Terms and Conditions of UseLast updated July 29, 2016Welcome to the website of WERK Enterprises, Inc. (“Werk,” “us,” “our,” or “we”). Werk has created an online marketplace through which top companies (“Businesses”) offering career-building, flexible work positions (“Positions”) are connected with ambitious professionals (“Providers”) looking to fill those Positions. Each time you access or use any of the services made available through our website (“Services”), which includes any page on which a link to these Terms and Conditions of Use (“Terms”) is displayed, you are a Werk “User” and confirm you have read and have agreed to be bound by these Terms and our Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms by reference.
Please read these Terms carefully before accessing or using any of the Services.
These Terms constitute a binding agreement between you and Werk and are deemed accepted by you each time that you use or access this website or use the Services. If You do not accept and agree to be bound by the Terms stated here, do not use this website and the Services.
Werk may from time to time amend, update or change the website, including these Terms, without prior notice. You should periodically check the page containing these Terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for this website.
Your Access and Use of Our Website and ServicesSubject to these Terms and the Privacy Policy, we may offer you various Services. We may immediately terminate your access to this website, without notice, if you breach these Terms.
You Must Insure That Your Personal Information Is Accurate and Current. Our business depends on our ability to provide true and accurate information to our Users. We may also have obligations under the law to report any fraud, forgery, or other illegal activities. To use certain Services, you may be required to provide us with information about you, which may include personal identifying information, some of which may be confidential in nature (“Personal Information”). By becoming a User of Werk you confirm that you understand that we have these obligations to our other Users. If you provide Personal Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep your Personal Information current and to update your Personal Information if any of your Personal Information changes. Our collection, use and disclosure of your Personal Information is governed by these Terms and our Privacy Policy. If you have any questions about our role, please contact us and ask before you sign-up.
You Must Use Our Services Only For Their Intended PurposeAll Werk Users agree not to:
(a) transmit, post, distribute, store or destroy material in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Werk’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on our website infrastructure;
(c) use any device to navigate or search the WERK website other than with the tools available on the website, generally available third party web browsers, or other tools approved by WERK;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of our website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of the Werk website;
(h) aggregate, copy or duplicate in any manner any of our content or information available from the Werk website, including expired Position postings, other than as permitted by these Terms;
(i) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms;
(j) apply for any Position on behalf of another party;
(k) defer any contact from a Business to any agent, agency, or other third party;
(l) share with a third party any login credentials to any Werk website;
(m) access data not intended for you or log into a server or account that you are not authorized to access;
(n) post or submit to our website any incomplete, false or inaccurate biographical information or information which is not your own;
(o) post content that contains restricted or password-only access pages, or hidden pages or images;
(p) solicit passwords or personally identifiable information from other Users;
(q) delete or alter any material posted by any other person or entity;
(r) harass, incite harassment or advocate harassment of any group, company, or individual;
(s) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you;
(t) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to our website, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”;
(u) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(v) use our Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in our discretion.
Violations of system or network security may result in civil and/or criminal liability. Werk will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
You Are Responsible for Keeping Your Password Secure. If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You must not allow any person under the age of 18 to use any of our Services via your registration or password.
You Are Responsible for Notifying Us of a Breach. You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of these Terms, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: hello@saywerk.com.
Exclusivity, Non-Solicitation, and Non-CircumventionBy using any of the Services, you confirm that you are not an employee of any staffing agency, headhunter or similar organization, and you agree that you will not perform any services commonly associated with staffing agencies, headhunters or similar organizations, directly or indirectly, on or through this website.
You agree not to use this website or the Services for the purposes of circumventing or attempting to circumvent Werk’s Services, including for the purpose of avoiding the obligation to pay any of WERK’s fees related to its provision of the Services.
You agree not to circumvent the payment methods offered by the website and you will notify Werk immediately if another party improperly contacts you or suggests making or receiving payments outside of the Site. You agree that you will not under any circumstances:
(i) Submit proposals to, solicit, contract, hire, manage or pay any parties identified through our Services other than through this website; or
(ii) Accept proposals from, contact, deliver services to, invoice or receive payments from parties identified through the Services other than through this website.
