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WORKTANGO INC.
TERMS OF USE

 

WORKTANGO INC. (“WORKTANGO”) OWNS AND OPERATES THIS SITE LOCATED AT WWW.WORKTANGO.COM (THE “SITE”). THESE TERMS OF USE APPLY TO USERS OF THIS SITE (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS SITE), INCLUDING USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS SITE OR WHO ACCESS THE SURVEYS MADE AVAILABLE THROUGH THE SITE BUT DOES NOT APPLY TO ENTITIES WHO HAVE SEPARATELY SUBSCRIBED FOR THE SERVICE WHO HAVE ENTERED INTO A SEPARATE AGREEMENT WITH WORKTANGO.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS SITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS SITE OR ACCESS ANY OF ITS CONTENT.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY WORKTANGO FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE OF THE SITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES THAT MAY BE ADDED TO THIS SITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

  1. Our collection and use of your personal information is governed by the terms of our Privacy Policy.
  2. Use of Services, Disclaimer WorkTango makes surveys available to respondents on the request of subscribers to our services, such as employers and other third parties (“Customers”). WorkTango only contacts you at the request of our Customers, and not otherwise. At the request of our Customers, we may make “Surveys” (such as third-party employee wellness surveys or similar) available to you. WorkTango is not and shall not be responsible or liable for the content, accuracy, usefulness, availability or otherwise of any Survey or any communication sent to you through the Service on behalf of a Customer.
  3. Third Party Trademarks and Logos. WorkTango may display the trademarks and logos of Customers through the Site. All product names, logos, and brands are the property of their respective owners. All company, product and service names used on this Site are for identification purposes only
  1. Conduct. You shall not (a) copy or distribute any part of this Site (including all of the contents of the Site), (b) alter or modify any part of the Site, (c) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;  (d) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (e) collect or store personal data about other users or viewers; or (f) resell the content of the Site, the use of the Site or access to the Site or the content of the Site.

You also agree not to access the Site in a manner that utilizes the resources of the Site more heavily than would be the case for an individual person using a conventional web browser.  Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Site.

In using the Services you agree that you will:

  1. a) provide accurate information when registering and keep such information up to date;
  2. b) treat the other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties, or do anything that breaches the general User conduct guidelines in section 4 below. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 4 below;
  3. c) agree not to upload any content that is harmful, abusive, constitutes hate speech, or is harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public;
  4. d) act honestly and in good faith and in a manner that will not harm the goodwill or reputation of WorkTango; and
  5. e) comply with these terms and all applicable laws, rules, and regulations at all times when using the Services and during any other dealings with WorkTango.

WorkTango Inc. reserves the right to terminate your access to and use of the Site and Service at any time for breach of the foregoing restrictions.

  1. Conduct on the Site Generally. In using the Site and Services You agree that You will not:

(a)  copy or distribute any part of the Site without our prior consent;

(b) alter or modify any part of the Site;

(c)  upload, post, email, transmit or otherwise make available on the Site or through the Service or provide to us for use through the Service:

  1. any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
  2. any materials where the use of those materials through the Service would infringe upon the intellectual property rights of a third party or to which you do not hold all necessary rights,
  3. any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm any person in any way;
  4. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  5. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Site or that of any User or visitor to the Site or that compromises any person’s privacy;

(d)  impersonate any person or entity or misrepresent Your affiliation with a person or entity;

(e) interfere with or disrupt the Site or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(f) collect or store personal information about other users; or

(g) resell the content of the Site, the use of the Site or access to the Site or the content of the Site.

(h) attempt to identify any User that participated in a confidential survey as part of the Service

You agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing.

  1. Intellectual Property Rights. WorkTango and its licensors and clients reserve all rights, including without limitation all intellectual property rights, to the Site and all content published on the Site. If You provide WORKTANGO with any suggestions, comments or other feedback (“Feedback“) relating to the Site, WORKTANGO may use such Feedback in the Site or in any other WORKTANGO products or services (collectively, ” WORKTANGO Offerings“). Accordingly, You agree that: (a) WORKTANGO is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to WORKTANGO, (c) WORKTANGO (including all of its successors and assigns and any successors and assigns of any of the WORKTANGO Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any WORKTANGO Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from WORKTANGO or any of the other users of the Site.
  2. Use of the Site. WORKTANGO does not guarantee the accuracy, integrity or quality of content on the Site. Users acknowledge that by using the Site, they may be exposed to materials that are offensive, indecent or objectionable.  Under no circumstances will WORKTANGO be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available on the Site.

