WRKR SOLUTIONS, INC.
TERMS OF SERVICE
Last Updated: November 16, 2016
These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by Wrkr Solutions, Inc. (“Wrkr” or “we”). By registering to use the Services, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
1 Description of the Services
Wrkr provides a service that matches you with employers to perform “on-demand” work. Wrkr collects certain information from you, applies on your behalf to jobs in which you are interested, and notifies you when an employer determines you qualify for a given job. Once you have qualified for a particular job, if an “on-demand” work opportunity arises, you will receive a notification from Wrkr via SMS or email. You may then either choose to accept the “on-demand” assignment or to decline it, through Wrkr’s online scheduling tool. You may qualify for more than one job, and may accept assignments for more than one job, provided that the shifts are at different times. Any employment relationship that is created as a result of your use of the Services is between you and the employer, not between you and Wrkr. Wrkr is a platform to connect you with potential employers. Any decisions to hire, fire, promote, demote, or otherwise change the terms and conditions of your employment is solely in the control of the employer. Wrkr, similarly, cannot guarantee any number of hours or the conditions of any employment relationship obtained through Wrkr’s platform.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. No other person or entity may access or use our Services on your behalf.
3 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. When using the Services, your phone, tablet, or computer must adhere to certain software and hardware requirements.
5 User Content
Our Services may allow you and other users to create, post, store and share content, including job applications, messages, text, photos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Wrkr.
You grant Wrkr and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
6 Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
▪ Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
▪ Use or attempt to use another user’s account;
▪ Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
▪ Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
▪ Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
▪ Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
▪ Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services; or
▪ Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
▪ Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
▪ May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
▪ Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
▪ Impersonates, or misrepresents your affiliation with, any person or entity;
▪ Contains any unsolicited promotions, political campaigning, advertising or solicitations;
▪ Contains any private or personal information of a third party without such third party’s consent;
▪ Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
▪ Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Wrkr or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
7 Third Party Services and Content
In using our Services, you may view content or otherwise interact with content provided by third parties, including, but not limited to, links and/or connections to websites, or applications of such parties (“Third Party Content”). Wrkr does not control, endorse or adopt any Third Party Content and you acknowledge and agree that Wrkr will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. Wrkr is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings.
8 Relationship with Wrkr
You acknowledge and agree that you and Wrkr are in a direct business relationship, and the relationship between you and Wrkr under these Terms is solely that of independent parties. You and Wrkr expressly agree that: (a) this is not an employment agreement and does not create an employment relationship between you and Wrkr; and (b) no joint venture, partnership, or agency relationship is intended or created by these Terms. You have no authority to bind Wrkr and you agree not to hold yourself out as an employee, agent or authorized representative of Wrkr.
Wrkr does not, and shall not be deemed to, direct or control you generally or in your performance with any third party. You retain the sole right to determine when, where, and for how long you will utilize the Services, and any potential employer has the right to select or reject your services. You retain the option to accept or to decline or to ignore any request from a third party via the Services, or to cancel any accepted request from a third party. You acknowledge and agree that you have complete discretion in any interaction with third parties initiated via the Services or otherwise engage in other business or employment activities. You further acknowledge that Wrkr is a platform to connect you and employers, and that Wrkr is not your joint employer or client employer.
9 Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Wrkr Content”) are owned by or licensed to Wrkr and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Wrkr and our licensors reserve all rights in and to our Services and the Wrkr Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Wrkr Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Wrkr Content; (b) copy, reproduce, distribute, publicly perform or publicly display Wrkr Content, except as expressly permitted by us or our licensors; (c) modify the Wrkr Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Wrkr Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Wrkr Content other than for their intended purposes. Any use of our Services or Wrkr Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Wrkr or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Wrkr. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11 Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Wrkr’s Designated Agent as follows:
Address: Wrkr Solutions, Inc.1877 Broadway
Suite 100 Boulder, CO 80302
Telephone Number: 415 854 1619
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Wrkr for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Wrkr, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Wrkr Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services, (b) your User Content or Feedback, (c) your violation of these Terms, (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), or (e) your conduct in connection with our Services. You agree to promptly notify Wrkr Parties of any third party Claims, cooperate with Wrkr Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Wrkr Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Wrkr or the other Wrkr Parties.