Terms Specifically Applicable to BusinessesBusinesses are solely responsible for the Positions they post on this website. Werk is not your agent or the agent of any of its Users, and Werk will not be responsible for any employment or contracting decisions, for whatever reason, made by any entity posting Positions on this website.
You understand and agree that Werk is not a party to any Position. Providers are not employees or agents of Werk, and Werk does not, in any way, supervise, direct, or control work provided by Providers. Werk will not have any liability or obligations under or related to Positions. Werk has no control over Providers, and makes no representations as to the integrity, reliability, capability, or qualifications of any Provider or the quality, security or legality of any Provider’s work in connection with any Position.
Werk makes no representations as to the truth or accuracy of information provided by this website’s Users, the qualifications, background, or identities of Providers, the ability of Providers to perform the work required by any Position, or that a Provider can or will actually complete a transaction. Werk does not and is not required to verify any information given to us by our Users, nor does Werk perform background checks on Providers.
Posting PositionsA Position posting may not contain:
(a) any hyperlinks, other than those specifically authorized by WERK;
(b) more than one job or job description, or more than one location;
(c) inaccurate, false, or misleading information; and
(d) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You also may not:
(a) post Positions that do not comply with applicable laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post Positions that require citizenship or lawful permanent residence in any particular country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post Positions that include any screening criterion where such criterion is not an actual and legal requirement of the posted Position;
(d) post jobs or advertisements for competitors of Werk or post Positions that contain a link to any site competitive with Werk;
(e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any Position that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any Position that pays commission only, unless the posting clearly states that the available position pays commission only and clearly describes the product or service that the Provider would be selling;
(i) endorse a particular political party, political agenda, political position or issue;
(j) promote a particular religion; and
(k) except where allowed by applicable law, post Positions that require the Provider to provide information relating to her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Werk reserves the right to remove any Position or content from our website, which in the reasonable exercise of Werk’s discretion, does not comply with the above Terms, or if any content is posted that Werk believes is not in the best interest of Werk.
If at any time during your use of our Services, you made a misrepresentation of fact to Werk or otherwise misled Werk in regards to the nature of your business activities, Werk will have grounds to immediately terminate your use of the Services.
Terms Specifically Applicable to ProvidersYou understand and agree that Werk is not a party to any Position, that you are not an employee of Werk and that Werk does not, in any way, supervise, direct, or control your work. Werk will not have any liability or obligations related to Positions. Werk has no control over Businesses, and makes no representations as to the integrity, reliability, capability, or qualifications of any Business or the quality, security or legality of any Position.
Werk does not direct and has no control over Positions, and makes no representations as to the quality, safety or legality of any Position, the truth or accuracy of information provided by our Users, including Businesses, the ability of Businesses to pay Providers, or that a Business can or will actually complete a transaction.
Intellectual PropertyThe website and all works contained in it, including the visual interface, graphics, design, text, computer code, and any other copyrightable materials other than those owned by third parties and licensed to Werk, are Werk’s intellectual property and protected by all applicable intellectual property and proprietary rights laws. You may not adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this website or put to commercial use any information, products or services obtained from any part of this website without Werk’s prior written consent.
If you transmit, submit or post information to our website that is not trademarked and/or copyrighted (including any photographs), you agree to and hereby grant, represent and warrant that you have the right to grant and in fact grant Werk, its Providers, and the users of the website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide licence to use, copy, publicly perform, digitally perform, publicly display and distribute such content and to prepare derivative works of, or incorporate into other works, such posted content. Moreover, provided that you have obtained prior written permission from us to transmit, submit or post information to our website that is trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever. This license is non-exclusive, except you agree that we shall have the exclusive right to enjoy this license to the extent of combining your content with the posted content of others for the purposes of our website.
Framing and Linking to the Web SiteFraming and deep-linking to the website will only be permitted with the express prior written consent of Werk.
Werk is not responsible for the content of any other website accessed via the Werk website. Links to other websites are provided for convenience only and do not represent any endorsement by Werk of the products or services offered by the website owner.
InterferenceWerk is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of errors, viruses or anything else (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operations of your computer systems.
