Terms of Service
WORKWEEK, INC. D/B/A WORKWEEK™ ( “WORKWEEK” / “WE” / ”US” / “OUR” )
OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://WORKWEEK.COM/ ( “WEBSITE” ),
AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE WORKWEEK MOBILE APPLICATION ( THE “APP” ).
THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE,
USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP AND USERS WHO SIMPLY VIEW THE CONTENT
ON OR AVAILABLE THROUGH THIS WEBSITE.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE AND APP. BY USING THIS WEBSITE AND/OR THE APP YOU INDICATE
YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR
THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY WORKWEEK FROM
TIME TO TIME WITHOUT NOTICE AND THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS
YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE
TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED
TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT
THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.
The Service. The WorkWeek service enables users to run a mobile service business including without
limitation CRM, scheduling, billing, invoicing and payment integration functions, as well as the WorkWeek payment
processing service, all as further described on the Website ( the “Service” ) and the underlying
hardware, software, network storage and related technology required to run the Service is provided by WorkWeek and
its third party vendors and hosting partners.
Registration. You must provide your full legal name, a valid email address and any other information
requested in order to complete the signup process. Any personal information provided by you as part of the sign up
We also collect email addresses from any Users of the Service that downloads content from the Website. If you register
for the Service on behalf of a business organization, that business organization will be the legal and beneficial
account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an
individual, or on behalf of an organization, the billing contact person will be the default Account Owner ( the “Account
Owner” ). The Account Owner will have certain rights within the account, including the right to cancel the account,
delete information from the account and appoint administrators. The Account Owner can also appoint a new Account
Owner if the billing contact is not the appropriate person to manage the account.
Electronic Signatures. You acknowledge and agree that you and we may, from time to time, find it expedient
to utilize electronic signature(s), acknowledgement(s), consent(s), 'click-through(s),' or other approval(s), direct or indirect,
necessary or incidental to the transaction of business with WorkWeek, whether online, in emails, or otherwise, which makes
your business with us easier, faster, and more efficient. To that end, you agree that any such forms of approval from you
shall be effective and binding upon you, in the same manner as a handwritten signature, where circumstances indicate your
intent to be bound and/or we choose to rely on such approval(s). Regardless of whether your consent or approval was given,
or in what form, you agree that you will be deemed to have ratified any transaction that you do not dispute in writing within
24 hours of confirmation by WorkWeek.
Fees, Payments, Refunds, Upgrading and Downgrading. Information on the current fees for users who
are registered for the Services can be found in the billing section of Your account. If you are a new User or prospective
User of the Service and would like more information about our pricing models and products, please see our homepage,
located at https://workweek.com. From
time to time, we may offer a free trial of the Service, in our sole discretion. A valid credit card is required for
paying accounts. If you sign up for a monthly paid account, and you don’t cancel that account before the end of any
provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior
to the processing of your first invoice (i.e., up to and including the last day of your free trial), your access to
the Services will terminate, and your credit card will not be charged. The Service is billed in advance on a monthly
basis and is non-refundable. If you sign up for an annual paid account, we will bill you for the entire year on the
date that you sign up for this account. There will be no refunds or credits for partial months of service, upgrade
or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions
will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall
be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a
pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade
your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the
loss of User Content, features, or capacity of your account. WorkWeek does not accept any liability for such loss.
If you cancel the Service before the end of your current paid up month, your account will remain open until the end
of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for
the next month or be able to access your account. Prices of all Services, including but not limited to monthly subscription
plan fees to the Service, are subject to change upon 14 days’ notice from us. Such notice may be provided by email
or through an in-App notification.
No Right to Do Business. You have no obligation to do business with us. Likewise, you agree and acknowledge
that we have no obligation to do business with you. We are affiliated private businesses; we reserve the right to cease doing
business with you or anyone else, at any time, for any reason or no reason, in our sole discretion, collectively or separately
among our affiliates; and you shall have no right, remedy, or cause of action for same. You acknowledge and agree that there
are numerous sources, other than WorkWeek, for you to acquire business support services and software.
