorkforceSoftwareSolutions from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. WorkforceSoftwareSolutions makes no representations concerning any Content on the Site, and WorkforceSoftwareSolutions is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Services.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WorkforceSoftwareSolutions AND ITS AFFILIATES AND EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): WorkforceSoftwareSolutions MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. WorkforceSoftwareSolutions will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on WorkforceSoftwareSolutions’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.

Indemnification

You shall defend, indemnify, and hold harmless WorkforceSoftwareSolutions, its affiliates, and each of its and its affiliates’ directors, employees, managers, agents, contractors, partners and suppliers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services and Content, or otherwise from your User Submissions, violation of the Terms and Conditions, violation of any law, rule or regulation, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. WorkforceSoftwareSolutions reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with WorkforceSoftwareSolutions in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL WorkforceSoftwareSolutions, ITS AFFILIATES, NOR EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law – Arbitration

All provisions shall be construed in accordance with and governed by the laws of the United States and the State of Georgia, without reference to their rules regarding conflicts of law and regardless of your country of origin or the location where you access the Site. All disputes arising out of or related to the provisions herein and/or the use of the Site or the Content shall be resolved by final and binding arbitration before one neutral arbitrator in Atlanta, Georgia (“ADR”). By agreeing to this, you are waiving your right to have any dispute heard in a court. You consent to the personal jurisdiction of ADR in Fulton County, Georgia and you agree that ADR in Fulton County is the sole venue for any dispute. Any dispute shall be resolved under the then-applicable streamlined ADR rules and procedures. Arbitration costs and reasonable attorneys’ fees and costs of both parties shall be borne by the party that ultimately loses as determined by the arbitrator. An award by the arbitrator may be entered by any party in a court of competent jurisdiction. IN AGREEING TO ARBITRATE, YOU ARE GIVING UP YOUR RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY.

Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from WorkforceSoftwareSolutions all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. WorkforceSoftwareSolutions may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

International Rules and Regulations

The Services are Controlled and operated from facilities in the United States. WorkforceSoftwareSolutions makes no representations that the Services are appropriate or available for use in other jurisdictions. Accessing the Services are prohibited from territories where the Content is illegal. If you access the Services from locations outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

Integration and Severability

These Terms and Conditions and other referenced material are the entire agreement between you and WorkforceSoftwareSolutions WorkforceSoftwareSolutions with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and WorkforceSoftwareSolutions with respect to the Services and govern the future relationship. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

WorkforceSoftwareSolutions shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond WorkforceSoftwareSolutions’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with WorkforceSoftwareSolutions’s prior written consent. WorkforceSoftwareSolutions may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Originally created: January 2017