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PLEASE
READ CAREFULLY THESE WORKFORCE MOBILIZER, INC. TERMS OF SERVICE AND PRIVACY
POLICY CAREFULLY BEFORE USING THIS WEBSITE.
The
following terms of service ("Terms of Service") govern your use of
the WorkforceMobilizer.com Website (the "Site") and any web-based
hosted services downloaded or accessed through the Site (the
"Service(s)"), all of which are operated by Workforce Mobilizer.
By using the Site and/or the Service, you irrevocably agree that such use
is subject to these Terms of Service. If you do not agree to these Terms of
Use, you may not use the Site or the Service. By accessing or using the
Site and/or the Service, you and the business entity or the organization
you represent ("You" or "Your") indicate Your agreement
to be bound by the Terms of Service.
Workforce
Mobilizer, Inc. reserves the right to modify and update its Privacy Policy
and Site Terms of Service as needs dictate and as legal requirements are
updated. If and when a change is made to our
Privacy Policy or Site Terms of Service, this page will be duly updated to
reflect the change. Your continued use of the Site or the Service after any
changes to these Privacy Policy/Terms of Service will mean that you accept
those changes.
Legal, Copyright, and Trademark
Information
All
intellectual property rights associated with the Site and its Content are
the sole property of Workforce Mobilizer, Inc. The content is protected by
US and International copyright laws. All Workforce Mobilizer Service Marks
so designated and all Products referenced on the Site are either trademarks
or registered trademarks of Workforce Mobilizer, Inc. All custom graphics,
icons, and other items that appear on the Site are trademarks, service
marks or trade dress of Workforce Mobilizer, Inc. and may not be used in
any manner without the express written consent of Workforce Mobilizer.
Workforce Mobilizer has made every effort to supply third-party trademark
information on the Site. All third party trademarks represented on this web
site may be the property of their respective owners.
Certain areas of the Site may contain other proprietary notices, conditions
of Service, and copyright information, the terms of which must be observed and
followed.
Except for the rights of Service and other rights expressly granted by these
Terms of Service, you may not copy, reproduce, modify, lease, loan, sell,
create derivative works from, upload, transmit, or distribute the
Intellectual Property of the Site in any manner without the prior written
consent of Workforce Mobilizer, Inc.
Workforce Mobilizer grants you a limited, personal, non-transferable,
revocable license which cannot be sub-licensed to access and use the Site
and its Content only in a manner expressly authorized by Workforce
Mobilizer, Inc. and the Site Terms of Service. Except to the extent required by
law, the Content made available on the Site may not be reverse-engineered,
modified, reproduced, republished, translated into any language,
re-transmitted in any form or by any means, resold or redistributed without
the prior written consent of Workforce Mobilizer, Inc. You may not make,
sell, offer for sale, modify, reproduce, display, publicly perform, import,
distribute, retransmit, or otherwise use the Content in any way, unless
expressly permitted to do so by Workforce Mobilizer, Inc.
Use of the Site and Service
You
may use your user account for the Service only in accordance with these
Terms of Service and only for lawful purposes. You are responsible for your own
communications, including the upload, transmission and posting of
information, and are responsible for the consequences of their posting on
or through the Service.
You
agree not to use the Site or the Service for: posting any information which
is incomplete, false, inaccurate or not your own, trade secrets or material
that is copyrighted or otherwise owned by a third party unless you have a
valid license from the owner which permits you to post it, material that
infringes on any other intellectual property, privacy or publicity right of
another, advertisement, promotional materials or solicitation related to
any product or service that is competitive with Workforce Mobilizer products
or services or software or programs which contain any harmful code,
including, but not limited to, viruses, worms or trojans; impersonating another
person; engaging in or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any city, state,
national or international law or regulation, or which fails to comply with
accepted Internet protocol; transmitting or transferring information or
software derived from the Site or the Service to foreign countries or
certain foreign nations in violation of US export control laws. In
addition, you agree not to violate or attempt to violate the security of
the Site and the Service or network security, including, without
limitation, the following: accessing data not intended for users of the
Site or Service, or gaining unauthorized access to an account, server or
any other computer system; attempting to probe, scan or test the
vulnerability of a system or network or to breach security; attempting to
interfere with the function of the Site, the Service or host, including,
without limitation, via means of submitting a virus to the Site,
overloading, crashing or spamming, including promotions and advertising;
forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting. You agree not to, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise attempt to discover
the source code, object code or underlying structure, ideas or algorithms
of the Site, Service, and Workforce Mobilizer products; modify, translate,
or create derivative works based on the Site and Service; use or access the
Service to build, support or assist a third party in building or
supporting, products or services competitive to Workforce Mobilizer, Inc.
You agree to use the Site and Service only for your own internal business
operations, and not to transfer, distribute, sell, republish, resell,
lease, sublease, license, or sub-license, unless authorized in writing by Workforce
Mobilizer, Inc.
Account Registration
In order to access and use the Service, you are required to open an
account (User Account). When you register for your User Account you must
provide true, accurate, current and complete
information, and you agree to update it in order to ensure that it is
current. Upon proper registration and opening of a User Account, and
subject to all of the terms and conditions of
these Terms of Service, Workforce Mobilizer hereby grants to you the personal,
non-transferable right and license to use the Service, solely for your own
internal purposes, until such time as either you or Workforce Mobilizer elect
to terminate such right in accordance with these Terms of Service.
