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By using this website you acknowledge you have read the Terms of Use of use and you agree to the Terms of Use thereof. YOU AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. Your use of this website is expressly conditional on your acceptance of the following Terms of Use. By using this site, you signify your assent to these Terms of Use. If you do not agree to these terms, you may not access or otherwise use the website. WorkDigital reserves the right to change these Terms of Use at anytime without notice.
EXCLUSION OF WARRANTY: THIS WEBSITE IS ONLY A VENUE. THIS SITE CONTAINS LINKS TO OTHER THIRD-PARTY WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY WORKDIGITAL OR ITS AFFILIATES. WORKDIGITAL HAS NO CONTROL OVER THESE THIRD-PARTY WEBSITES OR SERVICE PROVIDERS.
WORKDIGITAL AND ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WORKDIGITAL AND ANY THIRD PARTY PROVIDERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER WORKDIGITAL OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM WORKDIGITAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.
WEBSITE INFORMATION: The information displayed herein is provided in good faith, but WorkDigital makes no guarantees about the completeness, accuracy, timeliness, availability, accessibility, merchantability, or fitness for any particular purpose of any of the information. The accuracy and reliability of the Content within the website and its associated links is not guaranteed and is provided “as is” and all warranties, either expressed or implied, are disclaimed. WorkDigital accepts no responsibility for your use of this information, or for anyone else's use of it. WorkDigital accepts no responsibility for any injury, loss, claim, or damage arising out of or in any way connected with this service or the information displayed here. By accessing this service, you agree with these conditions and agree to hold harmless WorkDigital and its affiliates.
INTELLECTUAL PROPERTY: The use of this website is limited to personal and noncommercial use. All information, including without limitation, graphics, text, software and any codes or scripts in any format used as part of the website (“Content”) are the property of WorkDigital or its licensors. This website and its Content may not be copied, uploaded, downloaded, modified, transmitted, licensed, transferred, sold, creative derivatives made or published or otherwise distributed except as expressly permitted by these Terms of Use. WorkDigital owns and operates this website and its content and engaging in the activities mentioned herein will subject you to serious violations of WorkDigital’s trademark, copyright and other proprietary rights. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use. United States Copyright Law, Trademark Law, common law and applicable international treaties and conventions governing intellectual property law protect all Content on this website. Nothing contained in the Terms of Use shall give you any rights to any intellectual properties of WorkDigital. Any and all WorkDigital trademarks and names which WorkDigital may use in connection with the website shall remain the exclusive property of WorkDigital. All content on the website is protected by United States Copyright Law, Trademark Law, common law and applicable international treaties and conventions governing intellectual property law. Some Content on the website is subject to United States Export Controls. No Content from the website may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident) of Iran, Iraq, Syria, North Korea, Libya, Angola, Myanmar (Burma), Sudan, Yugoslavia or any other country that the United States has embargoed goods or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the Department of Commerce’s Table of Deny Orders. By downloading the Content from the website, you represent and warrant that you are not located in or a national or resident of any such country. WorkDigital assumes no liability for errors, bugs, viruses’ omissions or other problems with the Content of the website or with information or functions made accessible for any products or services through links to third party sites. WorkDigital makes no representations or warranties of any kind whatsoever with respect to Content. In no event is WorkDigital liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Content or services on the website.
RESPONSIBILITY AND AGE: If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
PRIVACY: Your use of the website is subject to WorkDigital’s Privacy Policy. Your use of this website indicates that you have read the WorkDigital Privacy Policy and it is reasonable and acceptable to you. Your acceptance of these Terms of Use is also your consent to the information practices in our Privacy Policy. WorkDigital's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of WorkDigital's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by WorkDigital with respect to such website use. WorkDigital agrees to adhere to all applicable Unites States federal and state laws and industry practices relating to the collection and use of personal information from website users.
TRANSMISSION REVIEW: WorkDigital may, from time to time monitor and review any information received or transmitted through this website. WorkDigital reserves the right to edit, remove, censor or prohibit the receipt or transmission of any information that WorkDigital deems in violation of these Terms of Use or inappropriate. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review.
INDEMNIFICATION: You shall defend and indemnify WorkDigital, its Affiliates and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this website.
RELATIONSHIP: You agree that no joint venture, partnership, employment, or agency relationship exists between you and WorkDigital or its Affiliates as a result of these Terms of Use or use of this website.
GOVERNING LAW: This Agreement and its performance shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of laws provisions. You and WorkDigital agree to submit to the exclusive jurisdiction over all disputes, questions and controversies arising out of your use of this website and these Terms of Use hereunder and venue in an appropriate state or federal court located in the state of Nevada. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
DISPUTE RESOLUTION: If any dispute arises between the parties with respect to the interpretation or enforcement of this Agreement, you agree to attempt to resolve such dispute or disagreement by negotiating in good faith and if they are unable to resolve the dispute within thirty (30) days from commencing negotiations, they shall submit it to binding arbitration under the rules and regulations of American Arbitration Association. The arbitration will be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction; provided, however, that if the arbitrator fails to follow the law, the aggrieved party my seek judicial relief. In the event of litigation or arbitration between the parties arising out of this Agreement, the prevailing party will be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants and expert witnesses incurred in connection with the action or arbitration. Any dispute resolution proceeding, whether administrative or judicial, shall take place in Clark County, Nevada. Nothing in these Terms of Use shall prevent WorkDigital from applying to and obtaining from any court having jurisdiction a writ of attachment, temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect WorkDigital’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
INJUNCTIVE RELIEF: You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to WorkDigital as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that WorkDigital shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms of Use by you, or your Affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by WorkDigital in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
TERMINATION: WorkDigital reserves the rights to change, suspend or discontinue any aspect of the website at any time, including the availability of any of the website features, database, or content, and may provide reasonable notice of such changes on the website. WorkDigital may also impose limits on features or restrict access to parts of the website. WorkDigital may terminate user and or Affiliate access or suspend any user’s or Affiliates access to all or part of the web site without notice for any conduct that WorkDigital, in its sole discretion, believes violates any applicable law or is harmful to WorkDigital, its vendor and supplier or a third party licensor.
ANTI-SPAM: WorkDigital has a no tolerance anti-spam policy and actively monitors its Affiliates' websites to enforce their compliance with this policy. WorkDigital Affiliates agree and accept that if WorkDigital believes, at its sole discretion, that an Affiliate is transmitting or are otherwise connected with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) that directs an email recipient to his/her provided website, without the recipient's prior request or consent, that WorkDigital has the right to disable his/her website, and will do so with no further notice. All reports and complaints will be investigated and dealt with swiftly.
If you feel that you have been the recipient of a "spam" or unsolicited email and would like to report the sender to us, please forward a copy of the email you received to us at: abuse@workdigital.com.
ASSIGNMENT: You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION: WorkDigital reserves the right to change the terms, conditions, and notices under which this website is offered and your continued use of this site will be conditioned upon the Terms of Use in force at the time of your use.
SEVERABILITY: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
HEADINGS: The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the Terms of Use herein.
ENTIRE AGREEMENT: These Terms of Use represent the entire understanding between you and WorkDigital and your use of this website.
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