We do not control, endorse or take responsibility for any User Content or Third Party Content available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Wrkr does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Wrkr attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
14 Limitation of Liability
Wrkr and the other Wrkr Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Wrkr or the other Wrkr Parties have been advised of the possibility of such damages.
The total liability of Wrkr and the other Wrkr Parties, for any claim arising out of or relating to these Terms, our Services, or any interaction with a third party via our Services regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Wrkr or the other Wrkr Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Wrkr and the other Wrkr Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16 Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
17 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Wrkr and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Wrkr seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Wrkr seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Wrkr waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Wrkr agree that any dispute arising out of or related to these Terms or our Services is personal to you and Wrkr and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Wrkr agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Wrkr agree that for any arbitration you initiate, you will pay the filing fee and Wrkr will pay the remaining JAMS fees and costs. For any arbitration initiated by Wrkr, Wrkr will pay all JAMS fees and costs. You and Wrkr agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and WRKR will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by emailing Wrkr at firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
18 Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.
19 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
22 Additional Terms Applicable to iOS Devices
The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).
- Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and Wrkr, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
- Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Maintenance and Support. You and Wrkr acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Wrkr. However, you understand and agree that in accordance with these Terms, Wrkr has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
- Product Claims. You and Wrkr acknowledge that as between Apple and Wrkr, Wrkr, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Wrkr, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
- Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to:
Wrkr Solutions, Inc.
Suite 100 Boulder, CO 80302
- Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.
- Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
These Terms constitute the entire agreement between you and Wrkr relating to your access to and use of our Services. The failure of Wrkr to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Last Updated: December 21, 2016
Collection of Information
Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, apply for a job, request customer support or otherwise communicate with us or our third party service providers. The types of information we may collect include your basic user information, insurance information, vehicle information, work history, social security number, financial information, including, but not limited to bank account number, and any other information you choose to provide.
Information We Collect Automatically When You Use the Services. When you access or use our Services, we automatically collect information about you, including:
· Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your internet domain and IP address, and the page you visited before navigating to our Services.
· Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
· Location Information: We may collect information about the location of your device each time you access or use our website or one of our mobile applications or otherwise consent to the collection of this information. For more details, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to identity verification services, customer service providers, credit bureaus, mailing list providers and publicly available sources.
Use of Information
We may use information about you for various purposes, including to:
· Generate job applications and otherwise provide, maintain and improve our Services;
· Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
· Send you technical notices, updates, security alerts and support and administrative messages;
· Respond to your comments, questions and requests and provide customer service;
· Communicate with you about products, services, offers, promotions, and rewards offered by Wrkr and others, and provide news and information we think will be of interest to you;
· Monitor and analyze trends, usage and activities in connection with our Services;
· Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Wrkr and others;
· Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
· Link or combine with information we get from others to help understand your needs and provide you with better service; and
· Carry out any other purpose for which the information was collected.
Sharing of Information
· With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
· In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
· If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Wrkr or others;
· In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
· Between and among Wrkr and its current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
· With your consent or at your direction, which includes, but is not limited to, the submission of job applications.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Wrkr takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Transfer of Information to the U.S. and Other Countries. Wrkr is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
Account Information. You may update, correct or delete information about you at any time by logging into your online account. If you wish to delete or deactivate your account, please email us at email@example.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you.
Location Information. When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application's collection of this information. We currently require this location information in order to use our Services, so if you do not consent to this collection, you cannot use our Services. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, will no longer function. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.
Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies.
Mobile Push Notifications/Alerts. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Your California Privacy Rights. California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at firstname.lastname@example.org.
Wrkr Solutions, Inc.
Suite 100 Boulder, CO 80302