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WorkRamp Website Terms

USER TERMS OF USE

Last updated as of March 22, 2023

 

AGREEMENT TO TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of any entity (“you”, “your”) and WorkRamp, Inc., (“Company”, “we, “us”, or “our”), governing your access to and use of the https://www.workramp.com website, or any website operated by or on behalf of us, as well as any other mobile website or mobile application related, linked or otherwise connected thereto (collectively the “Site”).   We are incorporated in Delaware, with registered offices at 751 Laurel Street, #854

San Carlos, CA 94070.

 

Supplemental  terms and conditions or documents that may be posted on the Site are hereby expressly incorporated herein by reference, including without limitation, our Privacy Notice located here:  https://www.workramp.com/about/privacy-notice.  By using the Site, you consent and agree to be bound by and abide these Terms.  Please note, if you are accessing the Site from any region of the world with laws or other requirements governing data collection, use, or disclosure that differs from the United States, you may be transferring your personal data to the United States, and you hereby consent to have your data transferred to and proceeded in the United States.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. If you have not submitted your email to us in the process of registering for our products and service(s) or other feature or functionality of the Site, please ensure that you check these Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.  The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us from third party providers, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Any Content is governed by the license that accompanies it.  The Content is provided on the Site “AS IS” for your information and personal use only. It is your responsibility to ensure you have the proper permission for your use of the Content.  Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.  Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non- commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

 

By using the Site, you represent and warrant and agree that: 

 

  1. all registration information you submit will be true, accurate, current, and complete; 
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary; 
  3. you have the legal capacity and you agree to comply with these Terms; 
  4. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  5. you are not a minor in the jurisdiction in which you reside; 
  6. you will not use the Site for any illegal or unauthorized purpose; and
  7. your use of the Site will not violate any applicable law or regulation.  If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

USER REGISTRATION

 

You may be required to register to access certain features or functionality of the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

YOUR USE OF SITE; PROHIBITED ACTIVITIES

 

You agree to use the Site only for lawful purposes and in accordance with the Terms and any applicable licenses provided with the Content. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  In our sole discretion and without notice, we may suspend, terminate and/or remove any Content or other materials that violates or may violate the foregoing. As a user of the Site, you agree not to:

 

  1. Engage in unauthorized framing of or linking to the Site;
  2. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
  3. Retrieve data or other Content from the Site (in a systematic way) to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  6. Use the Site in a manner inconsistent with any applicable laws or regulations;
  7. Upload, post, e-mail or otherwise transmit any Content or materials that are unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  8. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  10. Delete the copyright or other proprietary rights notice from any Content and/or the Site;
  11. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  12. Harass, annoy, intimidate, or threaten any of our employees or agents  engaged in providing any portion of the Site to you;
  13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  14. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  15. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  16. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  17. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

FEEDBACK

 

You may upload or otherwise provide suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to the Site, Content and our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use and publish the Feedback in connection with operating the Site as well as our business, including the enhancement of the Content and our products and services.

 

THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) 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 (“Third-Party Materials”). Such Third-Party Websites and Third-Party Materials are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Materials 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 Websites or the Third-Party Materials. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Materials does not imply approval or endorsement by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Materials, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility and accept not liability whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Materials or any contact with Third-Party Websites.

 

DISCLAIMER

 

THE SITE AND ANY CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.  WORKRAMP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WORKRAMP DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO: (1) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ANY CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (2) ANY THIRD-PARTY WEBSITES OR THIRD PARTY MATERIALS THEREIN DIRECTLY  OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (3) THE UNAVAILABILITY OF THE SITE; (4) YOUR USE OF THE SITE AND/OR CONTENT, OR (5) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.

 

LIMITATION OF LIABILTY 

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW (AND UNLESS WORKRAMP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS), WORKRAMP WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, OR ANY THIRD-PARTY MATERIALS OR THIRD-PARTY WEBSITES. WORKRAMP WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, GOODWILL, OR REPUTATIONAL DAMAGES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS) OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE TERMS, THE USE OF OR INABILITY TO USE THE SITE, OR ANY THIRD-PARTY MATERIALS OR THIRD PARTY WEBSITES.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold WorkRamp, and its affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to: (1) your access to or use of the Site, including your content and/or materials; (2) your violation of these Terms; (3) your breach of your representations and warranties provided under these Terms; (4) your products or services, or the marketing or provision thereof to end users, or (5) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. WorkRamp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of WorkRamp.

 

GOVERNING LAW 

 

These Terms are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. 

 

DISPUTE RESOLUTION

 

Any dispute, controversy, or claim related to these Terms (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), shall be commenced or prosecuted in the state and federal courts located in San Francisco, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.  In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. 

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

GENERAL

 

These Terms and any policies or rules posted by Us on the Site constitute the entire agreement with respect to you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the Parties hereto to execute these Terms.

 

CONTACT US

 

In order to resolve a compliant regarding the Site or receive further information regarding the use of the Site, please contact us at:

 

WorkRamp, Inc

751 Laurel Street, #854

San Carlos, CA 94070

United States

support@workramp.com