WorkWeek Payments. The Service may include access to a white-labelled payment solution which will
be called WorkWeek Payments, which assists Users with accepting and processing payments from customers, and which
is provided by one of WorkWeek’s third party service providers, Stripe, on behalf of WorkWeek. WorkWeek Payments
is made available to customers in good standing, and at the sole discretion of WorkWeek. WorkWeek reserves the right
to collect certain additional information from customers in order to provide this service.
Payments Services Features. If you register for WorkWeek Payments, WorkWeek Payments will be able to
process credit card or ACH payments through your WorkWeek account, process full credit card and ACH payment refunds, and allow
your end users to process payment via email. WorkWeek Payments will also store and manage end user credit cards,
permit you to view transactions, deliver automated receipts, receive notification of payment disputes.
STRIPE CONNECTED ACCOUNT AGREEMENT. IN ORDER TO USE WORKWEEK PAYMENTS, YOU MUST FIRST AGREE TO THE STRIPE
CONNECTED ACCOUNT AGREEMENT AND THE STRIPE SERVICES AGREEMENT, WHICH YOU CAN REVIEW HERE:
AND WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. BY ORDERING OR REGISTERING FOR WORKWEEK PAYMENTS,
YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THE STRIPE CONNECT AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
Accuracy of Information. As between You and WorkWeek, you are responsible for all the information you provide in
connection with registering for, and using the WorkWeek Payments features of the Services. You hereby represent and warrant that
you are providing true, accurate, and complete information to WorkWeek, and shall fully indemnify WorkWeek for any losses, costs, expenses
incurred by WorkWeek or any third party arising as a result of your failure to provide accurate, timely, and complete information.
No Liability for Third Party Services. The Stripe Connected Account Agreement is between Stripe and You,
and WorkWeek shall not have any liability or responsibility for any breach of the Stripe Connected Account Agreement, or any
losses, damages, expenses, costs, or other injuries incurred by You in connection with such agreement.
User Authorization. If you subscribe to WorkWeek Payments, You hereby authorize WorkWeek to collect
certain payment information and data (including account and transaction data, and certain personal information about your end
users), and to store, use, and process such information data for the purposes of providing the WorkWeek Payments service.
User Covenants. You hereby covenant, represent, and warrant that you will not use the WorkWeek Payments for any
illegal, deceptive or fraudulent activity, including for any illegal businesses, including, without limitation,
the Stripe Prohibited Business list, found here:
WorkWeek hereby reserves the right, in its sole discretion, at any time, to suspend or terminate Your account
if We have a good faith reason to believe You or any end user has engaged in any fraudulent or illegal activities,
or are engaging in prohibited business activity, and to provide any relevant information to the applicable authorities
in connection with any investigation of the same.
Payment Disputes. As between You and Your end users, all payment disputes between You and Your end users
arising in connection with Your use of WorkWeek Payments are between You and such end users and not you and WorkWeek
or WorkWeek and your end users. WorkWeek shall not be liable or responsible in any way for any payment dispute
between you and any third party that uses the WorkWeek Payments feature to process payments via your subscription for the Service.
You hereby agree to indemnify, defend, and hold WorkWeek harmless for any costs, damages, claims, losses, expenses, liabilities
incurred by WorkWeek in connection with any payment dispute arising between You and any end user or other third party.