Upon
registration, you will provide Workforce Mobilizer with a password to access
your account. You are responsible for maintaining the confidentiality of
your password and for all of your activities and
those of any third party that occur through your account, whether or not
authorized by you. You agree to immediately notify Workforce Mobilizer,
Inc. of any suspected or actual unauthorized use of your User Account. You
agree that Workforce Mobilizer, Inc. will not under any circumstances be
liable for any cost, loss, damages or expenses
arising out of a failure by you to maintain the security of your password.
Your Submissions
You
will retain ownership of any data, information or
material (Submissions) originated by you that you transmit through the
Service. You shall be solely responsible for the accuracy, quality, content and legality of Submissions. You represent and
warrant that you have all rights necessary to transmit Submissions through
the Service.
Workforce
Mobilizer, Inc. does not wish to receive, act to procure, nor desire to
solicit confidential or proprietary materials and information from you
through the Site and Service. Any and all
materials or information divulged during chats, online discussions, support
ticket submissions, or made available to Workforce Mobilizer, Inc. in any
manner will be deemed not to be confidential by Workforce Mobilizer, Inc.
You acknowledge that submissions to Workforce Mobilizer will not be
considered confidential or proprietary and that Workforce Mobilizer, Inc. will
be under no obligation to keep such information confidential. You
acknowledge that Workforce Mobilizer, Inc. will have an unrestricted,
irrevocable license to use, reproduce, display, perform, modify, transmit
and distribute such materials or information. You further agree Workforce
Mobilizer, Inc. is free to use any ideas, concepts, know-how or techniques
that you send to us for any purpose.
In
addition, you irrevocably represent and warrant to Workforce Mobilizer,
Inc. that the submissions do not and will not violate any applicable law or
government regulation or infringe any right of publicity or invades the
privacy of others, or any intellectual property right of any third party,
none of your Submissions will constitute pornographic, indecent, profane or
otherwise objectionable material, are discriminatory, hateful or bigoted
toward, or abusive of, any group or individual, or are libelous or
defamatory.
Third-Party Submissions and Support
The
Service provides you the opportunity to provide and receive technical
support assistance with third parties via the Customer Portal Community. Workforce
Mobilizer, Inc. makes no representations or warranties regarding the
validity or quality of the technical support assistance you obtain from third-parties on the Service. You agree that use of
third-party technical support assistance is done so at your own risk.
Aggregated and Anonymized Data
Workforce
Mobilizer, Inc. will have the right to collect and analyze data and other
information relating to the provision, use or performance of the Site and
Service (including your Submissions), and to aggregate and/or anonymize all
such data and information. Workforce Mobilizer, Inc. will have the
permission to: use such information and data to improve and enhance Workforce
Mobilizer services and products and disclose such data in aggregate or
other anonymized form in connection with its business.
Disclaimer of Warranties
The
content provided on the Site and all related Services are provided on an
"as is" basis and are for information purposes only. In addition,
all warranties are hereby disclaimed, including the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
The
content provided on the Site and the Service may contain technical
inaccuracies or typographical errors. Content, including but not limited to
pricing, subscription terms may be changed or updated without notice. Workforce
Mobilizer, Inc. may also make improvements and/or changes in the products
and/or the programs described in this information at any time without
notice.
Outbound Links
The
Site and Service contains links to and integrations with third party
websites and services, and you agree that Workforce Mobilizer provides
links to and integrations with such websites and services solely as a
convenience and has no responsibility for the content or availability of
such websites or services, and that Workforce Mobilizer, Inc. does not
endorse such websites or services. Your use of such websites and services
will be subject to the terms applicable to each such website and service.
Limitation of Liability
To
the extent permitted by applicable law, in no event shall Workforce
Mobilizer, Inc. be liable for any special, incidental, indirect, or
punitive and consequential damages (including, without limitation, damages
for loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of or
inability to use the Site and / or the Service, even if Workforce
Mobilizer, Inc. has been advised of the possibility of such damages.
Indemnification
You
agree to indemnify and hold harmless Workforce Mobilizer, Inc., its
contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims
and expenses, including attorneys' fees, arising out of your use of the
Site and Service, including but not limited to your violation of this
Agreement.
Export Restrictions
Workforce
Mobilizer, Inc. expressly complies with all export restrictions imposed by
the government of the United States of America. You, as Developer End User,
must agree not to export or re-export applicable Content available within
this Site or Service to any country, person, entity
or end user subject to U.S.A. export restrictions. Restricted countries
currently include, but are not necessarily limited to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, and Syria. You warrant and represent that
neither the U.S.A. Bureau of Export Administration nor any other federal
agency has suspended, revoked or denied your export
privileges.
Termination
Workforce
Mobilizer, Inc., at its sole discretion, may terminate your access and use
of all or any portion of the Site and Service at any time, with or without
cause. Upon such termination, you must immediately discontinue use of the
Site and the Service.
Privacy Policy
Workforce
Mobilizer, Inc.’s use of personal data is governed by the terms set forth
in our comprehensive Privacy Policy
Copyright Notice
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