WORKING TECHNOLOGY LLC
WEBSITE HOSTING TERMS OF SERVICE AGREEMENT
Last Revised: July 10, 2018
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Working Technology, a Missouri limited liability company (“Working Technology LLC”) and you, and is made effective as of the date of your use of this website (“Site”). This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
The terms “we”, “us” or “our” shall refer to Working Technology LLC. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. MODIFICATION OF AGREEMENT, SITE OR SERVICES
Working Technology LLC may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Working Technology LLC may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Working Technology LLC assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Working Technology LLC may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You.
WORKING TECHNOLOGY LLC RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
3. YOUR ACCOUNT
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Working Technology LLC that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Working Technology LLC has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Working Technology LLC reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, Working Technology LLC recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify Working Technology LLC immediately of any breach of security or unauthorized use of your Account. Working Technology LLC will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Working Technology LLC or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
4. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
i. Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
ii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
iii. You will not use this Site or the Services in a manner (as determined by Working Technology LLC in its sole and absolute discretion) that:
o Is illegal, or promotes or encourages illegal activity;
o Promotes, encourages or engages in child pornography or the exploitation of children;
o Promotes, encourages or engages in terrorism, violence against people, animals, or property;
o Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
o Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
o Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
o Infringes on the intellectual property rights of another User or any other person or entity;
o Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
o Interferes with the operation of this Site or the Services found at this Site;
o Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
o Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Working Technology LLC or Working Technology LLC’s Services.
iv. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Working Technology LLC.
v. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
vi. You will not access Working Technology LLC Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Working Technology LLC may designate.
vii. You agree to back-up all of your User Content so that you can access and use it when needed. Working Technology LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
viii. You will not re-sell or provide the Services for a commercial purpose, including any of Working Technology LLC’s related technologies, without Working Technology LLC’s express prior written consent.
ix. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Working Technology LLC Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Working Technology LLC Content or the User Content therein.
x. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
xi. You are aware that Working Technology LLC may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Working Technology LLC asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Working Technology LLC is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Working Technology LLC that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Working Technology LLC. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Working Technology LLC that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Working Technology LLC. Message and data rates may apply.
5. DISCONTINUED SERVICES; END OF LIFE POLICY
Working Technology LLC reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Working Technology LLC makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by Working Technology LLC, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Working Technology LLC will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Working Technology LLC in its sole and absolute discretion. Working Technology LLC may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Working Technology LLC will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
6. FEES AND PAYMENTS
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable.
Price Changes. Working Technology LLC reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Payment Types. You may pay for Services by using electronic payment from your personal or business checking account. A link for invoice payment is included on the invoice.
Auto-Renewal Terms. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION IN OR A LOSS OF SERVICE, ALL SERVICES ARE SETUP FOR AUTOMATIC RENEWAL. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR.
UNLESS YOU REQUEST TO DISABLE THE AUTOMATIC RENEWAL OPTION, WORKING TECHNOLOGY LLC WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AT WORKING TECHNOLOGY LLC’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MUST CONTACT WORKING TECHNOLOGY LLC AT LEAST 45 DAYS PRIOR TO YOUR CURRENT TERM EXPIRATION DATE, IN WHICH CASE, YOUR SERVICES WILL TERMINATE IMMEDIATELY. WORKING TECHNOLOGY LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME IF YOU EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES.
NO REFUNDS WILL BE GIVEN FOR SERVICES YOU WANT TO CANCEL THAT HAVE ALREADY RENEWED AUTOMATICALLY.