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Wrkmash Terms of Service
Wrkmash's privacy and security policies may be viewed at www.wrkmash.com/privacy. Wrkmash reserves the right to modify its privacy and security policies within reasonable discretion as the need arises. As the Wrkmash Application Platform (referred to as “Platform” in this document) is a hosted, internet based online application, Wrkmash may need to distribute important notices or announcements regarding the operation of the Platform. If you register to use the Platform, you agree that Wrkmash can disclose the fact that you are registered Wrkmash customer and the edition of the Platform that you are using.
Wrkmash hereby extends to you a non-exclusive, non-transferable, worldwide right to use the Platform, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Wrkmash and its licensors.
If you are a direct competitor of Wrkmash or employed or contracted by a direct competitor, you may not register to and access the Platform, except with Wrkmash's prior written consent. In addition, you may not access the Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the Content in any way. You shall also not create Internet "links" to the Platform or "frame" or "mirror" any Content on any other server or wireless or Internet-based device. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Platform.
You may use the Platform only for your internal business purposes and shall not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or Platform infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or that violate third party privacy rights; send or Platform material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Platform or the data contained therein; or attempt to gain unauthorized access to the Platform or its related systems or networks.
The Wrkmash name, the Wrkmash logo, and the product names associated with the Platform are trademarks exclusively belong to Wrkmash, and no right or license is granted to use them.
You are responsible for all activity occurring under your Platform user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Platform, including those related to data privacy, international communications and the transmission of technical or personal data. You shall advise Wrkmash immediately of any unauthorized use of any password or account or any other known or suspected breach of security and report to Wrkmash immediately and use reasonable efforts to immediately stop any duplication or distribution of Platform content that is known or suspected by you or your users. You will also not falsely identify yourself to gain access to or use the Platform.
Wrkmash does not own any of the data, information or material ("Platform Owner Data") that you submit to the Platform in the course of using the Platform. You, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, ownership or right to use of all Platform Owner Data, and Wrkmash shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to any Platform Owner Data. For paid subscription agreements, in the event such agreements are terminated (other than by reason of your breach), Wrkmash will make available to you a file of the Platform Owner Data within 30 days of termination if you so request at the time of termination. Wrkmash reserves the right to withhold, remove and/or discard Platform Owner Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Platform Owner Data immediately ceases, and Wrkmash shall have no obligation to maintain or forward any Platform Owner Data. For free subscriptions, you are responsible for regularly printing and, downloading and/or exporting data to your own data storage (as and when the feature is available).
You acknowledge that Wrkmash alone (and its licensors, where applicable) shall own all rights, title and interest, including without limitation all related Intellectual Property Rights, in and to the Platform, the Wrkmash website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform. Accordingly, you agree that you shall not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any automated or manual process to monitor or copy any content from the Platform. In particular, you shall not reverse engineer or access the Platform in order to build a competitive product or service or to build a product using ideas, features, functions or graphics of the Platform. The Wrkmash Intellectual Property Rights include rights to Platform (service) developed and provided by Wrkmash. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform, the Wrkmash website or the Intellectual Property Rights owned by Wrkmash.
During use of the Platform, you may enter into correspondence with, purchase and sell goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Platform. Any such, activity and any terms, conditions, warranties or representations associated with such, shall be solely between you and the applicable third-party. Wrkmash and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Wrkmash does not endorse any sites on the Internet that are linked through the Platform. Wrkmash provides these links to you only as a matter of convenience, and in no event shall Wrkmash or its licensors be responsible for any content, products, or other materials on or available from such sites. Wrkmash provides the Platform to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
You shall pay all subscription fees and charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of Platforms requested times the Platform subscription license fees currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon in writing. All subscriptions obligations and payments are non cancelable and nonrefundable. You are responsible for paying for the full Platform subscription fee due, whether or not the Platform subscription is actively used. You must provide Wrkmash with valid credit card or approved purchase order information as a condition to signing up for the Platform. All pricing terms are confidential, and you agree not to disclose them to any third party.
Wrkmash does not charge a monthly fee for the use of its Platform.
Wrkmash reserves the right to suspend or terminate this Agreement and your access to the Platform if your account becomes inactive for longer than 90 days. If you or Wrkmash initiates termination of this Agreement, you will be notified of such termination with reasonable notice to retrieve your data. You agree and acknowledge that Wrkmash has no obligation to retain Platform Owner Data and that such Platform Owner Data may be irretrievably deleted upon termination of your account.
This Agreement commences on the date you confirm subscription to the Platform. For Wrkmash Basic Edition, the term is indefinite and may be terminated at any time in Wrkmash's sole discretion. For the Premium and all other editions, the initial term will be as you select during the online subscription process or as otherwise mutually agreed upon in writing. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at Wrkmash's then current fees. Either party may terminate this Agreement or reduce the number of licenses at any point with at least 30 days prior notice. In the case of free trials or free use granted, notification shall be provided through the Platform on the remaining number of days free trial. This notice shall serve as notice of termination. In the event this Agreement is terminated (other than by reason of your breach), Wrkmash will make available to you a file of the Platform Owner Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that Wrkmash has no obligation to retain the Platform Owner Data, and may delete such Platform Owner Data, more than 30 days after termination.
Any breach of your payment obligations or unauthorized use of the Wrkmash Technology or Platform will be deemed a material breach of this Agreement. Wrkmash, in its sole discretion, may terminate your password, account or use of the Platform if you breach or otherwise fail to comply with this Agreement. In addition, Wrkmash may terminate a free account at any time in its sole discretion. You agree and acknowledge that Wrkmash has no obligation to retain the Platform Owner Data, and may delete such Platform Owner Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Wrkmash represents and warrants that it will provide the Platform in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Platform will perform substantially in accordance with the online Wrkmash help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Platform and that your billing information is correct.
You agree to hold harmless and indemnify Wrkmash, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Wrkmash AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE Platform OR ANY CONTENT. Wrkmash AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT USE OF THE Platform WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR THAT THE Platform WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS WHETHER OR NOT EXPRESSED , OR THAT ANY PlatformD DATA WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF THE SOFTWARE AND SUBSCRIPTION SERVICE PURCHASED OR OBTAINED BY YOU THROUGH THE Platform WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE Platform OR THE SERVER(S) THAT MAKE THE Platform AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE Platform AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Wrkmash AND ITS LICENSORS.
Wrkmash'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Wrkmash IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU ARE RESPONSIBLE FOR PROCURING AND MAINTAINING THE APPROPRIATE INTERNET SERVICES REQUIRED FOR YOUR USE OF THE Platform.
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS Platform, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE Platform, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE Platform, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Wrkmash and its licensors make no representation that the Platform is appropriate or available for use in any location. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations the countries in which you use the Platform.
Wrkmash may give notice by means of a general notice on the Platform; electronic mail to your e-mail address on record in Wrkmash's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Wrkmash's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Wrkmash via email thru such facility provided on the Wrkmash website.
Wrkmash reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Platform at any time, effective upon posting of an updated version of this Agreement on the Platform. You are responsible for regularly reviewing this Agreement. Continued use of the Platform after any such changes shall constitute your consent to such changes. Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail through the facility provided in the Wrkmash website.
