Terms & Conditions

Introduction

Each time you access, use, and interact with WerkNow!™’s website (the “Site”), whether it be simple browsing or actual job posting or applying, and regardless of how you access, use, and interact with that website, including mobile devices, you affirmatively represent that you have read, understand, and agree to the Privacy Policy and these Terms and Conditions (the “Agreement”) and agree to be bound by and act in compliance with the same.

WerkNow!™ has made its Site available for use only by individuals, entities, and organizations that are in need of short-term labor and assistance (“Work Providers”) and those contractors who are interested in and willing to provide such short-term labor and assistance (“Work Seekers”). You acknowledge and agree that use or attempted use of the Site in any other manner or for any other purpose is strictly prohibited and that your use of the Site will cause your access to the Site to be revoked.

If you are an individual using or accessing the Site in your capacity as a member or representative of a Work Provider, you understand and acknowledge that your agreement to this Agreement is on behalf of yourself and the Work Provider on whose behalf you are using or accessing the Site, and you represent and warrant that you have the authority to bind that Work Provider to this Agreement.

WerkNow!™ reserves the right to, at its sole discretion, modify or amend this Agreement by notifying you through reasonable means of such modification or amendment, including, but not necessarily limited to, posting a revised version of this Agreement on the Site. Accordingly, your accessing, using, and interacting with the Site subsequent to any such modification or amendment constitutes acceptance of such modification or amendment. As revisions are made, the modification or amendment date will be noted in the Agreement.

WerkNow!™ further reserves the right to, at its sole discretion, at any time, and without liability, modify or discontinue any or all of the Site and charge, modify, or waive any fees required to use the Site.

Terms of Service for Work Providers

Last Revised: October 1, 2020

WerkNow!™ is a platform through which Work Providers can post opportunities (Work Opportunities) for short-term labor and assistance from individuals (Work Seekers). As a Work Provider, you understand, acknowledge, and agree that your account is purely for business use and not for personal or any other use.

As a Work Provider, you may provide your account information to other authorized users of your account for business purposes. You agree to indemnify and hold harmless WerkNow!™ from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account.

You acknowledge and agree that WerkNow!™ does not and will not create or assist with the creation of Work Opportunities posted on the Site by Work Providers and that WerkNow!™ does not control and has no control over the content of the Work Opportunities posted on the Site, any links within those opportunities, or any conditions that may be imposed by third party sites linked to those opportunities. You further acknowledge and understand that WerkNow!™ is not under any obligation to screen any Work Opportunities posted on its Site and that it has the sole discretion to exclude or remove any Work Opportunities from its Site for any or no reason and without recourse to you as the Work Provider. WerkNow!™ cannot and does not confirm the validity, accuracy, or completeness of any Work Opportunity and assumes no responsibility and disclaims all liability for the content, accuracy, validity, completeness, legality, reliability, and availability of any Work Opportunities.

As a condition of creating a profile and/or posting a Work Opportunity, Work Providers agree to indemnify, defend, and hold harmless WerkNow!™, its agents, and affiliates from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any profile or Work Opportunity created by you, the Work Provider, or any communications, documents, and information transmitted by you.

By creating a profile on the Site, you are requesting and authorizing WerkNow!™ to make your profile and the information you intend to share with Work Seekers to Work Seekers. WerkNow!™ is not under any obligation to screen profiles created by Work Providers on its Site. You acknowledge and understand that WerkNow!™, at its sole discretion, can exclude or remove any Work Provider profiles from its Site for any or no reason without recourse to you as the Work Provider. WerkNow!™ cannot and does not confirm the validity, accuracy, or completeness of any profiles created on its Site and assumes no responsibility and disclaims all liability for the content, accuracy, validity, completeness, legality, and reliability of all Work Provider profiles. If you see any inaccuracy in any such material, you as the Work Provider are solely responsible for correcting any such information or, if unable to do so for reasons beyond or out of your control, to contact WerkNow!™ to do so.

