Terms of Use

Last modified: 07/19/2023

  1. Introduction

Thank you for using the services of LaborWorx, Inc. (collectively with jointly owned affiliates: “LaborWorx,” “we,” “our,” or “us”. This Terms of Use Agreement (this “Agreement”) is a legal contract between LaborWorx and yourself (“you” or “your”), which governs your use of and access to our Services.

This Agreement applies to all persons and entities who visit, use or access any of our Services. By accessing or using our Services, you signify that you have read, understood and agree to be bound by the terms and conditions of this Agreement, whether or not you are an employment affiliate, workforce partner, or other user of our Services. If you are accepting on behalf of another entity, you represent and warrant that you have full legal authority to enter into this Agreement and are able to bind such entity to the terms and conditions of this Agreement. This Agreement incorporates the LaborWorx Privacy Notice and any document expressly incorporate by reference

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement. Your continued use of our Services after any such change constitutes your acceptance of the revised Terms of Use.

This Agreement applies to your interactions with LaborWorx through the following mechanisms, which are collectively referred to as “our Services”:

  • LaborWorx websites including www.laborworx.com
  • Through a LaborWorx mobile application.
  • Through email, SMS, chat or other online communications between you and LaborWorx.
  • When you sign up for LaborWorx communications related to our Services.
  • When you interact with any LaborWorx employee our affiliate related to our Services.

Please read the this Agreement carefully before you start to use our Services. By using our Services, you accept and agree to be bound and abide by this Agreement and our Privacy Notice, incorporated herein by reference. If you do not wish to agree to this Agreement, you must not access or use our Services.

  1. Use of our Services

Our Services are offered and available to users who reside in the United States or any of its territories or possessions. Except as described in Section 2, you must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use our Services, so that you can form a binding contract with LaborWorx. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use our Services if your use of our Services has been previously terminated or suspended by LaborWorx, unless we have provided you with specific written authorization to re-use our Services. By using our Services, you represent and warrant that you meet all of the foregoing eligibility requirements and that you are of legal age to form a binding contract with LaborWorx. If you do not meet all of these requirements, you must not access or use our Services.

Telephone or SMS

When using our Services, we may ask for your consent to contact you by telephone, including by SMS. By granting such consent, you authorize LaborWorx to contact you by telephone at the number(s) you have provided, and acknowledge that LaborWorx may do so using an automatic telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside).

You may revoke consent to be contacted by telephone by emailing privacy@laborworx.com and including the wording “Revocation of Telephone Consent” in the subject line. To stop receiving SMS messages from LaborWorx, you may reply “STOP” to any SMS message you receive. Consent to being contacted by telephone is not required as a condition of using our Services or of purchasing any other property, goods, or services from LaborWorx.

You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.

Email

By providing LaborWorx your email address, you consent to our using the email address to send you service-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our Services and special offers (to the extent permitted by the laws of the jurisdiction where you reside). If you have consented to receive email alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive alert emails and/or marketing communications from us, you may opt-out or change your preferences 1) as described in our Privacy Notice, 2) by following the opt-out and/or unsubscribe instructions in the email message, or 3) by requesting to be opted-out by emailing: privacy@laborworx.com. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Please note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your account, your use of our Services, and other transactional purposes unless you deactivate your account and stop using our Services.

  1. User Accounts

If you sign up or create an account with LaborWorx you are responsible for all activity, acts or omissions of any person or entity that is able to access our Services through your account. Additionally, you agree that: (i) you will not share log-in credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or our Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of our Services; (iv) you will immediately notify LaborWorx of any suspected or alleged violation of this Agreement; and (v) you will cooperate with LaborWorx with respect to investigation of any suspected or alleged violation of this Agreement and any action by LaborWorx to enforce this Agreement.

Any interactions that you have with LaborWorx, including any suggestions, recommendations, or other information provided to help support or improve your experience with our Services, are provided only as a courtesy and without warranty. You are responsible for your use of our Services, including without limitation any content you provide to LaborWorx and compliance with laws.

If you sign up or create an account with LaborWorx, you may control your profile information and how you interact with our Services. When creating your account or uploading information to our Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.

You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information (as defined in the Privacy Notice). You understand and agree that your account is personal to you and you agree not to provide any other person with access to our Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be totally responsible for all activities that occur under your account. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.

  1. Modifications

We may revise and update this Agreement at any time in our sole discretion. All changes are effective immediately when we post them, and they apply to all access to and use of our Services thereafter. However, any changes to dispute‑resolution provisions will not apply to any disputes for which all parties have actual notice on or before the date the change is posted on our Services.

Your continued use of our Services following the posting of revised this Agreement means that you accept and agree to the changes. You are expected to check this page when you use our Services so you are aware of any changes, because they are binding on you.

