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WEORC Terms of Use
Date of
Last Revision: January 7, 2009
Welcome
to the Workers and Employers Online Resource Community (WEORC), a social utility
that connects workers with employers. The WEORC Network (collectively, "WEORC"
or "the Service") are operated by the Baerix Corporation and its affiliates
(collectively, "us", "we" or "the Company"). By accessing or using our web site
at www.WEORC.com or the mobile version thereof (together the "Site") or by
posting a Share Button on your site, you (the "User") signify that you have
read, understand and agree to be bound by these Terms of Use ("Terms of Use" or
"Agreement"), whether or not you are a registered member of WEORC. We reserve
the right, at our sole discretion, to change, modify, add, or delete portions of
these Terms of Use at any time without further notice. If we do this, we will
post the changes to these Terms of Use on this page and will indicate at the top
of this page the date these terms were last revised. Your continued use of the
Service or the Site after any such changes constitutes your acceptance of the
new Terms of Use. If you do not agree to abide by these, or any future Terms of
Use, do not use or access (or continue to use or access) the Service or the
Site. It is your responsibility to regularly check the Site to determine if
there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW
DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely
for users who are thirteen (13) years of age or older, and users of the Site
under 18 who are currently in high school or college. Any registration by, use
of or access to the Site by anyone under 13, or by anyone who is under 18 and
not in high school or college, is unauthorized, unlicensed and in violation of
these Terms of Use. By using the Service or the Site, you represent and warrant
that you are 13 or older and in high school or college, or else that you are 18
or older, and that you agree to and to abide by all of the terms and conditions
of this Agreement.
Registration Data; Account Security
In
consideration of your use of the Site, you agree to (a) provide accurate,
current and complete information about you as may be prompted by any
registration forms on the Site ("Registration Data"); (b) maintain the security
of your password and identification; (c) maintain and promptly update the
Registration Data, and any other information you provide to Company, to keep it
accurate, current and complete; and (d) be fully responsible for all use of your
account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited
License
All
content on the Site and available through the Service, including designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the "Site Content"), are the
proprietary property of the Company, its users or its licensors with all rights
reserved. No Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part, without the Company's
prior written permission, except that the foregoing does not apply to your own
User Content (as defined below) that you legally post on the Site. Provided that
you are eligible for use of the Site, you are granted a limited license to
access and use the Site and the Site Content and to download or print a copy of
any portion of the Site Content to which you have properly gained access solely
for your personal, non-commercial use, provided that you keep all copyright or
other proprietary notices intact. Except for your own User Content, you may not
upload or republish Site Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation, and any other
use of the Site Content is strictly prohibited. Such license is subject to these
Terms of Use and does not permit use of any data mining, robots, scraping or
similar data gathering or extraction methods. Any use of the Site or the Site
Content other than as specifically authorized herein, without the prior written
permission of Company, is strictly prohibited and will terminate the license
granted herein. Such unauthorized use may also violate applicable laws including
copyright and trademark laws and applicable communications regulations and
statutes. Unless explicitly stated herein, nothing in these Terms of Use shall
be construed as conferring any license to intellectual property rights, whether
by estoppel, implication or otherwise. This license is revocable at any time
without notice and with or without cause.
Trademarks
Baerix,
WEORC, THE WEORC, WEORC Networks and other Company graphics, logos, designs,
page headers, button icons, scripts and service names are registered trademarks,
trademarks or trade dress of Company in the U.S. Canada and/or other countries.
Company's trademarks and trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection with any product or
service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of
the Company.
User Conduct
You
understand that except for advertising programs offered by us on the Site, the
Service and the Site are available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted through
your account or otherwise posted, transmitted, or shared by you on or through
the Service will violate or infringe upon the rights of any third party,
including copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise unlawful
material.
In addition, you agree not to use the Service or the Site to:
-
harvest
or collect email addresses or other contact information of other users from the
Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
-
use the
Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
-
use
automated scripts to collect information from or otherwise interact with the
Service or the Site;
-
upload,
post, transmit, share, store or otherwise make available any content that we
deem to be harmful, threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or
publicity rights, hateful, or racially, ethnically or otherwise objectionable;
-
upload,
post, transmit, share, store or otherwise make available any videos other than
those of a personal nature that: (i) are of you or your friends, (ii) are taken
by you or your friends, or (iii) are original art or animation created by you or
your friends;
-
register for more than one User account, register for a User account on behalf
of an individual other than yourself, or register for a User account on behalf
of any group or entity;
-
impersonate any person or entity, or falsely state or otherwise misrepresent
yourself, your age or your affiliation with any person or entity;
-
upload,
post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation;
-
upload,
post, transmit, share, store or otherwise make publicly available on the Site
any private information of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
-
solicit
personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
-
upload,
post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
-
intimidate or harass another;
-
upload,
post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate
the rights of any party, or that would otherwise create liability or violate any
local, state, national or international law;
-
use or
attempt to use another's account, service or system without authorization from
the Company, or create a false identity on the Service or the Site.