IndemnificationYou agree to defend, indemnify and hold harmless Werk and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “WERK Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorney’s and accounting fees and costs arising out of or in any way connected with (i) your access to, use of or alleged use of this website or the Services; (ii) a Position, whether you are a Business offering a Position or a Provider filling a Position; (iii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iv) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No WarrantiesTHE SERVICES AND THE INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WERK ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES OR THIS WEBSITE.
THE WERK ENTITIES DO NOT MAKE ANY REPRESENTATION, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE WORK OR COMPENSATION THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE WERK ENTITIES IS A HEADHUNTER OR EMPLOYMENT OR STAFFING AGENCY. YOU ACKNOWLEDGE AND AGREE THAT WERK ACTS SOLELY AS AN INTERMEDIARY BETWEEN BUSINESSES AND PROVIDERS SEARCHING FOR POSITIONS AND, THEREFORE, THE WERK ENTITIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH PROVIDERS.
Limitation of LiabilityIN NO EVENT WILL THE WERK ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING FROM THE USE OF THIS WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR PERSONAL INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH WERK OR ANY OTHER USER OF THE SERVICES, WHETHER OR NOT WERK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Because User authentication on the Internet is difficult, WERK cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on this website, in the event that you have a dispute with one or more Users, you release Werk (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
This website may contain inaccuracies or typographical errors. Werk makes no representations about the accuracy, reliability, completeness, or timeliness of this website. The use of this website is at your own risk. Changes are periodically made to this website and may be made at any time. Werk cannot guarantee and does not promise any specific results from use of this website. No advice or information, whether oral or written, obtained by a User from Werk or through or from this website shall create any warranty not expressly stated herein.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Governing LawThese Terms are governed by the laws of the State of New York without regard to conflict of law principles, and you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating any dispute arising under or involving the interpretation of these Terms.
Privacy PolicyThe Werk Privacy Policy sets out how Werk will use your information and can be found here. By using our website, signing up for Werk, subscribing to our newsletter, posting a Position, or applying for a Position, you consent to Werk handling and processing your information as described in the Privacy Policy.
Our Services are Not Intended for MinorsOur Services are intended to be accessed and used only by adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect personally identifiable information by anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13.
ComplaintsIf you have any complaints about the service provided by Werk, you should email us at hello@saywerk.com.
Questions?
HELLO@SAYWERK.COM
TERMS OF SERVICEPRIVACY POLICYAll Content © Werk Enterprises, Inc. 2016
Please read these Terms carefully before accessing or using any of the Services.
These Terms constitute a binding agreement between you and Werk and are deemed accepted by you each time that you use or access this website or use the Services. If You do not accept and agree to be bound by the Terms stated here, do not use this website and the Services.
Werk may from time to time amend, update or change the website, including these Terms, without prior notice. You should periodically check the page containing these Terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for this website.
Your Access and Use of Our Website and ServicesSubject to these Terms and the Privacy Policy, we may offer you various Services. We may immediately terminate your access to this website, without notice, if you breach these Terms.
You Must Insure That Your Personal Information Is Accurate and Current. Our business depends on our ability to provide true and accurate information to our Users. We may also have obligations under the law to report any fraud, forgery, or other illegal activities. To use certain Services, you may be required to provide us with information about you, which may include personal identifying information, some of which may be confidential in nature (“Personal Information”). By becoming a User of Werk you confirm that you understand that we have these obligations to our other Users. If you provide Personal Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep your Personal Information current and to update your Personal Information if any of your Personal Information changes. Our collection, use and disclosure of your Personal Information is governed by these Terms and our Privacy Policy. If you have any questions about our role, please contact us and ask before you sign-up.
You Must Use Our Services Only For Their Intended PurposeAll Werk Users agree not to:
(a) transmit, post, distribute, store or destroy material in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Werk’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on our website infrastructure;
(c) use any device to navigate or search the WERK website other than with the tools available on the website, generally available third party web browsers, or other tools approved by WERK;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of our website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of the Werk website;
(h) aggregate, copy or duplicate in any manner any of our content or information available from the Werk website, including expired Position postings, other than as permitted by these Terms;
(i) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms;
(j) apply for any Position on behalf of another party;
(k) defer any contact from a Business to any agent, agency, or other third party;
(l) share with a third party any login credentials to any Werk website;
(m) access data not intended for you or log into a server or account that you are not authorized to access;
(n) post or submit to our website any incomplete, false or inaccurate biographical information or information which is not your own;
(o) post content that contains restricted or password-only access pages, or hidden pages or images;
(p) solicit passwords or personally identifiable information from other Users;
(q) delete or alter any material posted by any other person or entity;
(r) harass, incite harassment or advocate harassment of any group, company, or individual;
(s) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you;
(t) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to our website, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”;
(u) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(v) use our Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in our discretion.
