WORKEQ™ Terms of Service
This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and ReturnSafe, Inc. d/b/a WorkEQ (“WorkEQ”). These Terms govern your use of WorkEQ’s website available at https://www.workeq.com/ (the “Site”) and WorkEQ’s hybrid workforce solution and management platform through the Site (together with the Site, the “Services”). The Services are licensed, not sold, to you.
1. License Grant.Subject to these Terms, WorkEQ grants you a limited, non-exclusive, and nontransferable license to use the website for your personal, non-commercial use on devices owned or otherwise controlled by you and to use the Services strictly in accordance with these Terms and WorkEQ’s Saas Agreement, as applicable.
2. Modification to these Terms and the Services.
Additionally, WorkEQ reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason. You agree that WorkEQ shall not be liable to you for any modification, suspension, or discontinuation of the Services in accordance with these Terms or other agreements between you and WorkEQ, including but not limited to the WorkEQ Saas Agreement. Some modifications may require updates to Site in order to continue to use the Services. WorkEQ may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.
You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.
4. WorkEQ Account
You may access the Site without registering for an account, but as a condition of using certain aspects of the Services you are required to create a WorkEQ account (an “Account”). You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to WorkEQ immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. WorkEQ cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
While we may offer portions of the Services for free, we do charge for certain features of the Services. Any payment for Services will be governed by our WorkEQ Saas Agreement.
WorkEQ may charge, and you authorize WorkEQ to charge, the payment method you specify at the time of purchase through the Saas Agreement. If you pay any amounts with a credit card, WorkEQ may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. Regardless of the cause, WorkEQ reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
6. License Restrictions. You shall not:
- use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
- use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- copy any portion of the Services, except as expressly permitted by these Terms or our Saas Agreement;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
- rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
- directly or indirectly take any action that imposes or may impose (as determined by WorkEQ in its sole discretion) an unreasonable or disproportionately large load on WorkEQ or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services; or
- create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another’s Account.
If for any reason, WorkEQ determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
7. Reservation of Rights.
You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. WorkEQ, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
8. Content and User Content
Through the Services, or via other users, WorkEQ may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.
You retain your rights to any Content you submit, post or display on or through the Services (“User Content”). WorkEQ does not receive any rights to the User Content except for the limited rights that enable WorkEQ to offer its Services. WorkEQ requires your permission to host, back up, and share User Content. You hereby give WorkEQ permission to do these activities, and this permission extends to our affiliates and trusted third parties with which WorkEQ works.
9. Collection and Use of Your Information.
10. Geographic Restrictions.
The Content and Services are based in the United States, but may be provided for access and use by persons worldwide. You acknowledge that you may not be able to access all or some of the Services outside of the in certain countries and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, however, you are responsible for compliance with local laws.
WorkEQ may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that WorkEQ has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.
12. Third-Party Materials.The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that WorkEQ is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. WorkEQ does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
13. Term and Termination.
The term of these Terms commences when you acknowledge your acceptance and will continue in effect until you cease to use our Services, or these Terms are terminated by you or WorkEQ as set forth in this section. You may cancel your Account through your Account settings, the cancellation of which may be governed by WorkEQ’s Saas Agreement terms. WorkEQ may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms or our Saas Agreement, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. WorkEQ reserves the right to remove your Account information along with any Account settings from our servers with NO liability or further notice to you. Upon termination of your Account. your license to use WorkEQ’s Services terminates.
14. Disclaimer of Warranties.
UNLESS OTHERWISE AGREED TO IN WRITING BETWEEN YOU AND WORKEQ, THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WORKEQ, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WORKEQ PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability.
UNLESS OTHERWISE AGREED TO IN WRITING BETWEEN YOU AND WORKEQ AND EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL WORKEQ, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, WORKEQ’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Unless otherwise agreed to in writing between you and WorkEQ, you agree to indemnify, defend, and hold harmless WorkEQ and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
18. US Government Rights.
The Services are a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
19. Governing Law.
20. Entire Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.
If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org
Last Update: October 31, 2022