WorkWeek limitation of Liability. Because the WorkWeek Payments feature is provided and hosted by a third
party service provider, we are not responsible for, and expressly disclaim all direct and indirect, incidental,
consequential, punitive, exemplary, special or other damages in connection with (i) any technical issues, errors,
unavailability or failures, losses, damages, loss of data, lost profits or other losses or claims originating
from or arising in connection with the Stripe Connected Account Platform; (ii) any unauthorized access, hacking,
tampering with or to your account or the Stripe Services by third parties; or (iii) any software, bugs, viruses,
Trojan horses, or other harmful and malicious code that may be transmitted via the Stripe platform. In certain
circumstances detailed in the Stripe Services Agreement, located at
(which is incorporated by reference into the Stripe Connected Account Agreement), Stripe may withhold or delay
processing transfers and transactions, and WorkWeek shall not be responsible in any way for any such action taken
Content. All information, data, text, software, music, sound, photographs, graphics, video, messages
or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”),
is the sole responsibility of such viewers or users. This means that the viewer or user, and not WorkWeek, are entirely
responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the
Service. WorkWeek does not control or actively monitor User Content and, as such, does not guarantee the accuracy,
integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials
that are offensive, indecent or objectionable. Under no circumstances will WorkWeek be liable in any way for any
materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in
any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of
any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service. WorkWeek reserves the right at all times (but
will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary
to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of
Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud,
security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety
of our users and the public.In using the Website, App and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic,
libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal
behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including
- use communication features of the Service (or other functionality made available through the Service) to transmit
unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications equipment or data or the Website
or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading,
or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to
or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements,
procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability
of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or
- modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify,
or reverse engineer any part of the App or any software provided as part of the Service or to falsely imply that
another website is associated with the Service, WorkWeek or any other WorkWeek service, except to the extent
the foregoing restrictions are expressly permitted by applicable law. You also agree not to access the Website
or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for
an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or
significantly exceeds the average bandwidth usage (as determined solely by WorkWeek) of other WorkWeek customers,
we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your
bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other
bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content to WorkWeek. By submitting, posting or displaying User Content on or through the
Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use,
copy, modify, transmit, display and distribute such User Content to the extent necessary to provide the Services.
We will not share end user data or Customer Content with any third parties, except as set out in our
in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any User Content that you submit.
End User License. Except for User Content, the App, this Website, and the information and materials
contained therein, are the property of WorkWeek and its licensors, and are protected from unauthorized copying and
dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service,
WorkWeek grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download,
install and use one copy of the App on a mobile device that you own or control for your use ( the “License” ).
The App is licensed to you and not sold. Nothing in the Terms of Service gives you a right to use the WorkWeek names,
trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall
not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release,
update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of
WorkWeek's Proprietary Rights. You agree and acknowledge that WorkWeek's products and services, and any
software used in connection with WorkWeek's products and services, and the materials on the various WorkWeek websites, contain
proprietary and confidential information that is protected by intellectual property and other laws. Further, you agree and
acknowledge that in the performance of its services, WorkWeek may generate materials, including, but not limited to, photographs,
reports, visuals, narratives, transactional records, and other data and documents derived from the foregoing, and that WorkWeek
shall own the rights to such materials. Except as explicitly provided in these terms and conditions, you may not take, appropriate,
convert, distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the
WorkWeek generated materials. You may not use any WorkWeek trademark or service mark without WorkWeek's prior written consent.
Feedback. If You provide WorkWeek with any suggestions, comments or other feedback relating to any
aspect of the Website, App and/or Service ( “Feedback” ), WorkWeek may use such Feedback in the
Website, App, Service and/or in any other WorkWeek products or services ( collectively, “WorkWeek Offerings” ).
Accordingly, You agree that: (a) WorkWeek is not subject to any confidentiality obligations in respect to the Feedback,
(b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the
necessary rights to disclose the Feedback to WorkWeek, (c) WorkWeek (including all of its successors and assigns
and any successors and assigns of any of the WorkWeek Offerings) may freely use, reproduce, publicize, license, distribute,
and otherwise commercialize Feedback in any WorkWeek Offerings, and (d) You are not entitled to receive any compensation
or re-imbursement of any kind in respect of the Feedback.
Advertising. You acknowledge and agree that the Website and App may contain advertisements. If You
elect to have any business dealings with anyone whose products or services may be advertised on the Website or App,
You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge
and agree that WorkWeek shall not have any responsibility or liability for any losses or damages that You may incur
as a result of any such dealings.
