Terms of Service

  1. Your Relationship with Workface
    • 1.1 Definitions: The Workface.com (“Workface”, “Workface.com”, the “website”) is the Service ("Service") provided by Workface Inc. ("Workface", “we”, “our”, or “us”), and your (“You”, “User”, “End User”, “Professional, “Admin”, “Company”, “Visitor”) use thereof, whether you are a “Visitor” (which means that you simply browse the Workface.com website or access a Workface profile with or without being registered or logging in) or you are a “Professional” or “Company” or “Admin” (which means that you have registered with Workface.com) and have created an Account (“Account”) and/or a Profile (“Profile”). The term Content (“Content”) means any electronic data, information, or images that you upload, view or access in the Service. The term “you” or “User” refers to a Visitor or a Professional. The Agreement (“Agreement”) means the Terms of Service (“Terms of Service”) in whole.
    • 1.2 Workface reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools, features, products, and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.Workface.com/terms-of-service.
    • 1.3 Violation of any of the terms below may result in the termination of your Account or termination of your use of the Service. While Workface prohibits such conduct and content on the Service, you understand and agree that Workface cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
    • 1.4 Account Terms:
      • You must be 18 years or older to use this Service.
      • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
      • You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.
      • Your login may only be used by one person - a single login shared by multiple people is not permitted.
      • You are responsible for maintaining the security of your account and password. Workface cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
      • You are responsible for all Content posted and activity that occurs under your account.
      • If you are using a free account you are not permitted to block ads, should they appear.
      • One person may not maintain more than one account. However, you may be permitted to create multiple interactive profiles from a single account if you are provided with Admin access, and approved to do so by your company.
      • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
      • The Service is designed and intended for users of a professional nature. It is NOT a safe harbor for people of reasonably questionable character or those who would intend to use the Service for any other means than for ethical, professional and commercial intent. You may not use the Service to conduct scams or illegal activity. Workface reserves the right to reject any offensive use of the Service.
      • By using the Service, you consent to acceptance of a local shared object that may be used to identify your profile.
      • By using the Service, you consent to acceptance of a local shared object and or cookies for the purpose of identifying you in relation to a current or previous communication session.
      • By using the Service, you consent to your profile being displayed on the internet.
      • By using the Service, you consent to being rated and reviewed by others, including comments and rankings about you including, but not limited to, publicly available statements, comments, and rankings of others' experiences with you. You will have limited or no control over such ratings and reviews, and your only course of action to refute such ratings and reviews is by commenting to the contrary or deleting your account.
      • By using the Service, you agree to have any comments, questions or reviews initiated by you removed if they are considered, in the sole discretion of Workface, to be inaccurate or profane in nature.
      • By using the Service, should a disagreement arise between you and another user, which cannot be corrected by you, the actions of others or Workface, to be bound by third-party arbitration. In any event, Workface accepts no part in or liability for any disagreements or grievances.
  2. Accepting the Terms
    • 2.1 By using the information, tools, products, features and functionality located on the Service, you agree to be bound by this Agreement. By using the Service you agree you have read this Agreement as a condition of your use.
    • 2.2 You shall not use the Service and you shall not accept this Agreement if you are not of a legal age to form a binding contract with Workface.
    • 2.3 If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, you have the authority to bind such entity. Before you continue use of the Service, you should print or save a local copy of this Agreement for your records.
    • 2.4 If you accept this Agreement, should a disagreement arise between you and another user or Workface which cannot be corrected by you, the actions of others or Workface, to be bound by third-party arbitration of United States Arbitration & Mediation (USA&M) at a location to be agreed to by you and another user or Workface. If a USA&M location cannot be agreed to, the prevailing location will be the USA&M offices located in St. Paul, Minnesota, 55124. Any decision made by the USA&M arbitrator will be deemed final.
  3. API Terms
    • 3.1 You may be provided access to your Workface account and data, or the Workface account of another, via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Workface.com, is bound by the terms of this agreement plus the following specific terms:
      • You expressly understand and agree that Workface shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Workface has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
      • Abuse or excessively frequent requests to Service via the API may result in the temporary or permanent suspension of your account's access to the API. Workface, in its sole discretion, will determine abuse or excessive usage of the API. In most cases, Workface will make a reasonable attempt via email to warn the account owner prior to suspension, but may not be able to in all instances.
      • Workface reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
  4. Use of the Services by You
    • 4.1 Your right to access and use the Service is personal to you or your company and is not transferable by you to any other person or entity. You are only entitled to access and use Workface and Workface.com for lawful purposes.
    • 4.2 Accurate records enable Workface to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “Edit” setup, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
    • 4.3 Your access and use of Workface and Workface.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Workface.com or other actions that Workface, in its sole discretion, may elect to take.
  5. Payment, Refunds, Upgrading and Downgrading Terms
    • 5.1 A valid credit card is required for paying accounts.
    • 5.2 If you sign up for paid use or delivery of the Service you are responsible for all charges to your account.
