Please Read These Terms Carefully Before Using This Site 

 

This website (the "Site") is provided by WorkSmart (or “we” or “us”) and may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to abide by these Terms of Use and our Privacy Policy. If you do not agree to abide by these Terms of Use or our Privacy Policy, do not use the Site or download materials from the Site. 

 

PROPRIETARY RIGHTS 

 

The intellectual property rights including copyrights in all material stored, displayed and accessible on the Site (together “Content”) are owned by WorkSmart. All such rights are reserved. Any unauthorized use, redistribution or reproduction of any such intellectual property or copyrighted materials on this Site is strictly prohibited. WorkSmart trademarks may not be used without first obtaining written permission from WorkSmart. All other third-party trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners and may not be used without their permission. 

 

LIMITED LICENSE 

 

The Content is provided as a service to WorkSmart's clients and potential clients. You may only access, print, and/or use the Content if you include and retain all proprietary rights notices appearing on such materials, and your use is restricted to your or your company's own internal use, and you agree not to use it for any public or commercial purposes. You may not copy, distribute, or create derivative works from the Content. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. 

 

DISCLAIMER 

 

WorkSmart does not warrant the completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. 

 

WorkSmart reserves the right, in its sole discretion, to correct any errors or omissions in any portions of the Site. To the fullest extent permitted by law, WorkSmart disclaims all representations and warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. 

 

HYPERLINKED WEBSITES 

 

This Site may contain links to other websites not under WorkSmart’s control. If you decide to visit any linked site, you do so at your own risk. WorkSmart makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. 

 

USER INFORMATION 

 

WorkSmart does not want you to, and you should not, send any confidential or proprietary information to WorkSmart via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to WorkSmart will not be considered confidential or proprietary, and you further agree that WorkSmart is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to WorkSmart.  This does not pertain to your Personal Data as defined in our Privacy Policy. 

 

USER RESTRICTIONS 

 

While using the Site, you may not: 

  1. restrict or inhibit any other user from using and enjoying the Site; or
  2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic,profane, threatening, abusive, hateful, offensive, or otherwise objectionable information ofany kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or 
  3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes,

investment opportunities or schemes or other unsolicited commercial communication 

(except as otherwise expressly permitted by us) or engage in spamming or flooding; or 

  1. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
  2. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or 
  3. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right  holder; or 
  4. upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws. 

 

We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect the Site, WorkSmart, or our customers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. This license and your right to use the Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your use of the Site and our materials, you must destroy any downloaded materials in your possession whether in electronic or printed format that are not your property or information. 

 

USE VIA INTERNET AND VIA MOBILE DEVICES 

 

Use of these Services are electronic via the internet. You are solely responsible for any access to and connection to the Site. We are not responsible for any delay, service interruption or loss of data related to your connection to our Site. You may be able to access the Site through a compatible mobile device or Internet access, which may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider(s). 

 

LIMITATION OF LIABILITY 

 

In no event shall WorkSmart or any of its subsidiaries, officers or employees be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data) that are related to the use of, or the inability to use, the content and functions of the site or any linked website whether based on breach of contract, breach of warranty, tort, negligence, product liability or otherwise, even if advised of the possibility of such damage. 

 

REVISIONS 

 

WorkSmart reserves the right, in its sole discretion, to modify any and all portions of the Site without notice. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the Site after any changes are posted will be considered acceptance of those changes. 

 

GOVERNING LAW 

  

These Terms and Conditions and any dispute related to them shall be governed and construed in accordance with the laws of the State of North Carolina excluding any choice or conflict of law rules or provision that would result in the application of the substantive law of any other jurisdiction. WorkSmart and you agree that the state and federal courts in North Carolina, including the Superior Court for Durham County and the Middle District of North Carolina, will be the sole and exclusive forum for any dispute related to these Terms of Use or your use of the Site.