Last Modified: July 11, 2016

WorkSearch Terms of Use

WELCOME TO THE WEBSITE OF WORKSEARCH,INC. (“COMPANY”, “WE” OR “US”).  THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, THIS “AGREEMENT”), GOVERN YOUR ACCESS TO AND USE OF www.worksearch.com, INCLUDING ANY CONTENT FUNCTIONALITY AND SERVICES OFFERED ON OR THROUGH THE WEBSITE (AS DEFINED BELOW), WHETHER AS A GUEST OR A REGISTERED USER.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY COMPANY.   BY VISITING THE WEBSITE, CLICKING TO ACCEPT OR AGREE TO THIS AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, OR USING THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THIS AGREEMENT AND OUR PRIVACY POLICY, FOUND AT PRIVACY, INCORPORATED HEREIN BY REFERENCE (THE “PRIVACY POLICY”).  IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES. USE OF COMPANY'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND ANY DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE.
WE MAY REVISE AND UPDATE THIS AGREEMENT FROM TIME TO TIME IN OUR SOLE DISCRETION.  ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM, AND APPLY TO ALL ACCESS TO AND USE OF THE WEBSITE THEREAFTER.  YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF REVISED TERMS OF USE MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES.
  1. ACCESS TO THE SERVICES
The www.worksearch.com website, domain name and all other websites and domain names affiliated with Company, and any other linked pages, features, content, or application services offered from time to time by Company in connection therewith (collectively, the "Website") are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website (together with the Website, the "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" shall include, without limitation, any service Company performs for you and the content offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
The Website is offered and available to users who are eighteen years of age or older, and reside in the United States or any of its territories or possessions.  Company is based in the United States and provides the Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements outlined in this Agreement.  If you do not meet all of these requirements, you must not access or use the Website.
You represent and warrant to Company that: (i) if you are accepting this Agreement on behalf of a business or entity, you have authority to do so, and such business or entity is a duly organized, validly existing entity with the full power and authority to enter into this Agreement; (ii) all registration information you submit is current, complete, accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and that all persons who access the Website through your internet connection are aware of this Agreement and comply with them.
  1. WEBSITE CONTENT
The Website and its contents are intended solely for your internal business purposes and may only be used in accordance with the terms of this Agreement. The Website and its entire contents, features, and functionality (including but not limited to the design, selection and arrangement thereof and all information displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content")) are owned by the Company, its licensors or other providers of such material and are protected by United States and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You must not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
  • Store, except as permitted by the previous paragraph, any significant portion of any Content in any form;
  • Modify copies of any materials from the Website;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website;
  • Access or use for any commercial purposes any part of the Website or any Service or materials available through the Website, except for utilizing the Services pursuant to the terms of this Agreement.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by Company.  If you link to the Website, Company may revoke your right to so link at any time, at Company's sole discretion. Company reserves the right to require prior written consent before linking to the Website.  Any use of the Website not expressly permitted by this Agreement is a breach and may violate copyright, trademark and other laws.
Under no circumstances will Company 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
  1. USER CONTRIBUTIONS
In the course of using the Services, you may provide information or materials which may be used by Company in connection with the Services (collectively, “User Contributions”).   All User Contributions must comply with the Content Standards set out in this Agreement.  It is a condition of your use of the Website that all User Contributions you provide to Company or on the Website are current, complete, accurate and truthful.  You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
You understand that by posting information or content on the Website, or otherwise providing content, materials or information to Company or in connection with the Services (collectively, "Employer Submissions"), Company hereby is and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such Employer Submissions (including all related intellectual property rights) in connection with the Website, the Services, and/or Company's (and/or its successors and assigns) business; however, Company will only share Employer Submission in accordance with Section 6 below. For example, you may provide Company with your requested criteria for employment candidates and a description of your business, and Company may use this information to find potential employees for you and to provide information about your business to those potential employees. You understand that Company retains the right to reformat, modify, create derivative works of, excerpt, reproduce, perform, display, and translate any Employer Submissions submitted by you.Employers are solely responsible for their own Employer Submissions and User Contributions on the Website. Company is not to be considered to be an employer with respect to your use of the Website and Company shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Website.
You understand that all User Contributions publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any Content, including but not limited to User Contributions. You understand that Company cannot guarantee the identity of any users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any information which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
You, not Company, remain solely responsible for all User Contributions that you provide to Company and upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
Company has the right to:
  • Remove or refuse to post any User Contribution for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PRODIERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
CONTENT STANDARDS:
These content standards apply to any and all User Contributions and use of the Services.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:
  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and/or the Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.
  1. PROHIBITED USES
You are responsible for all of your activity in connection with the Services. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in this Agreement;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “Maillist”, “Listserv”, any form of “auto-responder” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in Company’s sole discretion, may harm Company or users of the Website or expose them to liability.
Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider, crawl or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You will not use any information about Company users for any purpose other than facilitating a potential employment relationship. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
  1. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. You understand and agree that Company does not guarantee your use of the Services will result in your finding employment or suitable employees.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS"  AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR RESPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  1. CONFIDENTIALITY
Both Company and you may have access to the other's business, technical, or financial information ("Confidential Information" of the disclosing party) during the course of this Agreement. Company's users' information (including without limitation personally identifiable information of Company’s users) shall be considered Company's Confidential Information. Each party shall hold the other's Confidential Information in confidence, and not use or disclose such Confidential Information to third parties except as required and/or permitted in order for a party to perform its obligations or exercise its rights under this Agreement. Confidential Information shall not include any information that: (i) is or becomes (through no fault of the receiving party) generally available to the public; (ii) was in the receiving party's possession or known by it without restriction prior to receipt from the disclosing party; (iii) was rightfully disclosed to it by a third party; or (iv) was independently developed without use of any Confidential Information of the disclosing party. Each party may make disclosures required by law or court order provided the party making such disclosures uses diligent reasonable efforts to limit disclosure of Confidential Information and to obtain confidential treatment or a protective order. Notwithstanding anything else, we may identify you as a customer of Company.
  1. REGISTRATION AND SECURITY
As a condition to using Services, you may be required to register with Company and select a password and user name ("Company User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person or business entity with the intent to impersonate that person or business entity; or (ii) use as a Company User ID a name subject to any rights of a person or business entity other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
  1. INDEMNITY
You will defend, indemnify and hold Company, its parents, subsidiaries, affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) or demand made by any third party due to or arising out of your User Contributions, your use of the Website, its Content or the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
  1. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, ITS CONTENT OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIMS IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABLITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  1. FEES AND PAYMENT
In order to register with the Website and utilize certain of the Services, you may, as applicable, be required to provide certain information, including without limitation, information about yourself, your company, your employment criteria, your job search criteria and/or your skills and experience, all of which will be utilized by the Company in accordance with the Privacy Policy. As a potential employer, you will be able to view the degree to which a potential applicant meets your employment criteria and certain other non-identifiable information free of charge, but you will not be able to view a potential applicant’s contact or other identifiable information. As a potential applicant, you will be able to view the degree to which a potential employer meets your job search criteria and certain other non-identifiable information free of charge, but you will not be able to view a potential employer’s contact or other identifiable information.
Once a Match (as defined below) has occurred, the potential Employer may request to send its contact and other identifiable information to the potential applicant for a flat fee of twenty-five dollars ($25.00) per potential applicant (the “Employer Fee”). Likewise, a potential Applicant may request to send its contact and other identifiable information to the potential employer for a flat fee of ten dollars ($10.00) per potential employer (the “Applicant Fee”). For purposes of this Agreement, a “Match” occurs when both the potential employer and the potential applicant agree to release their contact and other identifiable information to each other; provided, that you acknowledge and agree that a Match does not constitute an offer, acceptance, agreement or contract for employment nor does it establish any employer/employee, principal/agent, or other fiduciary duty between the parties. By requesting to send your contact information to a potential employer and employee, you are simply agreeing to release your contact and other identifiable information to the matching potential employer or applicant, as the case may be, and agreeing to pay Company the Employer Fee or Applicant Fee, as applicable. In the event that you are unsatisfied with the potential employer’s or applicant’s, as the case may be, willingness to communicate with you after a match, company shall return your token for future use on the Website.
If you have agreed with Company to pay by credit card, the Employer Fee or Applicant Fee will be charged to you either in advance when you have purchased contact credits or immediately to the credit card you have provided to Company. If the credit card information you have provided is incorrect, incomplete, or Company is otherwise unable to complete a transaction due to your error or omission, Company reserves the right to suspend or terminate your account and/or your use of the Services. Any credit card information provided by you to Company will be via a secure page on the Website.
If you have agreed with Company to be billed via email or paper invoice, the Employer Fee or Applicant Fee will be billed to you monthly in advance. Invoices must be paid within fifteen (15) days of your receipt thereof. Company reserves the right to suspend or terminate your account and/or your use of the Services if you are late in making any Subscription Fee payment.
Company may change the Employer Fee or Applicant Fee upon thirty (30) days' notice to you, and such change will take effect the next time you are billed by Company following the end of the thirty (30) day notice period. If you do not wish to pay the new Employer Fee or Applicant Fee, your only remedy shall be to terminate this Agreement and cease use of the Services, prior to the end of such notice period. You may cancel your registration at any time.
  1. THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by Company. When you access third party websites, you do so at your own risk. Company encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
  1. TERMINATION
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time by following the instructions on the Website or by contacting Company directly. Company may terminate your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Except as explicitly set forth in Section 10.2, any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  1. MISCELLANEOUS
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. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Mobile County, Alabama, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of Alabama. Both parties agree that this Agreement and any document expressly incorporated by reference is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
The Website is operated by Company at 3571 E. Sunset Rd., Las Vegas, NV 89120.
All notices of copyright infringement claims should be sent to copyright@worksearch.com.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to needHelp@worksearch.com.