  1. Platform Ownership and Intellectual Property Rights

All right, title, and interest in our Services, including, but not limited to, all of the software and code that comprise and operate our Services, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy, and other materials provided through our Services (collectively, “Content”) are owned by us or by third parties who have licensed their content to us. Our Services are protected under trademark, service‑mark, trade‑dress, copyright, patent, trade‑secret and other intellectual property laws. In addition, the Content associated with our Services is a collective work under copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of the Content associated with our Services.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of our Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to this Agreement and does not include the right to use any data‑mining tool, robots or other automatic or manual device, artificial intelligence, software, program, code, algorithm, or methodology, to access, copy, or monitor any portion of our Services or Content, or in any way to reproduce or circumvent the navigational structure or presentation of our Services or Content, or to obtain or attempt to obtain any materials or information through any means not purposely made available by us through our Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform, or display publicly, prepare derivative works based on, broadcast, exploit, or use any part of the Content on our Services except as expressly provided in this Agreement. Nothing in this Agreement shall be construed as transferring any right, title, or interest in our Services or its Content to you or anyone else, except the limited license to use our Services and its Content on the terms expressly set forth herein.

Notwithstanding the foregoing, and specifically with regard to trademarks, the LaborWorx names and logos (including, without limitation, those of our affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within our Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of LaborWorx and/or our affiliates (the “LaborWorx Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within our Services are the property of their respective owners. You are not authorized to display or use the LaborWorx Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within our Services without the prior written permission of such owners. The use or misuse of the LaborWorx Marks or other trademarks, product names, company names, logos, service marks and/or trade dress, or any other materials contained herein, except as permitted herein, is expressly prohibited. Any use of our Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Our Services and the entirety of its Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LaborWorx, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual‑property or proprietary‑rights laws.

These this Agreement permit you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, 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 our Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution; or
  • If you wish to make any use of material on our Services other than those uses set out in this section, please address your request to: info@laborworx.com.

You must not:

  • Modify copies of any materials from our Services;
  • 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 our Services; or
  • Access or use for any commercial purposes any part of our Services or any services or materials available through our Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of this Agreement, your right to use our Services will stop 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 our Services or any content on our Services are transferred to you, and all rights not expressly granted are reserved by LaborWorx.

Trademarks

The LaborWorx name, logos, product and service names, designs, and slogans are trademarks of LaborWorx and/or its affiliates or licensors. You must not use such marks without the prior written permission of LaborWorx. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of LaborWorx and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by LaborWorx.

  1. Prohibited Uses

You may use our Services only for lawful purposes and only in accordance with this Agreement. You agree not to use our Services:

  • 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 United States 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 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate LaborWorx, a LaborWorx employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or that, as determined by us, may harm LaborWorx or users of our Services, or expose them to liability.

Additionally, you agree not to:

  • Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including that party’s ability to engage in real‑time activities through our Services;
  • Use any automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
  • Use any manual process to monitor or copy any of the material on our Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of our Services;
  • Introduce any material that is malicious or technologically harmful or attack our Services via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of our Services.
  1. User Generated or Uploaded Information

You are responsible for all content you provide to LaborWorx related to our Services. To the extent applicable, you represent that you own or have the authority to use any content you enter on our Services through contacting us, uploading documents, or other forms. We do not claim any copyrights in your documents. However, by using our Services, you are granting us and our affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty‑free, and non-exclusive license to exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any documents or information you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. By employment and qualifications related files, you give us permission to store your information on our Services and to share your information with workforce partners.

When providing your information to LaborWorx, you agree not to:

  • Send any documents that is protected by copyright, trademark, privacy, or publicity rights, trade‑secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right; you are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from documents or information you transmit;
  • Send any documents or information that is harmful, hateful, threatening, abusive, harassing, defamatory or libelous, sexually explicit, vulgar, lewd, obscene, pornographic, offensive, inappropriate, or inflammatory;
  • Send any documents or information that you know (or reasonably should know) is false, deceptive, or misleading;
  • Send any documents or information that contains software viruses or any other programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Send any private information about another person, including addresses, phone numbers, email addresses, and other personal information;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  • Use our Services to solicit money, goods, or services for private gain or for charitable purposes;
  • Use our Services to promote political views or candidates;
  • Use our Services to advertise any goods or services or to solicit the purchase or sale of any products or services;
  • Use our Services to transmit chain letters or junk email;
  • Use our Services to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
  • Use our Services in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Services;
  • Use our Services to harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Use our Services in a manner that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Services;
  • Use our Services in a manner that suggests an association with LaborWorx or any of our affiliates or employees;
  • Use our Services in a manner that violates any laws or regulations; or
  • Use our Services in any way that violates this Agreement.