    • 5.3 An upgrade in plans options to any paying plan are in addition to normal costs.
    • 5.4 By setting up an account, you authorize us to begin delivery of your Workface Service.
    • 5.5 If you have an account balance and you wish to discontinue use of the Service, you must request a refund for the balance.
    • 5.6 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, excluding only United States (federal or state) taxes.
    • 5.7 Changing, canceling or deleting your Service may cause the loss of Content. Workface does not accept any liability for such loss.
  6. Ending Your Relationship with Workface
    • 6.1 You are solely responsible for properly cancelling or deleting your account. An email or phone request to cancel your account shall not be considered a cancellation. You must cancel your account by visiting http://Workface.com while logged-in. The "Account" screen provides a simple cancel service that requires confirmation.
    • 6.2 All of your Content may be immediately deleted from the Service upon cancellation. This information, once deleted, cannot be recovered.
    • 6.3 If you cancel the Service before the end of the current billing period, your changes will take effect immediately and you will not be charged again.
    • 6.4 Workface, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Workface service, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Workface reserves the right to refuse Service to anyone for any reason at any time.
  7. Modification to the Service and Prices
    • 7.1 Workface reserves the right at any time and from time-to- time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with, or without, notice.
    • 7.2 Prices of all Services are subject to instant change, including, but not limited to, costs of delivery and market demand. Such notice may be provided at any time by posting the changes to the Workface web site (http://Workface.com) or the Service itself.
    • 7.3 Workface shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  8. Copyright and Trade Mark Policies
    • 8.1 We claim no intellectual property rights over the Content you provide to the Service. Your profile and materials uploaded remain yours. However, your Content may be shared publicly, and you agree to allow others to view and share your Content. Workface does not pre-screen Content, but Workface and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
    • 8.2 The look and feel of the Workface Service is copyright ©2006-2011 Workface Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Workface.
    • 8.3 Workface Inc. considers itself solely a "service provider" of Workface, and requests all inquiries please take into consideration Section 512(c)(3) of the Digital Millennium Copyright Act, which can be read by visiting: http://www.copyright.gov/title17/92chap5.html#512.
  9. Immunity from Liability
    • 9.1 Workface claims immunity from liability under Section 230 of the Communications Decency Act.
  10. Rights You Grant to Workface
    • 10.1 By submitting information, data, passwords, usernames, other log-in information, materials and other content to Workface through the Service, you are licensing that content to Workface solely for the purpose of providing the Service. Workface may use and store the content, but only to provide the Service to you. By submitting this Content to Workface, you represent that you are entitled to submit it to Workface for use for this purpose, without any obligation by Workface to pay any fees or other limitations.
  11. Limitations on Workface’s Liability
    • 11.1 Workface SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE Workface SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Workface HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Workface’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 (ONE UNITED STATES DOLLAR).
    • 11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT Workface SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Workface HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING ANY MALICIOUS LINKS, SCRIPTS, OR ACTIONS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
  12. Your Indemnification of Workface
    • 12.1 You shall defend, indemnify and hold harmless Workface and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
  13. Changes to the Terms
    • 13.1 Workface may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Workface.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
  14. General Conditions
    • 14.1 Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
    • 14.2 Technical support is universally provided, but priority it weighted to paying account holders and is only available via email, unless otherwise stipulated.
    • 14.3 You understand that Workface uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related information technologies required to run the Service.
    • 14.4 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
    • 14.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Workface.
    • 14.6 We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
    • 14.7 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Workface customer, employee, member, or officer will result in immediate account termination.
    • 14.8 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.
    • 14.9 You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.
    • 14.10 You must not transmit any worms or viruses or any code of a malicious or destructive nature.
    • 14.11 If your bandwidth usage exceeds allowable limits, or significantly exceeds the average bandwidth usage (as determined solely by Workface), we reserve the right to immediately disable your account or throttle your use of the Service until you can reduce your bandwidth consumption.
    • 14.12 You expressly understand and agree to the Privacy Policy available by visiting http://Workface.com/privacy-policy.
    • 14.13 Workface does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
  15. Governing Law and Forum for Disputes
    • 15.1 This Agreement, and your relationship with Workface under this Agreement, shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law’s provisions. Any dispute with Workface, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the State of Minnesota within the county of Hennepin, Minnesota, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Workface may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Workface is able to offer the Service at the terms designated, with or without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
    • 15.2 You acknowledge and understand that, with respect to any dispute with Workface, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
      • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
      • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  16. Miscellaneous
    • 16.1 If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
    • 16.2 You agree that if Workface does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Workface has the benefit of under any applicable law), this will not be taken to be a formal waiver of Workface’s rights and that those rights or remedies will still be available to Workface.
    • 16.3 All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
    • 16.4 This Agreement represents the entire understanding and agreement between you and Workface regarding the subject matter of the same, and supersedes all other previous agreements.
    • 16.5 Questions about the Terms of Service should be sent to support@Workface.com.

These Terms of Service were last updated 08/23/2011