Violations of system or network security may result in civil and/or criminal liability. Werk will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
You Are Responsible for Keeping Your Password Secure. If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You must not allow any person under the age of 18 to use any of our Services via your registration or password.
You Are Responsible for Notifying Us of a Breach. You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of these Terms, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: hello@saywerk.com.
Exclusivity, Non-Solicitation, and Non-CircumventionBy using any of the Services, you confirm that you are not an employee of any staffing agency, headhunter or similar organization, and you agree that you will not perform any services commonly associated with staffing agencies, headhunters or similar organizations, directly or indirectly, on or through this website.
You agree not to use this website or the Services for the purposes of circumventing or attempting to circumvent Werk’s Services, including for the purpose of avoiding the obligation to pay any of WERK’s fees related to its provision of the Services.
You agree not to circumvent the payment methods offered by the website and you will notify Werk immediately if another party improperly contacts you or suggests making or receiving payments outside of the Site. You agree that you will not under any circumstances:
(i) Submit proposals to, solicit, contract, hire, manage or pay any parties identified through our Services other than through this website; or
(ii) Accept proposals from, contact, deliver services to, invoice or receive payments from parties identified through the Services other than through this website.
Terms Specifically Applicable to BusinessesBusinesses are solely responsible for the Positions they post on this website. Werk is not your agent or the agent of any of its Users, and Werk will not be responsible for any employment or contracting decisions, for whatever reason, made by any entity posting Positions on this website.
You understand and agree that Werk is not a party to any Position. Providers are not employees or agents of Werk, and Werk does not, in any way, supervise, direct, or control work provided by Providers. Werk will not have any liability or obligations under or related to Positions. Werk has no control over Providers, and makes no representations as to the integrity, reliability, capability, or qualifications of any Provider or the quality, security or legality of any Provider’s work in connection with any Position.
Werk makes no representations as to the truth or accuracy of information provided by this website’s Users, the qualifications, background, or identities of Providers, the ability of Providers to perform the work required by any Position, or that a Provider can or will actually complete a transaction. Werk does not and is not required to verify any information given to us by our Users, nor does Werk perform background checks on Providers.
Posting PositionsA Position posting may not contain:
(a) any hyperlinks, other than those specifically authorized by WERK;
(b) more than one job or job description, or more than one location;
(c) inaccurate, false, or misleading information; and
(d) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You also may not:
(a) post Positions that do not comply with applicable laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post Positions that require citizenship or lawful permanent residence in any particular country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post Positions that include any screening criterion where such criterion is not an actual and legal requirement of the posted Position;
(d) post jobs or advertisements for competitors of Werk or post Positions that contain a link to any site competitive with Werk;
(e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any Position that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any Position that pays commission only, unless the posting clearly states that the available position pays commission only and clearly describes the product or service that the Provider would be selling;
(i) endorse a particular political party, political agenda, political position or issue;
(j) promote a particular religion; and
(k) except where allowed by applicable law, post Positions that require the Provider to provide information relating to her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Werk reserves the right to remove any Position or content from our website, which in the reasonable exercise of Werk’s discretion, does not comply with the above Terms, or if any content is posted that Werk believes is not in the best interest of Werk.
If at any time during your use of our Services, you made a misrepresentation of fact to Werk or otherwise misled Werk in regards to the nature of your business activities, Werk will have grounds to immediately terminate your use of the Services.
Terms Specifically Applicable to ProvidersYou understand and agree that Werk is not a party to any Position, that you are not an employee of Werk and that Werk does not, in any way, supervise, direct, or control your work. Werk will not have any liability or obligations related to Positions. Werk has no control over Businesses, and makes no representations as to the integrity, reliability, capability, or qualifications of any Business or the quality, security or legality of any Position.