-
upload,
post, transmit, share, store or otherwise make available content that, in the
sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company or its
users to any harm or liability of any type.
Without
limiting any of the foregoing, you also agree to abide by our
WEORC Code of Conduct that provides further
information regarding the authorized conduct of users on WEORC.
User Content Posted on the Site
You are
solely responsible for the photos, profiles (including your name, image, and
likeness), messages, notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or display (hereinafter,
"post") on or through the Service or the Site, or transmit to or share with
other users (collectively the "User Content"). You may not post, transmit, or
share User Content on the Site or Service that you did not create or that you do
not have permission to post. You understand and agree that the Company may, but
is not obligated to, review the Site and may delete or remove (without notice)
any Site Content or User Content in its sole discretion, for any reason or no
reason, including User Content that in the sole judgment of the Company violates
this Agreement or the
WEORC Code of Conduct, or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of users
or others. You are solely responsible at your sole cost and expense for creating
backup copies and replacing any User Content you post or store on the Site or
provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove your
User Content, the license granted above will automatically expire, however you
acknowledge that the Company may retain archived copies of your User Content.
WEORC does not assert any ownership over your User Content; rather, as between
us and you, subject to the rights granted to us in these Terms, you retain full
ownership of all of your User Content and any intellectual property rights or
other proprietary rights associated with your User Content.
WEORC Mobile Services
The
Service includes certain services that are available via your mobile phone,
including (i) the ability to upload content to WEORC via your mobile phone
(Mobile Uploads), (ii) the ability to receive and reply to WEORC messages, and
to write wall posts using text messaging (Mobile Texts), (iii) the ability to
browse WEORC from your mobile phone (Mobile Web), and (iv) the ability to access
certain WEORC features through a mobile application you have downloaded and
installed on your mobile phone (Mobile Client) (collectively the "Mobile
Services"). We do not charge for these Mobile Services. However, your carrier's
normal messaging, data and other rates and fees will still apply. You should
check with your carrier to find out what plans are available and how much they
cost. In addition, downloading, installing, or using certain Mobile Services may
be prohibited or restricted by your carrier, and not all Mobile Services may
work with all carriers or devices. Therefore, you should check with your carrier
to find out if the Mobile Services are available for your mobile devices, and
what restrictions, if any, may be applicable to your use of such Mobile
Services. By using the Mobile Services, you agree that we may communicate with
you regarding WEORC and other entities by SMS, MMS, text message or other
electronic means to your mobile device and that certain information about your
usage of the Mobile Services may be communicated to us. In the event you change
or deactivate your mobile telephone number, you agree to promptly update your
WEORC account information to ensure that your messages are not sent to the
person that acquires your old number.
Copyright Complaints
We
respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the WEORC website or service any
materials that violate another party's intellectual property rights. When we
receive proper Notification of Alleged Copyright Infringement as described in
our
WEORC Copyright Policy, we promptly remove or disable
access to the allegedly infringing material and terminate the accounts of repeat
infringers as described herein in accordance with the Digital Millennium
Copyright Act. If you believe that any material on the Site infringes upon any
copyright which you own or control, you may send a written notification of such
infringement to our Designated Agent. Please see our
WEORC Copyright Policy for more information on how to
report infringement of your copyright.
Repeat Infringer Policy
In
accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Company has adopted a policy of terminating, in appropriate circumstances
and at Company's sole discretion, members who are deemed to be repeat
infringers. Company may also at its sole discretion limit access to the Site
and/or terminate the memberships of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site
contains (or you may be sent through the Site or the Service) links to other web
sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software and
other content or items belonging to or originating from third parties (the
"Third Party Applications, Software or Content"). Such Third Party Sites and
Third Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Sites accessed through the Site or any Third
Party Applications, Software or Content posted on, available through or
installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which
you navigate from the Site or relating to any applications you use or install
from the site.
