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.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.

  1. 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.
  2. 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 process for the Service will be used and stored in accordance with the WorkWeek Privacy Policy. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
    1. 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.
    2. 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: HTTPS://STRIPE.COM/CA/CONNECT-ACCOUNT/LEGAL, 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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: https://stripe.com/ca/prohibited-businesses. 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.
    7. 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.
    8. 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 https://stripe.com/us/legal, (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 by Stripe.
  7. 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.
  8. 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:
    1. copy any content unless expressly permitted to do so herein;
    2. upload, post, email, transmit or otherwise make available any material that:
      1. 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;
      2. You do not have a right to make available under any law or under a contractual relationship;
      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
      4. 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;
      5. 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
      6. 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;
    3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
    4. 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;
    5. 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;
    6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
    7. collect or store personal data about other users or viewers;
    8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
    9. 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.
  9. 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 Privacy Policy. WorkWeek will not be responsible or liable for any use of User Content 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.
  10. 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 Service.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. ARBITRATION AND CLASS ACTION WAIVER
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  19. 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 workweek.com.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. General. These Terms of Service, together with the WorkWeek Privacy Policy, 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