Links & Third-Party Websites and Integrations. The Website and App (including User Content) may
contain links to other websites that are not owned or controlled by WorkWeek or may make it possible for you to elect
to use third party services with the Service where such third party service providers have integrated with the Service
( “Third Party Integration Partners” ). In no event shall any reference to any third party, third party
product or service be construed as an approval or endorsement by WorkWeek of that third party, third party product
or service. WorkWeek is also not responsible for the content of any linked websites or for the delivery of any product
or service offered by third parties including Third Party Integration Partners. In order to receive access to a Third
Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third
Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required
to pay a fee to WorkWeek to turn on the third party service. Any third-party websites or services (including those
offered by Third Party Integration Partners) are subject to the terms and conditions of those websites and or services
and You are responsible for determining those terms and conditions and complying with them. The presence of a link
to any other website(s) does not imply that WorkWeek endorses or accepts any responsibility for the content or use
of such websites, and You hereby release WorkWeek from all liability and/damages that may arise from Your use of
such websites or receipt of services from any such websites. While WorkWeek does not prohibit linking to third party
websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or
transmits any of the prohibited content in Section 6 of these Terms of
Service. WorkWeek reserves the right to prohibit or remove (or require You to remove) any link to the Website, including,
without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, APP AND ALL MATERIALS
PROVIDED THEREIN ARE PROVIDED “AS IS” AND WORKWEEK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR
SPECIFIC REQUIREMENTS OR EXPECTATIONS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT RESULTS OBTAINED
FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IN ADDITION,
WORKWEEK SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY,
BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY
SUCH MATERIAL. WORKWEEK DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME
ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN
RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING
ON THE WEBSITE, AND WORKWEEK SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD
PARTY. WORKWEEK WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WORKWEEK BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES
THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE
WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE
SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION
EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, OR (V) ANY ERRORS OR OMISSIONS
IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE
WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF WORKWEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, WORKWEEK’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO
THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED
TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50.00) OR (B) AMOUNTS YOU’VE PAID WORKWEEK IN THE PRIOR 12 MONTHS (IF ANY).
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD WORKWEEK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED
OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF
ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION.
Choice of Law and Consent to Jurisdiction. These terms and conditions shall be governed by the internal
laws of the State of Tennessee (U.S.A.), where WorkWeek maintains its headquarters, and without regard to Tennessee’s
internal conflicts of law analysis. In the event that any claim or dispute between WorkWeek and you is not arbitrated under
the Section 19 hereof, you agree that
non-exclusive jurisdiction and venue for such claims and disputes shall exist in the federal and state
courts located in Hamilton County, Tennessee. You further agree and acknowledge that you may not sue WorkWeek in any jurisdiction
or venue except Hamilton County, Tennessee.
ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION AGREEMENT. YOU AGREE TO ARBITRATE ANY DISPUTE OR CLAIM THAT YOU MAY HAVE WITH WORKWEEK THAT ARISES OUT OF OR
RELATES IN ANY WAY TO THESE TERMS AND CONDITIONS; ANY PURCHASE, SALE, OR OTHER TRANSACTION WITH WORKWEEK;
YOUR USE OF ANY WORKWEEK WEBSITE, ONLINE PORTAL OR ANY WORKWEEK PRODUCT OR SERVICE; OR ANY OTHER AGREEMENT BETWEEN YOU AND
WORKWEEK. ARBITRATION CONDUCTED HEREUNDER SHALL BE FINAL AND BINDING. THIS ARBITRATION PROVISION MEANS THAT YOUR CLAIMS AGAINST
WORKWEEK WILL BE RESOLVED THROUGH ARBITRATION RATHER THAN LITIGATION IN COURT. YOU ACKNOWLEDGE THAT WORKWEEK MAY (BUT SHALL
NOT BE REQUIRED TO) SUBMIT TO ARBITRATION ANY DISPUTE OR CLAIM THAT IT MAY HAVE AGAINST YOU, WITH ANY SUCH ARBITRATION BEING
GOVERNED BY THE PROVISIONS OF THIS SECTION 19.
ABILITY TO OPT OUT. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT (SECTION 19 ONLY) FOR ANY FUTURE BUSINESS
WITH WORKWEEK AND DOING SO WILL NOT IN ANY WAY PREJUDICE OR AFFECT YOUR DEALINGS WITH WORKWEEK. TO EXERCISE THIS OPT OUT RIGHT,
YOU MUST PROVIDE WRITTEN NOTICE OF YOUR ELECTION TO OPT OUT TO WORKWEEK AT WORKWEEK, ARBITRATION OPT-OUT, PO BOX 4578 CHATTANOOGA, TN 37405
NO LATER THAN 30 DAYS AFTER YOUR INITIAL ACCEPTANCE OF THESE TERMS AND CONDITIONS AS SET FORTH IN THE FIRST, SECOND, AND THIRD PARAGRAPHS HEREOF.
