Workin.com Terms of Service (TOS) Usage Agreement.
• The following are the terms and conditions for use of the Read Receipt ("Service"). Please read them carefully.
• BY CHECKING THE ACCEPTANCE BOX AND UPON COMPLETING THE PURCHASE PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
• The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the service, you must complete the registration process by providing us with current, accurate information as prompted by the Registration Form, including email address(es). Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Workin.com immediately of any unauthorized use of your account or any other breach of security.
- FEES AND SERVICES
We may change our fees for our Services from time to time. Our changes are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on our web site or by emailing you the changes. You may, at any time, cancel your subscription to the Service. No fees will be refunded. You are responsible for paying all fees associated with using our service and our web site.
- ACCEPTABLE USE POLICY
The following policy governs the use of the Read Receipt Service by You. You will comply with the terms and spirit of the Agreement.
- You shall not use the Read Receipt Service for spamming. Spamming includes, but is not limited to
- the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients,
- the sending of junk mail,
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process,
- email harassment of anyone, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and
- the emailing of age-inappropriate communications or content to anyone under the age of 18.
- You shall not use the Read Receipt Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. You shall not attempt to interfere in any way with Workin.com networks or network security, or attempt to use the Read Receipt Service to gain unauthorized access to any computer system.
- You agree to provide Workin.com with the information it collects in the course of providing the Service.
- You shall at all times provide Workin.com with accurate information. You shall immediately notify Workin.com of any security breach in or unauthorized use of your account. You shall not interfere in any way with another Member's use of, or Workin.com's provision of the Read Receipt Service. You shall not resell, rent, lease, or grant a security interest in the Read Receipt Service without the express written consent of Workin.com.
You agree to defend, at your expense, any action brought against Workin.com arising out of your use of the Service with any third parties or from your willful misconduct. You will indemnify Workin.com from any costs, damages and fees incurred by Workin.com, which are attributable to such a claim. You will reimburse Workin.com the full cost of any and all losses your use or misuse of the Service may incur, and you authorize Workin.com to recover such losses without prior notice by any means.
- LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Workin.com and/or its respective suppliers may make improvements and/or changes in the Service at any time. Workin.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Workin.com does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. Further, Workin.com reserves the right to make changes to any and all parts of Read Receipt products at any time, without obligation to notify any person or entity of such changes.
- DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY WORKIN.COM, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WORKIN.COM DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SHOULD ANY PART OF THIS DISCLAIMER NOT BE ALLOWED UNDER CERTAIN JURISDICTIONS, THOSE PARTS MAY NOT APPLY TO YOU. WHERE LAWFUL, WORKIN.COM RESERVES THE RIGHT TO NOMINATE THE JURISDICTION OF ITS CHOICE UNDER WHICH THIS CONTRACT WILL BE ENFORCED.
- EXCLUSIVE REMEDY
Workin.com's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the service fee paid to Workin.com for use of the Service. In no event shall Workin.com be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Workin.com has been advised of the possibility of such damages.
- EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
WORKIN.COM WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WORKIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
- PROPRIETARY RIGHTS TO CONTENTS
Title, ownership rights, and intellectual property rights in and to the Service shall remain with Workin.com. The Service and the intellectual property operating it are protected by international copyright laws and treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service is the property of Workin.com and may be protected by applicable copyright or other law. This service agreement gives you no rights to such content or code.
- MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Workin.com reserves the right to change its terms of service policy at any time and to notify you by posting an updated version of the policy on this Web site. You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.