Our mission is to connect a need to a source. We are digital connectors. Our services are designed to promote economic opportunity for our members by enabling you and other business people to meet, electronically interact, work, promote products, market, sell, purchase, negotiate deals, exchange opportunities, learn, collaborate, find jobs, and make decisions in a network of trusted relationships.
You agree that by clicking “Join Now”, “Sign Up”, “Register” or similar, registering, accessing or using our services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).
Registered users of our Services are “Members” and unregistered users are “Guests”. This Agreement applies to both.
2.1. Service Eligibility, Registration, and Membership
To use the Services, you agree that
- Use your real name on your profile.
- You will not provide any false personal information on Workalize, or create an account for anyone other than yourself without permission.
- You will not create more than one account.
- If we disable your account, you will not create another one without our permission.
- You will not use Workalize if you are under 16.
- You will not use Workalize if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- You are responsible for anything that happens through your account unless you close it or report misuse.
2.2. Protecting Other People’s Rights
We respect other people's rights, and expect you to do the same. You agree that
- You will not post content or take any action on Workalize that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Workalize if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information or any harmful information on Workalize.
- You will not tag users, notify, or send emails to non-users without their consent.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
We do our best to keep Workalize safe, but we cannot guarantee it. We need your help to keep Workalize safe, which includes the following commitments by you:
- You will not post unauthorized communications (such as spam) on Workalize.
- You will not collect users' content or information, or otherwise access Workalize, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Workalize.
- You will not upload viruses or other malicious code
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Workalize to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Workalize, such as a denial of service attack or interference with page rendering or other Workalize functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
2.4. Mobile and other devices
- Our services does not include any internet, data or connection services, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Workalize within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Workalize.
3. Rights and Limits
3.1. Content, Information, Your License to Workalize
- As between you and Workalize, you own the content and information that you submit or post to the Services and you are only granting Workalize the following non-exclusive license: A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.
- You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract).
- Other Members and/or Guests may access and share your content and information, consistent with your privacy and security settings and degree of connection with them.
- By submitting suggestions or other feedback regarding our Services to Workalize, you agree that Workalize can use and share (but does not have to) such feedback for any purpose without compensation to you.
3.2. Service Availability
- We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted
- We may with or without notice change, suspend or end any Service, or change and modify prices prospectively in our discretion.
- You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide.
3.3. Other Content, Sites and apps
- You may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.
- We generally do not review content provided by our Members.
- You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
- You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your Workalize account, that app or site can access information on Workalize related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Workalize is not responsible for these other sites and apps -- use these at your own risk.
3.4. Limits of Service Use
- Workalize reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Workalize reserves the right to restrict, suspend, or terminate your account if Workalize believes that you may be in breach of this Agreement or law or are misusing the Services.
- Workalize reserves all of its intellectual property and trade mark rights in the Services.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. TO THE EXTENT ALLOWED UNDER LAW, WORKALIZE (AND THOSE THAT WORKALIZE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WORKALIZE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), WORKALIZE (AND THOSE THAT WORKALIZE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF WORKALIZE (AND THOSE THAT WORKALIZE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WORKALIZE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WORKALIZE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
WORKALIZE or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members' and/or Guests' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6 and 7 of this Agreement;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Dispute Resolution
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Workalize exclusively in the U.S. District Court for the Northern District of California or a state court located in Santa Clara County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Workalize, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Workalize and are not responsible for the content or information users transmit or share on Workalize. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Workalize. We are not responsible for the conduct, whether online or offline, of any user of Workalize.
7. Other Terms
- This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services
- If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only.
- If we don't act to enforce a breach of this Agreement, that does not mean that Workalize has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise
- We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Workalize.