THE PROCEDURE SPELLED OUT HEREIN IS THE ONLY WAY TO OPT OUT OF THIS ARBITRATION AGREEMENT, AND ANY ATTEMPTS TO OPT OUT AFTER
THE DEADLINE SET FORTH HEREIN WILL BE INEFFECTIVE.
CLASS ACTION WAIVER. ANY ARBITRATION PROCEEDING UNDER THIS SECTION 19 WILL TAKE PLACE ON AN INDIVIDUAL
BASIS. CLASS ARBITRATIONS AND CLASS OR REPRESENTATIVE PROCEEDINGS OF ANY KIND ARE NOT PERMITTED AND YOU EXPRESSLY WAIVE YOUR
ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING AGAINST WORKWEEK. TO THE EXTENT THAT YOU OPT OUT OF ARBITRATION
FOLLOWING THE PROCEDURE SET FORTH IN SECTION 19(b) ABOVE, OR IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO YOUR
DISPUTE WITH WORKWEEK, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION. YOU AGREE THAT THIS CLASS ACTION WAIVER
IS AN ESSENTIAL ELEMENT OF OUR AGREEMENT AND THESE TERMS AND CONDITIONS AND THAT IT MAY NOT BE SEVERED. IN THE EVENT THAT
THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE AGREEMENT TO ARBITRATE IN THIS SECTION 19 WILL
BE NULL AND VOID.
Arbitration Procedures/Arbitrator Authority. Any dispute or claim subject to arbitration pursuant to this
Section 19 shall be submitted to binding arbitration administered by the Judicial Arbitration and Mediation Service ("JAMS")
pursuant to its Streamlined Arbitration Rules and Procedures as in effect at the time of the submission of such dispute or
claim (the "JAMS Streamlined Rules"). The disputes and claims subject to arbitration pursuant to this Section 19 will be
resolved by a single arbitrator selected pursuant to the JAMS Streamlined Rules. The arbitrator shall be bound by and shall
strictly enforce these terms and conditions and any other applicable agreement between you and WorkWeek, and may not limit,
expand, or otherwise modify any of these terms and conditions or the provisions of any other applicable agreement between
you and WorkWeek. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained
in these terms and conditions. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief
awarded by the arbitrator may not extend beyond our dealings with each other. The laws of the State of Tennessee will apply
to any claims or disputes between us. Any arbitration will be held in Chattanooga, Tennessee, unless otherwise agreed upon by the
parties in writing. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration;
provided, however, that the arbitrator shall award WorkWeek any costs and fees to which WorkWeek may be entitled under Section
15 in connection with any indemnification claim, and may also, in his or her discretion, award costs and fees to WorkWeek
if it is determined that you submitted or filed any arbitration in bad faith or that your claims against WorkWeek have no
reasonable legal basis.
Application of FAA/Survival. You agree that your transactions with WorkWeek evidence transactions in interstate
commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 19 (notwithstanding
the application of Tennessee law to any underlying claims as provided for in clause (d) above). You also agree that this Section
19 survives any termination of these terms and conditions or any other agreement between us.
Communications. You hereby expressly authorize us to communicate with you via facsimile transmissions, email,
telephonic transmissions, both to a residential telephone line and/or cell phone, including text messaging, using an automatic
telephone dialing system or an artificial or prerecorded voice message, and/or any other forms of communication, for any
purpose, including general business matters, account information, marketing materials, collection, and/or any other communication
needs. Such express permission shall extend to any and all of the contact information that you have provided to us herein
or otherwise, including physical and email addresses, phone numbers, fax numbers, etc., and to such other addresses, phone
numbers, email addresses, online chat, social media platforms, etc. that you may provide to us, or that we may obtain from
any third party at a later date. You may opt out of receiving such communications by adjusting your account settings at
Termination. You are solely responsible for properly cancelling your account. You can cancel your
account at any time by calling us and notifying us of your desire to cancel your account. However, please see
Section 2 above for details that the effect of cancellation has on your payment obligations.
