Agreement to Terms. By using our Services, you agree to be bound by these Terms.If you don’t agree to be bound by these Terms, do not use the Services.If you are accessing and using the Services on behalf of a company(such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.In that case, "you" and “your” will refer to that company or other legal entity.
Werk also offers FlexMatch, a service designed to allow you to assess your workplace flexibility.Access to and use of FlexMatch is subject to the terms of a separate agreement signed between Werk and you.If you are interested in FlexMatch, please visit https://werk.co/companies for more information.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING(WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WERK THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION(INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion.If we do so, we’ll let you know either by posting the updated Terms on the Sites or through other communications.It’s important that you review the Terms whenever we update them or you use the Services.If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms.If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) "Effect of Changes on Arbitration," you may not use the Services anymore.Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services ?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Werk and are not barred from using the Services under applicable law.
(b) Registration and Your Information. If you want to use certain features of the Services, you’ll have to create an account("Account") via the Sites.For example, if you are a job seeker looking to browse our Job Board you’ll have to create an account.If you are business, organization or other legal entity(each an “ Enterprise User ”) posting to our Job Board or looking to authorize your employees to use certain features of the Services you’ll also be required to sign up and create an Account.Please also refer to Section 7 for additional registration information.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up - to - date information for your Account and you agree to update such information to keep it accurate, complete and up - to - date.If you don’t, we might have to suspend or terminate your Account.You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account.You’re responsible for all activities that occur under your Account, whether or not you know about them.
Payments. Werk requires payment of a fee for use of certain portions of the Services.When you make a payment to use any portion of the Services(each payment, a "Transaction"), you expressly authorize us(or our third - party payment processor) to charge you for such Transaction.We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification(such information, “ Payment Information ”).You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected(plus any applicable taxes and other charges).You may need to provide additional information to verify your identity before completing your Transaction(such information is included within the definition of Payment Information).We reserve the right to cancel your Transaction for any reason.
Werk Job Board .The "Werk Job Board" is a feature of our Services designed to help employers showcase flexible work opportunities and help users identify and apply to them.Werk does not participate, directly or indirectly, in the recruitment process for positions posted in the Werk Job Board.When a position posted in the Werk Job Board(a “ Job Post ”) is marked as a “Werk verified Job”, Werk has determined through its review processes that such position contains at least one work flexibility type under Werk’s Flexverse (visit https://werk.co/flexibility-101 for more details on Flexverse).Notwithstanding our efforts, WERK CANNOT AND DOES NOT GUARANTEE THAT WORK FLEXIBILITY WILL BE OFFERED BY AN EMPLOYER AS DESCRIBED IN THE RESPECTIVE JOB POSTS OR AS OTHERWISE REPRESENTED BY THE EMPLOYER, INCLUDING IN CONNECTION WITH ANY WERK VERIFIED JOBS.In addition, you understand and agree that Werk makes no representation(i) as to the accuracy of the position’s description and other information contained in any Job Post, (ii) that you will be considered for any position, or(iii) that you will receive an offer for any position posted to the Werk Job Board.
Specific Terms for Enterprise Users.
(c) Werk Job Board.
(iii) You are solely responsible for the Job Posts you submit and the content thereof.Please see Section 9 below for additional terms applicable to the content of your Job Posts.Without limiting the prohibitions stated in Section 10, you agree not to submit a Job Post that:
contains false information or mispresents the terms and conditions of a W - 2 position;
contains hyperlinks, unless otherwise authorized by Werk;
refers to more than one job or job description, or more than one location;
violates any laws or regulations relating to labor and employment, equal employment opportunity and employment eligibility requirements;
includes any screening criteria where such criteria is not an actual and legal requirement of the posted Position;
refers to, or contains advertisement for, competitors of Werk or contains a link to any website competitive with Werk;
requires an up - front or periodic payment or requires recruitment of other members, sub - distributors or sub - agents;
refers to any franchise, pyramid scheme, "club membership", distributorship, multi - level marketing opportunity, or sales representative or agent arrangement;
refers to a position that requires citizenship or lawful permanent residence in any particular country as a condition of employment, unless otherwise required in order to comply with applicable laws and regulations; or
Feedback. We welcome feedback, comments and suggestions for improvements to the Services("Feedback").You can submit Feedback by emailing us at email@example.com.You grant to us a non - exclusive, transferable, worldwide, perpetual, irrevocable, fully - paid, royalty - free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content Ownership, Responsibility and Removal.
Without limiting the foregoing, we encourage you to exercise good judgement when you post, upload, publish, submit or transmit Content to the Services that refers to your workplace or employer.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.We have the right to investigate violations of these Terms or conduct that affects the Services.We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources. The Services may contain links to third - party websites or resources.We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites.You acknowledge sole responsibility for and assume all risk arising from, your use of any third - party websites or resources.
Termination. We may terminate your(or any Authorized User’s) access to and use of the Services, at our sole discretion, at any time and without notice to you.You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org(mailto: email@example.com).Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 9(a), 9(b), 9(c), 13, 14, 15, 16, 17, and 18.
Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON - INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error - free basis.We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Indemnity. You will indemnify and hold harmless Werk, its affiliated entities, and their respective officers, directors, employees, agents and assigns, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorney’s fees and costs and accounting fees, arising out of or in any way connected with (i) your(or any Authorized User’s) access to or use of the Services or Content, (ii) your User Content, (iii) your(or any Authorized User’s) violation of these Terms; (iv) any claim from any source(including, but not limited to, any Authorized User, visitor to our Sites, federal, state or local administrative agency, and whether on behalf of an individual or a purported class of individuals) that Werk is an employer of any Account holder or visitor to one of our Sites, including the Werk Job Board, or any claims for discriminatory failure to hire or other claims relating to hiring.
Limitation of Liability.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions.Except as otherwise expressly set forth in Section 17 "Dispute Resolution," the exclusive jurisdiction for all Disputes(defined below) that you and Werk are not required to arbitrate will be the state and federal courts located in the State of New York, and you and Werk each waive any objection to jurisdiction and venue in such courts.
(c) Conducting Arbitration and Arbitration Rules.The arbitration will be conducted by the American Arbitration Association("AAA") under its Consumer Arbitration Rules(the “ AAA Rules ”) then in effect, except as modified by these Terms.The AAA Rules are available atwww.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S.$10, 000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video - conference hearing, or by an in -person hearing as established by the AAA Rules.If your claim exceeds U.S.$10, 000, the right to a hearing will be determined by the AAA Rules.Any arbitration hearings will take place in the county(or parish) where you live, unless we both agree to a different location.The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.