The information and materials on this Site may contain technical inaccuracies or typographical errors.  Certain materials on this Site may have been submitted by viewers or other participants in the various forums on this Site.

WORKTANGO may alter, suspend, or discontinue this Site at any time and for any reason or no reason, without notice. The Site may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  WORKTANGO may periodically add or update the information and materials on this Site without notice.

  1. Other Users’ Conduct. We are not responsible for the behaviour, acts or omissions of Users of the Services, including any content that is uploaded to the Site and Platform. If you feel that another User has threatened, harassed or otherwise acted in an inappropriate manner, or has created any User content that is in violation of these Terms of Use, you may notify us of this conduct by contacting us at [email protected]  We will take appropriate steps as necessary to review and respond to your complaint.  By submitting a complaint you acknowledge and agree that we may disclose your identity to the User in question in order to follow up directly with you in regards to your complaint.
  2. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS.”  SPECIFICALLY, BUT WITHOUT LIMITATION, WORKTANGO DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS SITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WORKTANGO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  WORKTANGO DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY SITE THAT CAN BE REACHED FROM A LINK ON THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND WORKTANGO SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
  3. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WORKTANGO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS SITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE.  THESE LIMITATIONS SHALL APPLY EVEN IF WORKTANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  4. Links to Third-Party Sites. This Site may contain links to other websites that are not owned or controlled by WORKTANGO.  WORKTANGO is not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Site are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence on the Site of a link to any non-WORKTANGO websites does not imply that WORKTANGO endorses or accepts any responsibility for the content or use of such websites, and You hereby release WORKTANGO from all liability and/damages that may arise from Your use of such websites or receipt of services from any such Sites.

While WORKTANGO encourages links to the Site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of WORKTANGO for which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. WORKTANGO reserves the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon the request of WORKTANGO.

  1. No Implied Endorsements. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by WORKTANGO of that third party, third party product or service.
  2. Termination. WORKTANGO may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Site or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of use or any other agreement that You may have with WORKTANGO (including, without limitation, non-payment of any fees owed in connection with the Site or otherwise owed by You to WORKTANGO), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the Site may also include removal of some or all of the materials uploaded by You to the Site.  You acknowledge and agree that all terminations may be made by WORKTANGO in its sole discretion and that WORKTANGO shall not be liable to You or any third-party for any termination of Your access to this Site or for the removal of any of the materials uploaded by You to the Site.  Any termination of these terms of use by WORKTANGO shall be in addition to any and all other rights and remedies that WORKTANGO may have.
  3. Security. Information sent or received over the Internet is generally unsecure and WORKTANGO cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
  4. Enforcement of Terms and Conditions. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  The failure of WORKTANGO to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by WORKTANGO must be in writing and shall only apply to the specific instance identified in such writing.  No waiver by WORKTANGO of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision.  You agree that any cause of action that You may have arising out of or related to this Site or Your use of this Site must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
  5. Copyright and Trademark Information. This Site, and the information and materials that it contains, are the property of WORKTANGO and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws.  All WORKTANGO product names and logos are trademarks or registered trademarks of WORKTANGO Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.  Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any materials displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of WORKTANGO.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site.

This Site is Copyright © 2021 WORKTANGO Inc.  All rights reserved.

  1. Assignment. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without WORKTANGO’s prior written consent. WORKTANGO may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.
  2. Survival. In addition to Sections 5, 6 and 7, all representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use.  Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination.  All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.
  3. Entire Agreement. These terms of use, together with any privacy policy that may be published on the Site, constitute the entire agreement between the parties relating to the Site and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by WORKTANGO. Subscription agreements between WorkTango and Customers to the Service shall be in addition to these terms of use.

 

Last Updated: May 21, 2021