All information we collect on our Services are subject to our Privacy Notice. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

  1. Publicly Posting or Viewing user content

Our Services may allow users to post and/or provide content that may be viewable by others, including, but not limited to, job advertisements, screening requirements, screening questions, screening criteria, company information, a job seeker’s application information, content of messages, resumes, logos, trademarks, comments, questions, and other content or information. User content is the sole responsibility of the person or entity that provided the user content. You shall be solely responsible for your user content and the consequences of posting, providing or publishing it.

You agree that LaborWorx makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, job advertisements and resumés. You further agree that LaborWorx acts as a passive conduit for the distribution, provision, and publication of user content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of user content, and accordingly, you accept that LaborWorx is not responsible and has no liability for user content. You understand that you may be exposed to user content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of user content, including, without limitation, and content of messages. Your reliance on any user content is at your own risk.

Notwithstanding the foregoing, although LaborWorx has no obligation to screen user content, to the extent that LaborWorx becomes or is made aware of user content that may or does (i) violate the terms of this Agreement or any other agreement you have with LaborWorx, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for LaborWorx or otherwise negatively impact LaborWorx, LaborWorx reserves the right to reject and/or remove such user content, and suspend and/or terminate any user account associated with such user content.

Please note Section 230 of the U.S. Communications Decency Act (“CDA”) is intended to exclude or limit the liability of online service providers such as LaborWorx, when such online service providers provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).

The decision by LaborWorx to remove or not post or distribute any user content, does not by itself amount to participation in the creation of such user content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA. LaborWorx reserves the right to disclose user content and any information related to the provider of such user content, to third parties in connection with the operation and provision of our Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of LaborWorx where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any user content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.

  1. Information Security

Unfortunately, the transmission of information over the internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your data, including personal information, for improper purposes. You acknowledge that you provide your personal information at your own risk. Please refer to our Privacy Notice for information regarding how we collect, process, share and store your personal information.

  1. Reliance on Information Posted

The information presented on or through our Services are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.

Our Services may reference content provided by third-parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LaborWorx, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the LaborWorx. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Links

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Services may provide certain social‑media features that enable you to link from your own or certain third-party websites to certain content on our Services. You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause our Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or
  • Otherwise take any action with respect to the materials on our Services that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

If our Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the individual terms of such websites.

  1. Geographic Restrictions

The owner of our Services is based in the state of Georgia in the United States. We provide our Services for use only by persons located in the United States. We make no claims that our Services or any of its content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access our Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HARBINGER NOR ANY PERSON ASSOCIATED WITH HARBINGER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HARBINGER NOR ANYONE ASSOCIATED WITH HARBINGER REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HARBINGER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HARBINGER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless LaborWorx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of our Services, any use of content, from our Services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from our Services.

  1. Governing Law and Jurisdictions

All matters relating to our Services, any activity related to our Services, or this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non‑contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the state of Georgia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or our Services shall be instituted exclusively in a United States District Court for the Northern District of Georgia or a state court located in Fayette County, Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in the jurisdiction in which you reside. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Claim Limitation

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Agreement to Arbitrate

This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against LaborWorx to binding and final arbitration to the extent that the laws of the jurisdiction where you reside permit the inclusion of Arbitration provision in this Agreement. You will only be permitted to pursue claims against LaborWorx on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 18 is enforceable, the following mandatory arbitration provisions apply to you:

Binding Arbitration

This Section 18 is referred to in this Agreement as the “Agreement to Arbitrate”. Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and LaborWorx or its affiliates, whether relating to our Services, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”),available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and LaborWorx. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and LaborWorx may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Restrictions

You and LaborWorx agree that any arbitration shall be limited to the Dispute between LaborWorx and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

You and LaborWorx agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or LaborWorx intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

 

30 Day Right to Opt Out of Arbitration

You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 18 by sending written notice of your decision to opt-out to info@laborworx.com or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to LaborWorx within thirty (30) days of your registering to use our Services or agreeing to these terms, whichever occurs first, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

  1. Waiver and Severability

No waiver by LaborWorx of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LaborWorx to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is declared invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be removed from the this Agreement without affecting the rest of the this Agreement, and the remaining provisions of the this Agreement shall continue to be valid and enforceable.

  1. Entire Agreement

This Agreement and our Privacy Notice constitute the sole and entire agreement between you and LaborWorx regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

  1. Questions, Comments, and Concerns

Our Services are operated by LaborWorx at 2002 Commerce Dr N Suite 100 Peachtree City, GA 30269. All notices of copyright‑infringement claims, feedback, comments, requests for technical support, required notifications, and other communications relating to our Services should be directed to: info@laborworx.com or 2002 Commerce Dr N Suite 100 Peachtree City, GA 30269.