Any information that you as a Work Provider submit or share through the Site is subject to this Agreement. Once you provide any such information to a Work Seeker, WerkNow!™ does not have control over the Work Seeker’s use or disclosure of that information. If you, as the Work Provider, want the receiving Work Seeker to delete, modify, or maintain confidence over such information, you must make that request of the Work Seeker. WerkNow!™ is not responsible and disclaims all liability for the use and disclosure of such information. You acknowledge and agree that WerkNow!™ cannot and does not guarantee that any information disclosed to a Work Seeker relating to a Work Opportunity will be delivered to, received by, accessed, read, or acted upon by the Work Seeker and cannot and does not guarantee that there will be no mistakes or errors in the transmission of such information to the Work Seeker or the storage of such information on the Site. However, and while not obligated to do so, WerkNow!™ may notify you when any such events occur. If you do not feel comfortable communicating and sharing information regarding Work Opportunities through the Site, do not use the Site to transmit your information to a Work Seeker. Instead, send your information directly to the Work Seeker by whatever other method you so choose, including but not limited to U.S. mail. You may contact the Work Seeker directly to find alternative methods of application or submission if you do not wish to do so through the Site.

WerkNow!™ does not guarantee the identify or qualifications of a Work Seeker and cautions Work Providers when posting Work Opportunities and communicating and sharing information regarding the same with Work Seekers. WerkNow!™ is not responsible and disclaims all liability for the disclosure of such information. You, as the Work Provider, understand and agree that you are solely responsible for verifying the identity and qualifications of any Work Seeker you are considering for hire prior to hire and for taking any and all steps necessary to determine the Work Seeker’s qualifications for the Work Opportunity prior to hire. You understand and agree that you as the Work Provider are solely responsible for and that WerkNow!™ has no control over, does not assist with, and has no obligation to assist with or participate in the screening process or the criteria maintained, utilized, and employed by Work Providers during the Work Seeker evaluation process.

WerkNow!™ has no control over and cannot and does not screen any communications between Work Providers and Work Seekers at any time and disclaims any liability regarding the content, legality, accuracy of any communications between Work Providers and Work Seekers through the Site. WerkNow!™ has no control over and disclaims any liability regarding any communications that occur outside of the Site. That said, Work Providers are strictly prohibited from posting or transmitting any information through the Site that contains: (i) any highly confidential or sensitive personal information, such as social security numbers, credit card and bank information, health and medical information, and online account information; (ii) trade secret, proprietary, or confidential information; (iii) advertisements, solicitations, pyramid schemes, investment opportunities, sales opportunities, and other unsolicited commercial information and communications; (iv) any unlawful content; (v) any lewd, sexual, or salacious content; and (vi) content that directly or indirectly violates the Site rules.

You as the Work Provider understand and agree that you are solely responsible for retaining copies of any communications, documents, and information transmitted between you and any Work Seekers. WerkNow!™ is not responsible for and disclaims any liability for any communications, documents, and information transmitted between Work Providers and Worker Seekers that are not retained, are inadvertently lost or deleted, or otherwise are no longer in the (known) possession of a Work Provider.

Work Providers agree to timely pay all invoices and account balances. To the extent permitted by law, if a Work Provider has an unpaid or outstanding invoice or account balance, WerkNow!™ reserves the right to suspend or terminate the Work Provider’s account. WerkNow!™ may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower, (ii) a statutory lump-sum indemnity for recovery costs, if provided under applicable laws, and (iii) any reasonable expenses and attorney fees WerkNow!™ incurs collecting such late payments. You as a Work Provider understand and agree to the reasonableness of these penalties.

