Terms and Conditions

Terms and Conditions

Terms and Conditions of Website Use

This page states the “Terms & Conditions of Use” under which customers and users (collectively “Users”) may use http://workatthespot.com and other websites under the Company’s control (whether partial or otherwise). Access to this website and the use of information on it is subject to these Terms & Conditions of Use. You should carefully read these Terms & Conditions of Use. By proceeding further, you will be deemed to have accepted them.

Definitions

In these Terms & Conditions of Use, the following terms shall have the meanings indicated:

  1. “Customers” means individuals or entities who use this website or the services of the Company or who undertake any other business with the Company;
  2. “The Work Spot” means The Work Spot, LLC;
  3. “Privacy Policy” means our statement of practice as regards the privacy and security of your information when accessing and/or using this website and any of the features hereon;
  4. “Service(s)” means the services to be provided by The Work Spot.
  5. “Terms & Conditions of Use” and “Agreement” means the terms and conditions of Company as referred to and/or contained herein;
  6. “you” means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website;
  7. “we” and “our” and “us” means The Work Spot.

Use of service

The Work Spot grants you permission to use the Service as set forth in this Agreement, provided that you will otherwise comply with the terms and conditions of this Agreement.

You do not have to register in order to visit The Work Spot. To access certain features of the Service, though, you will need to register with The Work Spot and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Work Spot immediately of any breach of security or unauthorized use of your account. Although The Work Spot will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of The Work Spot or others due to such unauthorized use.

By providing The Work Spot your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We reserve the right to determine whether you may opt out of service-related emails. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Granting of License

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to The Work Spot a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. The Work Spot reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). The Work Spot may terminate this license at any time for any reason or no reason.

Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of The Work Spot and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place The Work Spot under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, The Work Spot does not waive any rights to use similar or related ideas previously known to The Work Spot, or developed by its employees, or obtained from sources other than you.

Termination of account

The Work Spot may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Your Responsibilities and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

  1. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
  2. Your User Content and The Work Spot’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
  3. The Work Spot may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise

Links to Other Sites

This website contains hypertext links to websites not maintained by the Company or any member of The Work Spot. Neither The Work Spot nor any member of The Work Spot endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No member of The Work Spot is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. The Work Spot hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.

General

The Work Spot makes no claims that the Materials may be lawfully viewed or downloaded outside of the USA. Access to the Materials may not be legal by certain persons or in certain countries. If Users access this site from outside of the USA, it does so at its own risk and is solely responsible for compliance with the laws of, or applicable to, its jurisdiction.

Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions of Use, shall lie exclusively with the state of Georgia, USA and the Terms & Conditions of Use shall be construed in accordance with the laws of the state of Georgia, USA. You agree that venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Work Spot products or services) shall be in the state or federal courts located in Gwinnett County, Georgia, USA. If any provision of these Terms & Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.

Disclaimer as to Accuracy of Information

Care has been taken in the preparation of the information contained on this website. However, we do not make any representations or warranties as to the accuracy of the information contained on this website.

Not an Offer or Solicitation

The information contained on this Website is not intended to nor does it constitute an offer or solicitation of services.

Privacy Policy

The Work Spot will use your personal data in the manner set out in its Privacy Policy. However, in the event of a conflict between the Privacy Policy and these Terms & Conditions of Use, the Terms and Conditions of Use shall prevail.

Indemnification

You agree to indemnify, defend, and hold harmless The Work Spot, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

LIMITS OF LIABILITY

The Work Spot makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall The Work Spot, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

With respect to goods or services purchased directly from The Work Spot through the website, The Work Spot’s liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if The Work Spot so chooses.

Copying

The information contained on this website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of The Work Spot.

Amendments

The contents of this website, including these Terms & Conditions of Use, any information contained on this website and The Work Spot’s Privacy Policy are subject to change and to being updated without notice from time to time. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

This agreement dated January 12, 2011.

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