Share Service
Company
offers a feature whereby users of the Site can share with others or post to
their own member profile, videos, articles and other Third Party Applications,
Software or Content from, and/or links to, Third Party Sites through the Service
(the "Share Service"). You acknowledge and agree that your use of the Share
Services and all links, User Content or Third Party Applications, Software or
Content shared through the Share Service is subject to, and will fully comply
with the user conduct rules set forth above and the other terms and conditions
set forth in these Terms of Use.
Use of Share Links by Online Content Providers
Subject
to the terms and conditions of these Terms of Use, Third Party Sites that meet
the requirements set forth below may place a Share Link (as described below), in
the form approved by Company, on pages of their web sites to facilitate use of
the Share Service. A Third Party Site that posts a Share Link on its web site is
referred to herein as an "Online Content Provider" and shall abide and be
subject to the applicable sections of these Terms of Use. A "Share Link" is a
button and/or a text link appearing on an Online Content Provider's web page
that, upon being clicked by a user, enables us to launch a sharing mechanism
through which users can share with others or post to their own member profile,
links and content from that page.
In the event that the Share Link is a button that contains any icons or other
graphic images, trademarks or other proprietary materials of the Company, Online
Content Provider is granted permission to use such images, trademarks or other
materials solely for the purpose of placing the Share Link on Online Content
Provider's site and solely in the current form provided by the Company. In the
event that the Share Link is a text link, it must include the word "WEORC" as
part of the link. The rights granted in this paragraph may be revoked by Company
at any time with or without cause in its sole discretion, and upon such
termination, Online Content Provider agrees to immediately remove all Share
Links from its site.
In order for an Online Content Provider to include a Share Link on its pages,
the Third Party Site must not contain any web content that if shared or posted
by a user would be a violation of the user conduct rules set forth above.
Without limiting the forgoing, Online Content Provider agrees not to post a
Share Link on any web site that contains, and represents and warrants that such
web site does not and will not contain, any content that is infringing, harmful,
threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar,
obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that
may expose Company or its users to any harm or liability of any type. Upon
including of a Share Link, Online Content Provider agrees to defend, indemnify
and hold the Company, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from
and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with such
Share Link, any links, content or other items or materials which may be shared
or posted through such Share Link, or any breach or alleged breach of the
foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and
represents and warrants that it has the right to grant, to the Company an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use the Share Service in order to link
to, use, copy, publish, stream, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), summarize, and distribute the content,
links and other materials of any kind residing on any web pages on which Online
Content Provider places the Share Link.
WEORC Pages
WEORC
Pages are special profiles used solely for commercial, political, or charitable
purposes. You may not set up a WEORC Page on behalf of another individual or
entity unless you are authorized to do so. This includes fan WEORC Pages, as
well as WEORC Pages to support or criticize another individual or entity.
WEORC DOES NOT PRE-SCREEN OR APPROVE WEORC PAGES, AND CANNOT GUARANTEE THAT A
WEORC PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR
ENTITY THAT IS THE SUBJECT OF A WEORC PAGE. NOR IS WEORC RESPONSIBLE FOR THE
CONTENT OF ANY WEORC PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS
TAKEN ON OR IN CONNECTION WITH ANY WEORC PAGE, INCLUDING HOW THE OWNER OF THE
WEORC PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT
MAY COLLECT FROM USERS (PLEASE REVIEW THE
WEORC Privacy Policy IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR
PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL
INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A WEORC PAGE.
In addition to these Terms of Use, WEORC Pages are subject to and governed by
certain
Additional Terms Applicable to WEORC
Pages. The Additional Terms Applicable to WEORC Pages control in
the event of any conflict between them and the Terms of Use.
Terms of Sale
Please
refer to our
Terms of Sale for the
terms, conditions and policies applicable to your purchase of products or
services from Company. By ordering products or services from Company through the
Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale
are subject to change without prior notice at any time, in Company's sole
discretion so you should review the Terms of Sale each time you make a purchase.
User Disputes
You are
solely responsible for your interactions with other WEORC users. We reserve the
right, but have no obligation, to monitor disputes between you and other users.
Privacy
We care
about the privacy of our users. Click here to view the
WEORC's Privacy Policy. By using the Site or
the Service, you are consenting to have your personal data transferred to and
processed in Canada and/or the United States.