Terms of Service for Work Seekers

Last Revised: October 1, 2020

WerkNow!™ is a platform through which Work Seekers can search for opportunities (Work Opportunities) to provide short-term labor and assistance to individuals and entities seeking such short-term labor and assistance (Work Providers). Searching for such opportunities is free for Work Seekers. WerkNow!™ does not create or assist with the creation of the Work Opportunities posted on the Site and you acknowledge and understand that such opportunities are created by Work Providers, not WerkNow!™, and that WerkNow!™ does not control and has no control over the content of the Work Opportunities posted on the Site, any links within those opportunities, or any conditions that third parties might impose once a Work Seeker has submitted an application or left the Site. If you follow or click on any links in the Site that take you to a third-party website, you accept any terms and conditions imposed by that third party. You further acknowledge and understand that WerkNow!™ is not under any obligation to screen any Work Opportunities posted on its Site and that it has the sole discretion to exclude or remove any Work Opportunities from its Site for any or no reason. WerkNow!™ cannot and does not confirm the validity, accuracy, or completeness of any Work Opportunity and assumes no responsibility and disclaims all liability for the content, accuracy, validity, completeness, legality, reliability, and availability of any Work Opportunities.

By creating a profile on the Site, you are requesting and authorizing WerkNow!™ to make your profile and the information you intend to share with Work Providers to Work Providers. WerkNow!™ is not under any obligation to screen profiles created by Work Seekers on its Site. You acknowledge and understand that WerkNow!™, at its sole discretion, can exclude or remove any Work Seeker profiles from its Site for any or no reason. WerkNow!™ cannot and does not confirm the validity, accuracy, or completeness of any profiles created on its Site and assumes no responsibility and disclaims all liability for the content, accuracy, validity, completeness, legality, and reliability of all Work Seeker profiles. If you see any inaccuracy in any such material, you as the Work Seeker are solely responsible for correcting any such information or, if unable to do so for reasons beyond or out of your control, to contact WerkNow!™ to do so.

Any information that you as a Work Seeker submit or share through the Site is subject to this Agreement. Once you provide any such information to a Work Provider, WerkNow!™ does not have control over the Work Provider’s use or disclosure of that information. If you, as the Work Seeker, want the receiving Work Provider to delete, modify, or maintain confidence over such information, you must make that request of the Work Provider. WerkNow!™ is not responsible and disclaims all liability for the use and disclosure of such information. You acknowledge and agree that WerkNow!™ cannot and does not guarantee that any information disclosed to a Work Provider in response to a Work Opportunity will be delivered to, received by, accessed, read, or acted upon by the Work Provider and cannot and does not guarantee that there will be no mistakes or errors in the transmission of such information to the Work Provider or the storage of such information on the Site. However, and while not obligated to do so, WerkNow!™ may notify you when any such events occur. If you do not feel comfortable applying for or responding to Work Opportunities through the Site, do not use the Site to transmit your information to a Work Provider. Instead, send your information directly to the Work Provider by whatever other method you so choose, including but not limited to U.S. mail. You may contact the Work Provider directly to find alternative methods of application or submission if you do not wish to do so through the Site.

WerkNow!™ does not guarantee the identify of a Work Provider or any individuals working for or representing such Work Providers, and cautions Work Seekers when applying for or responding to Work Opportunities posted on the Site. WerkNow!™ cannot and does not make any guarantee regarding health and safety measures in a Work Provider’s hiring or interview process. WerkNow!™ recommends that Work Seekers follow personal health and safety best practices as recommended by the World Health Organization, The Center for Disease Control, and similar organizations.

WerkNow!™ does not guarantee the validity of any job offers and cautions Work Seekers to verify the validity of an offer before taking an adverse action regarding their current employment situations. Work Seekers are solely responsible for verifying the accuracy of any Work Provider job or work offer.