Werk does not direct and has no control over Positions, and makes no representations as to the quality, safety or legality of any Position, the truth or accuracy of information provided by our Users, including Businesses, the ability of Businesses to pay Providers, or that a Business can or will actually complete a transaction.
Intellectual PropertyThe website and all works contained in it, including the visual interface, graphics, design, text, computer code, and any other copyrightable materials other than those owned by third parties and licensed to Werk, are Werk’s intellectual property and protected by all applicable intellectual property and proprietary rights laws. You may not adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this website or put to commercial use any information, products or services obtained from any part of this website without Werk’s prior written consent.
If you transmit, submit or post information to our website that is not trademarked and/or copyrighted (including any photographs), you agree to and hereby grant, represent and warrant that you have the right to grant and in fact grant Werk, its Providers, and the users of the website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide licence to use, copy, publicly perform, digitally perform, publicly display and distribute such content and to prepare derivative works of, or incorporate into other works, such posted content. Moreover, provided that you have obtained prior written permission from us to transmit, submit or post information to our website that is trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever. This license is non-exclusive, except you agree that we shall have the exclusive right to enjoy this license to the extent of combining your content with the posted content of others for the purposes of our website.
Framing and Linking to the Web SiteFraming and deep-linking to the website will only be permitted with the express prior written consent of Werk.
Werk is not responsible for the content of any other website accessed via the Werk website. Links to other websites are provided for convenience only and do not represent any endorsement by Werk of the products or services offered by the website owner.
InterferenceWerk is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of errors, viruses or anything else (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operations of your computer systems.
IndemnificationYou agree to defend, indemnify and hold harmless Werk and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “WERK Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorney’s and accounting fees and costs arising out of or in any way connected with (i) your access to, use of or alleged use of this website or the Services; (ii) a Position, whether you are a Business offering a Position or a Provider filling a Position; (iii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iv) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No WarrantiesTHE SERVICES AND THE INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WERK ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES OR THIS WEBSITE.
THE WERK ENTITIES DO NOT MAKE ANY REPRESENTATION, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE WORK OR COMPENSATION THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE WERK ENTITIES IS A HEADHUNTER OR EMPLOYMENT OR STAFFING AGENCY. YOU ACKNOWLEDGE AND AGREE THAT WERK ACTS SOLELY AS AN INTERMEDIARY BETWEEN BUSINESSES AND PROVIDERS SEARCHING FOR POSITIONS AND, THEREFORE, THE WERK ENTITIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH PROVIDERS.
Limitation of LiabilityIN NO EVENT WILL THE WERK ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, ARISING FROM THE USE OF THIS WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR PERSONAL INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH WERK OR ANY OTHER USER OF THE SERVICES, WHETHER OR NOT WERK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Because User authentication on the Internet is difficult, WERK cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on this website, in the event that you have a dispute with one or more Users, you release Werk (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
This website may contain inaccuracies or typographical errors. Werk makes no representations about the accuracy, reliability, completeness, or timeliness of this website. The use of this website is at your own risk. Changes are periodically made to this website and may be made at any time. Werk cannot guarantee and does not promise any specific results from use of this website. No advice or information, whether oral or written, obtained by a User from Werk or through or from this website shall create any warranty not expressly stated herein.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Governing LawThese Terms are governed by the laws of the State of New York without regard to conflict of law principles, and you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating any dispute arising under or involving the interpretation of these Terms.
Privacy PolicyThe Werk Privacy Policy sets out how Werk will use your information and can be found here. By using our website, signing up for Werk, subscribing to our newsletter, posting a Position, or applying for a Position, you consent to Werk handling and processing your information as described in the Privacy Policy.
Our Services are Not Intended for MinorsOur Services are intended to be accessed and used only by adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect personally identifiable information by anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13.
ComplaintsIf you have any complaints about the service provided by Werk, you should email us at hello@saywerk.com.
Questions?
HELLO@SAYWERK.COM
TERMS OF SERVICEPRIVACY POLICYAll Content © Werk Enterprises, Inc. 2016