Disclaimers
The
Company is not responsible or liable in any manner for any User Content or Third
Party Applications, Software or Content posted on the Site or in connection with
the Service, whether posted or caused by users of the Site, by WEORC, by third
parties or by any of the equipment or programming associated with or utilized in
the Site or the Service. Although we provide rules for user conduct and
postings, we do not control and are not responsible for what users post,
transmit or share on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you may
encounter on the Site or in connection with any User Content or Third Party
Applications, Software or Content. The Company is not responsible for the
conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection with the
Service, including any Mobile Client software. Under no circumstances will the
Company be responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from anyone's use of the
Site or the Service, any User Content or Third Party Applications, Software or
Content posted on or through the Site or the Service or transmitted to Users, or
any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES), ANY PLATFORM APPLICATIONS
AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC
RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM
APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR
MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS
SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF
ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform Applications
offered through the Site at any time without notice. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, and supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by Company.
Limitation on Liability
IN NO
EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR
USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE
CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE,
EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL
THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE
PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY
KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The
Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any
Platform Application (or any portion, aspect or feature of the Service or the
Site or any Platform Application) for any reason, or no reason, at any time in
its sole discretion, with or without notice, including if it believes that you
are under 13, or under 18 and not in high school or college. When we are
notified that a user has died, we will generally, but are not obligated to, keep
the user's account active under a special memorialized status for a period of
time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By
visiting or using the Site and/or the Service, you agree that the laws of the
Province of Ontario, without regard to principles of conflict of laws, will
govern these Terms of Use and any dispute of any sort that might arise between
you and the Company or any of our affiliates. With respect to any disputes or
claims not subject to arbitration (as set forth below), you agree not to
commence or prosecute any action in connection therewith other than in the
province of Ontario and federal courts of Canada, and you hereby consent to, and
waive all defenses of lack of personal jurisdiction and forum non convenes with
respect to, venue and jurisdiction in the province of Ontario and federal courts
of Canada.
Arbitration
YOU AND
COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC
SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE
SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING
IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE
(INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL
AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in
any manner infringed upon or violated or threatened to infringe upon or violate
the other party's patent, copyright, trademark or trade secret rights, or you
have otherwise violated any of the user conduct rules set forth above or in the
Code of Conduct then the parties acknowledge that arbitration is not an adequate
remedy at law and that injunctive or other appropriate relief may be sought; and
(b) no disputes or claims relating to any transactions you enter into with a
third party through the WEORC Marketplace may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in the case
of consumer disputes, the AAA's Supplementary Procedures for Consumer Related
Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The
location of the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules and shall be
subject to the limitations provided for in the AAA Consumer Rules (for consumer
disputes). If such costs are determined to be excessive in a consumer dispute,
the Company will be responsible for paying all arbitration fees and arbitrator
compensation in excess of what is deemed reasonable. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE
SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event
shall any claim, action or proceeding by you related in any way to the Site
and/or the Service (including your visit to or use of the Site and/or the
Service) be instituted more than three (3) years after the cause of action
arose.
Indemnity
You
agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, any Third Party Applications, Software or Content you
post or share on or through the Site (including through the Share Service), your
use of the Service or the Site, your conduct in connection with the Service or
the Site or with other users of the Service or the Site, or any violation of
this Agreement or of any law or the rights of any third party.
Submissions
You
acknowledge and agree that any questions, comments, suggestions, ideas, Feedback
or other information about the Site or the Service ("Submissions"), provided by
you to Company are non-confidential and shall become the sole property of
Company. Company shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Definitions and Constructions
Unless
otherwise specified, the terms "includes", "including", "e.g.,", "for example",
and other similar terms are deemed to include the term "without limitation"
immediately thereafter. Terms used in these Terms with the initial letter(s)
capitalized will have the meaning attributed to them in these Terms.
Other
These
Terms of Use constitute the entire agreement between you and Company regarding
the use of the Site and/or the Service, superseding any prior agreements between
you and Company relating to your use of the Site or the Service. The failure of
Company to exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision in that or any other
instance. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect. If any provision of
these Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms of
Use and shall not affect the validity and enforceability of any remaining
provisions.
Contacting the Web Site
Please
address email to customercare@WEORC.com or alternatively you may also contact us by
mail at 1659 Victoria Street North, Kitchener-Waterloo, Ontario, Canada N2B 3E6.
Please
visit these links for more information.
WEORC © 2009
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