WerkNow!™ has no control over and cannot and does not screen any communications between Work Seekers and Work Providers at any time and disclaims any liability regarding the content, legality, accuracy of any communications between Work Seekers and Work Providers through the Site. WerkNow!™ has no control over and disclaims any liability regarding any communications that occur outside of the Site. That said, Work Seekers are strictly prohibited from transmitting any information through the Site that contains: (i) any highly confidential or sensitive personal information, such as social security numbers, credit card and bank information, health and medical information, and online account information; (ii) trade secret, proprietary, or confidential information of a current or past employer; (iii) advertisements, solicitations, pyramid schemes, investment opportunities, sales opportunities, and other unsolicited commercial information and communications; (iv) any unlawful content; (v) any lewd, sexual, or salacious content; and (vi) content that directly or indirectly violates the Site rules.

As a condition of creating a profile, you as a Work Seeker agree to indemnify and hold harmless WerkNow!™, its agents, and affiliates from any claim or liability (including without limitation reasonable legal fees) arising out of any profile created by you, any Work Opportunities to which you respond or express an interest, or any communications, documents, and information transmitted between you and a Work Provider. You also agree and understand that WerkNow!™, as a platform designed to connect Work Providers with Work Seekers, has no control over Work Provider’s worksites, the terms and conditions of the Work Opportunities provided, compensation for work performed, or any other conduct, communications, and circumstances occurring outside of the Site, and you understand and agree to indemnify and hold harmless WerkNow!™ for any claim or liability arising out of your engagement or employment by a Work Provider, the work performed for a Work Provider, or any other events occurring outside of the Site.

Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connect with this Agreement or relating in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the State of Wisconsin. As a condition of using, accessing, or interacting with the Site, all Work Seekers and Work Providers acknowledge and agree that any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located within the Eastern District of Wisconsin.

Further, all Work Seekers and Work Providers understand and agree that they hereby waive any right to a jury trial in connection with any action or litigation related to such Dispute.

Class Action Waiver

By using the Site and in return for the services offered to you by WerkNow!™, all Work Seekers and Work Providers acknowledge that WerkNow!™ can only offer such services under the terms and conditions as presented in this Agreement. As partial consideration for your use of the Site and WerkNow!™’s services, you, as a Work Seeker or Work Provider, agree not to sue WerkNow!™ as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against WerkNow!™ regarding or relating to your use of the Site.

Terms of Service for All Users

The following terms and conditions apply to all Work Seekers, Work Proviers, and all other users who access or use the Site, or otherwise indicate their acceptance of this Agreement.

Work Opportunities posted on the Site may contain external links that are owned and/or operated by third parties not associated with or otherwise controlled by WerkNow!™ All users acknowledge and agree that WerkNow!™ is not responsible or liable for the content, terms and conditions imposed by, and any adverse effects suffered as a result of following any such links.

Work Opportunities posted on the Site may also embed content and information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy.

Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is strictly prohibited. WerkNow!™ reserves the right to take such action as it considers necessary, including initiating legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, or if you wish to make use of the Site in any capacity other that that of Work Seeker or Work Provider, you must have prior written authorization from and agreement with WerkNow!™ to do so, or have accepted WerkNow!™’s online terms of service. Please contact WerkNow!™ for more information. WerkNow!™ reserves the exclusive right at all times (but will not have any obligation) to terminate users for any reason.

You must not post or disseminate any user content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial, or other discriminating slurs, or that contains no relevant or constructive content. You must also not post or disseminate any User Content that contains official identification information, proprietary information, trade secrets, confidential information, advertisements, solicitations, pyramid schemes, investment opportunities, or other unsolicited commercial communication. “Official identification information” includes, but is not limited to, social security numbers, passport numbers, national identification numbers, insurance numbers, driver’s license numbers, immigration numbers, or any other similar number, code, or identifier, whether of you or anyone else. WerkNow!™ may remove such inappropriate information, but does not undertake an obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information.

All users represent and warrant that: (i) you own the content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such content. You agree to defend, indemnify and hold harmless WerkNow!™ and its affiliates from any claims resulting from any such content.

WerkNow!™ reserves the right to disclose all user content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners, and its visitors; and to comply with legal obligations and governmental requests. This means, for example, that WerkNow!™ may honor subpoenas, search warrants, law enforcement, or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information.