WorkWeek may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website
or App or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of
these Terms of Service or any other agreement that You may have with WorkWeek (including, without limitation, non-payment
of any fees owed in connection with the website or otherwise owed by You to WorkWeek), (b) requests by law enforcement or
other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the website
(or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly
or indirectly, in fraudulent or illegal activities; or (g) verbal, physical, written or other abuse (including threats of
abuse or retribution) of any WorkWeek customer, employee, member or officer will result in immediate termination of Your
account. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded
by You. You acknowledge and agree that all terminations may be made by WorkWeek in its sole discretion and that WorkWeek
shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal
of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by WorkWeek shall be in
addition to any and all other rights and remedies that WorkWeek may have.
Availability & Updates. WorkWeek may alter, suspend, or discontinue the Website, App and/or Service
at any time and for any reason or no reason, but will endeavor to provide notice of the same. The Website, App and/or
Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or
other reasons. WorkWeek may periodically add or update the information and materials on this Website without notice.
Security. Information sent or received over the Internet is generally unsecure and WorkWeek cannot
and does not make any representation or warranty concerning security of any communication to or from the Website
or any representation or warranty regarding the interception by third parties of personal or other information. You
understand that the technical processing and transmission of the Service, including Your Content, may be transferred
unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. You are responsible for safeguarding the password that you use to
access the Service and you are responsible for any activities or actions under your password. You agree to keep your
password secure. If you create an account on behalf of a corporation or entity, you are responsible for any actions
of administrative users you add to your account and you are liable for any payment obligations that they incur for
example by selecting specific paid features or services. User accounts are intended for one user only and are not to be
shared by multiple users. WorkWeek will not be liable for any loss or damage arising from your failure to comply
with these requirements.
Confidentiality. “Confidential Information” means information of a party ( “Disclosing Party” )
that the other party ( “Receiving Party” ) receives in connection with the Services, which based
on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing
Party, including, without limitation, customer information, transactional information and any other non-public content
posted, transmitted or accessed through the Services. A Receiving Party shall (i) limit access and use of Disclosing
Party’s Confidential Information to those of Receiving Party’s employees and agents that require such access and
use in connection with the Services; (ii) not disclose Disclosing Party’s Confidential Information to third parties,
unless authorized under this Section of the Terms; (iii) protect the Disclosing Party’s Confidential Information
as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care;
and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its
obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving
Party from disclosing Confidential Information to a third party to the extent that such Confidential Information
is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation
of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving
Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential
Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential
Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful
order or judicial order In the event that WorkWeek receives a request or order to release your Confidential Information,
we will notify You promptly (to the extent permitted by law), so that You may seek a protective order to prevent
the disclosure of your Confidential Information.
Understanding of Terms and Conditions. You acknowledge and agree that you understand these terms and conditions
written in English and that you have sought the help of an attorney and/or translator as you deem necessary to understand
it. The Parties hereto agree that this agreement, and all correspondence and all documentation relating to this agreement,
be written in the English language. Any translated version of any of these terms and conditions offered by WorkWeek is
provided as a courtesy only, with the English version being the binding version.
constitutes the entire agreement between the parties relating to the Website and Service and all related activities.
These Terms of Service shall not be modified except in writing signed by both parties or by a new posting of these
Terms of Service issued by WorkWeek. If any part of these Terms of Service is held to be unlawful, void, or unenforceable,
that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
The failure of WorkWeek to exercise or enforce any right or provision under these Terms of Service shall not constitute
a waiver of such right or provision. Any waiver of any right or provision by WorkWeek must be in writing and shall
only apply to the specific instance identified in such writing. You may not assign the Terms of Service, or any rights
or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without WorkWeek’s prior written
consent. We may assign these Terms of Service without restriction. The Terms of Service shall be governed by the
laws of the State of Tennessee without regard to choice of law principles.
Date of Last Update: March 3, 2017