Introduction
Welcome to WorkSmart eBusiness Solutions website. The following are the Terms & Conditions, governing the use of this website.
The term “WeBS”, “W.e.B.S.”, “WorkSmart”, “I”, “We”, “Us”, “Our” refers to WorkSmart eBusiness Solutions, and the owner of this website. The term “you” refers to the user or viewer of the website.
A. TERMS AND CONDITIONS APPLICABLE TO ALL USERS
WorkSmart eBusiness Solutions maintains this site for business, information and communication purposes. This document contains information relating to the Terms and Conditions of Use governing your access to and use of http://www.worksmartebusinesssolutions.com (the “Website” or “Site”) and all its contents therein. This website is free to use by our visitors. By using this website, you the user are agreeing to comply with and be bound by the following terms and conditions of use. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, you do not accept these Terms and Conditions of Use, or you do not wish to meet or comply with the provisions herein please do not use this website.
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
a) For users who are not or do not intend to be registered with or who are not subscribed to or do not intend to subscribe to the services of this Website, your continuing use of this Website will be deemed to be an acceptance of the Terms and Conditions of Use as it is applicable to all users, Section A.
b) For users who are registered and or intend to register with or subscribe to and or intend to subscribe to this Website via its services, Blog, Comments or Contact/Feedback form or any other authorized means of use, your use of this Website shall be subject to:
(i) Certain designated terms (see Section B below) in addition to those terms applicable to all users, and
(ii) Further conditions on your clicking on the submit, or send button upon completion of information on any form of inquiry, user subscription, request for quote, feedback/comments and or contact form found on the Website.
IF THESE TERMS AND CONDITIONS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes to Terms
WorkSmart eBusiness Solutions may, at any time, for any reason and without prior notice or notification to users, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms and Conditions of Use upon which access to this Website is conditioned. By your continuing use of this Website after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located any where. However, it is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of this Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Those who choose to access this Website do so at their own risk and are responsible for compliance with applicable local laws.
4. Governing Law, Location and Miscellaneous
These Terms and Conditions of Use shall be governed in all respects by the laws of the State of Massachusetts USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms and Conditions of Use, the Terms and Conditions of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. This Agreement shall be treated as though it were executed and performed in the State of Massachusetts, and shall be governed by and construed in accordance with the laws of the State of Massachusetts (without regard to conflict of law principles). Any cause of action by you with respect to this Site (and/or any information, documents, products or services related thereto) must be instituted within one (1) month after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
5. User Submissions and Communications – Public Areas
You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify WorkSmart eBusiness Solutions or its affiliates for all claims resulting from content you supply. If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to WorkSmart eBusiness Solutions by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted WorkSmart eBusiness Solutions a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. WorkSmart eBusiness Solutions may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas but privately to WorkSmart eBusiness Solutions. We try to answer every email in a timely manner when received, but are not or may not always be able to do so. Some of the forums (individual bulletin boards, blogs, blog comments, and posts on our social network sites, for instance) on the Website are not or may not be always moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating or monitoring the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. WorkSmart eBusiness Solutions has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum. WorkSmart eBusiness Solutions reserves the right (but is not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms and conditions of the section and determine in its sole discretion to remove or request the removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive or that otherwise fail to conform to these Terms and Conditions of Use.
(d) Terminate a Member's access to any or all Public Areas and/or the WorkSmart eBusiness Solutions Site upon any breach of these Terms and Conditions of Use.
(e) Monitor, edit, or disclose any communication in the Public Areas as required by law and in accordance with this Agreement.
(f) Edit or delete any communication(s) posted on the WorkSmart eBusiness Solutions Site, regardless of whether such communication(s) violate these standards.
WorkSmart eBusiness Solutions reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. WorkSmart eBusiness Solutions has no liability or responsibility to users of the WorkSmart eBusiness Solutions Website or any other person or entity for performance or nonperformance of the aforementioned activities.
6. Scope of Use and User E-Mail
You are only authorized to view and use the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. WorkSmart eBusiness Solutions shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms and Conditions of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of WorkSmart eBusiness Solutions is strictly prohibited.
7. Spamming
Gathering email addresses from WorkSmart eBusiness Solutions through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship, please contact admin@worksmartebusinesssolutions.com
8. Copyrights and Trademarks
The materials at this Site, as well as the content, or organization, or graphics, or design, or compilation, or magnetic translation, or digital conversion and or layout of this site, are copyrighted and are protected under applicable copyright, trademarks and or other proprietary United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use. However, any print out of this Site, or portions of the Site, must include WorkSmart eBusiness Solutions’ copyright notice.