Without limiting the generality of the foregoing, WerkNow!™ reserves the right (but is under no obligation) to remove any Work Opportunity that directly or indirectly discriminates against Work Seekers. Direct discrimination means, for example, a Work Opportunity that specifically makes clear that only Work Seekers matching a certain criterion are wanted, excluding others because of, for example, their gender, race, age, or disability. Indirect discrimination means, for example, that a Work Opportunity implicitly excludes certain classes of Work Seekers by making it impossible for them to quality for the job requirements. Work Providers understand and agree that it is their responsibility to refrain from posting any Work Opportunities that directly or indirectly discriminate against Work Seekers or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

All users agree that they will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with WerkNow!™, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your account and ability to use the Site. You agree that you are solely responsible for (and that WerkNow!™ has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which WerkNow!™ may suffer) of any such breach.

All users agree that they shall not transmit to WerkNow!™ or upload to or through the Site (whether as content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

Without limiting the foregoing and by way of example only, all users may not:

Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
data mining the Site or any content, service, or property provided by WerkNow!™;
sending messages to users who have asked not to be contacted; and
selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure.

Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
Conduct or forward pyramid schemes or similar programs.
Transmit content that may be harmful to minors.
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from the Site.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other users’ enjoyment of the Site.
Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any account.
Modify, adapt, translate, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
Reformat or frame any portion of the web pages that are part of the Site without WerkNow!™’s explicit written permission.
Contact other users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics WerkNow!™ considers detrimental to its users.
Create multiple accounts without permission.
Bypass any limitations or suspensions of functionality.
Provide false information.
Scrape or otherwise replicate any WerkNow!™ content for competitive purposes.

WerkNow!™ further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of communications delivery (including attachments), account login, or any other services provided by WerkNow!™ as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site or WerkNow!™ services. Under no circumstances will WerkNow!™ be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, services, content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, WORK OPPORTUNITIES, USER CONTENT, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. WERKNOW!™AND ITS AFFILIATES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WERKNOW!™AND ITS AFFILIATES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, WORK OPPORTUNITIES, USER CONTENT, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE SITE. WERKNOW!™AND ITS AFFILIATES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

UNDER NO CIRCUMSTANCES SHALL WERKNOW!™OR ITS AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF WERKNOW!™OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF WERKNOW!™AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID WERKNOW!™TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall WerkNow!™ or its affiliates be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of WerkNow!™.

Severability

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

Limiting Access to Minors

WerkNow!™ hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that WerkNow!™ does not endorse any of the products or services listed on such sites.

Use of Site by Minors

The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for WerkNow!™ to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. All users under the age of 18 years old must use WerkNow!™ under the supervision of a parent, legal guardian or responsible adult.

Questions and Complaints

If you have any questions or complaints regarding the Site or your experience using WerkNow!™’s Site, please contact us for support.

Miscellaneous Provisions

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by WerkNow!™. This Agreement, together with any amendments and any additional agreements you may enter into with WerkNow!™ in connection with the Site, shall constitute the entire agreement between you and WerkNow!™ concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and a WerkNow!™ employee ore representative shall not constitute an amendment or alteration of this Agreement.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including all U.S. federal laws and regulations, copyright laws and other laws regarding intellectual property, as well as all laws of the State of Wisconsin.

You understand and acknowledge that WerkNow!™ owns all right title and interest to the Site and all proprietary rights associated therewith. WerkNow!™ reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your user content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

You may not assign or delegate any of your rights or obligations hereunder without WerkNow!™’s prior written consent and any such attempt is void. WerkNow!™ may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, WerkNow!™ may assign any agreement between you and WerkNow!™ to any related WerkNow!™ entity by informing you of such assignment. WerkNow!™ and you are not in a legal partnership, agency relationship, or employment relationship. When WerkNow!™ provides the Site or any related services to you, it does so solely in its capacity as a service provider.