9. Service Marks.
“WorkSmart eBusiness Solutions”; "WorkSmarter"; “http://www.worksmartebusinesssolutions.com”; “http://www.worksmartebusinesssolutions.com/blog”; “Client-First Philosophy”; “WorkSmarter NOT Harder”; " The Entrepreneurs' Project Plan"; “Bronze Star Time-Savers”; “Silver Star Work-Life”; “Savvy Work-Life Freedom"; “take your business to the cloud…worksmarter!…cut costs…not corners”; and “Leverage Resources…Regain Your Time…Improve Work-Life”; “W.e.B.S"; “WeBS”, “WorkSmart”, “Resourceful Me”; “Resourcefulme”; “marinicholas”; “Marinicholas” and others are our service marks and or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
10. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site usage by you and all information provided by you in any manner consistent with our Privacy Policy and Terms and Conditions of Use Agreement. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
11. Limited License and Permitted Use
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; and (b) to use the site solely in accordance within its intended purposes provided you maintain all copyright and other policies contained therein. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written and expressed permission of WorkSmart eBusiness Solutions, except as expressly provided under the "Scope of Use" Section, item 6 above. You may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of WorkSmart eBusiness Solutions. You may not use a part of this Website on any other Website, without WorkSmart eBusiness Solutions’ prior written consent. WorkSmart eBusiness Solutions respects the intellectual property rights of others and expects our Users/users to do the same. The policy of WorkSmart eBusiness Solutions is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact use at admin@worksmartebusinesssolutions.com.
12. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to WorkSmart eBusiness Solutions that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
13. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of WorkSmart eBusiness Solutions or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
14. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
15. Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, WorkSmart eBusiness Solutions does not control nor should it be taken as an endorsement nor are we responsible for their content, the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms and Conditions of Use policy stated here applies only to WorkSmart eBusiness Solutions’ website and the products and services WorkSmart eBusiness Solutions offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. WorkSmart eBusiness Solutions reserves the right to terminate any link or linking program at any time. WorkSmart eBusiness Solutions disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without WorkSmart eBusiness Solutions’ written expressed permission. If you are interested in linking to this Website, please contact admin@worksmartebusinesssolutions.com.
16. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
17. Third-Party Services.
We may allow or have access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by those Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and those Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND DISCRETION AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
18. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
19. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
20. No Warranties
THIS WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH WorkSmart eBusiness Solutions EXPRESSLY DISCLAIMS. WorkSmart eBusiness Solutions DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND WorkSmart eBusiness Solutions WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WorkSmart eBusiness Solutions MAKES NO REPRESENTATIONS OR WARRANTIES, THAT USE OF THIS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY WorkSmart eBusiness Solutions. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
21. Separate Agreements
You may have other agreements with WorkSmart eBusiness Solutions. Those agreements are separate and in addition to these Terms and Conditions of Use. These Terms and Conditions of Use do not modify, revise or amend the terms of any other agreements you may have with WorkSmart eBusiness Solutions.
22. Digital Millennium Copyright Act (DMCA), Copyright Policy and Copyright Agent
WorkSmart eBusiness Solutions respects the intellectual property rights of others and we ask you to do the same. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
WorkSmart eBusiness Solutions
P.O. Box 51087
Boston, MA 02205
Phone: (877) 923-9449/(617) 379-3884
Email: admin@worksmartebusinesssolutions.com
23. Users Disputes
You are solely responsible for your interactions with other Users. WorkSmart eBusiness Solutions reserves the right, but has no obligation to monitor disputes between you and other Users.
24. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any WorkSmart eBusiness Solutions confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms and Conditions of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the State of Massachusetts USA unless otherwise stated. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
25. Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents of any kind (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your one-time use, without any right to re-license, sub-license, distribute, assign or transfer such license. Documents are provided without any representations or warranties, expressed or implied, as to their suitability, legal effect, completeness, currency, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
26. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
27. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
28. Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the agreed to prices, including any applicable taxes.
29. Non-transferability
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
30. Information and Press Releases.
The Site at times may or may not contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
31. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. WorkSmart eBusiness Solutions SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF WorkSmart eBusiness Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY WorkSmart eBusiness Solutions. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
32. Indemnity
You agree to defend, indemnify, and hold WorkSmart eBusiness Solutions, its partners, officers, directors, employees, agents, licensees, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
33. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.
34. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
35. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link Privacy Policy.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
36. Accounts and Security
WorkSmart eBusiness Solutions does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”) in the Public Areas that require such security validation. You shall provide WorkSmart eBusiness Solutions with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms and Conditions of Use, which may result in immediate termination of your Account.
You may not:
(a) Select or use a Login Name of another person with the intent to impersonate that person;
(b) Use a name subject to the rights of any other person without authorization;
(c) Use a Login Name that the WorkSamrt eBusiness Solutions, in its sole discretion, deems inappropriate or offensive.
You shall notify WorkSmart eBusiness Solutions of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account at WorkSmart eBusiness Solutions sole discretion, and you may be reported to appropriate law-enforcement agencies.
37. Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED, IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Contact
If you would like to request additional information regarding these Terms and Conditions of Use. Please contact us at admin@worksmartebusinesssolutions.com
