WORKJAM URGES YOU TO READ THESE TERMS CAREFULLY, AS THEY INCLUDE PROVISIONS SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You are responsible for ensuring that your access to or use of the Site and the information, content, and other material available on or through it (“Content”) are legal in each jurisdiction in or through which you download, access or view the Site and such Content.
We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Site. The updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued use of the Site after any such update constitutes your acceptance of such changes.
1. WorkJam's Proprietary Rights:
The Site is owned and operated by WorkJam and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by WorkJam and its partners, as well as other sources, and are protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Site is also protected as a collective work or compilation under copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site. You acknowledge that the Site has been developed, compiled, prepared, revised, selected, and arranged by WorkJam and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of WorkJam and such others. You agree to protect the proprietary rights of WorkJam and all others having rights in the Site during and after the term of these Terms and to comply with all written requests made by WorkJam or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Site. You agree to notify WorkJam immediately upon becoming aware of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Site shall, as between you and WorkJam, at all times be and remain the sole and exclusive property of WorkJam. Any unauthorized use of any material contained on or through the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
2. License and Acceptable Use:
Subject to your compliance with the Terms, you may, as applicable, (a) access and use the Site, and (b) display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device, in each case solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the Site or Content for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Site or Content to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Site or Content; (iv) access or use the Site or Content for purposes of competitive analysis of the Site or Content, the development, provision, or use of a competing service or product or any other purpose that is to WorkJam’s commercial disadvantage; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise cause harm to the Site, WorkJam, other users of the Site, or a third party; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) of the Site or any feature that restricts or enforces limitations on use of or access to the Site; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, if any, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems, or networks connected to the Site, through password mining or any other means; (ix) make the functionality of the Site available to multiple users through any means; (x) use multiple accounts per individual user per device; or (xi) use the Site or Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms and/or applicable laws.
Furthermore, you agree that you will NOT use the Site to:
- (i) upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, violate the right of any third party, or otherwise objectionable;
- (ii) frame or utilize framing techniques to enclose any Content (including any images, text, or page layout);
- (iii) make any modifications to the Content;
- (iv) upload or transmit any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- (v) insert any code or product to manipulate Content in a way that adversely affects any user experience to the Site;
- (vi) use Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
- (vii) stalk, harass, threaten or harm another;
- (viii) request personal or other information from anyone, including other users of the Site;
- (ix) pretend to be anyone, or any entity, you are not, you may not impersonate or misrepresent yourself as another person, entity, another Site user, or otherwise misrepresent your affiliation with a person or entity; or
- (x) plan or engage in any illegal activity and/or gather and store personal information on any other users of the Site to be used in connection with any of the foregoing prohibited activities.
Other than set forth explicitly in this Section 2, no other licenses or rights are granted to you by implication or otherwise, including in or to any intellectual property rights owned or controlled by us or our licensors.
3. Use of Information and Errors:
The Content displayed on the Site is provided for informational purposes only, unless otherwise stated. Product/service description errors or inaccuracies may occur. WorkJam reserves the right (i) to correct any such errors, at its sole discretion, at any time and without prior notice, and (ii) to refuse, cancel or correct any order containing such price or description errors or inaccuracies.
5. Warranties, Disclaimers and Limitation of Liability:
THE SITE, CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, WORKJAM DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND WEBSITES OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WORKJAM OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT WORKJAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100. WORKJAM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE AND WEBSITES, AND WORKJAM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. WORKJAM WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.
6. Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 5. Accordingly, some of the above limitations may not apply to you. If you are a resident of any U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in Section 5 specifically do apply to you.
8. Third-Party Links and Websites:
The Site may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. WorkJam is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that WorkJam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
10. Dispute Resolution:
You acknowledge and agree that any dispute that may arise between you and WorkJam in respect of these Terms, the Site and any use of the Site shall be resolved by the provincial and federal courts and tribunals sitting in the judicial district of Montréal in the province of Québec, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
11. General Terms:
11.1 Governing Law.
These Terms shall be construed in accordance with and governed by the laws of the Province of Quebec, Canada, notwithstanding its conflicts of law principles.
11.2 Force Majeure.
Under no circumstances shall WorkJam or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
11.3 No Waiver.
No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of WorkJam to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
11.4 Third-Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
11.5 Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and WorkJam, govern your use of the Site, and supersede any prior agreements between you and WorkJam on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by WorkJam without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of WorkJam. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Site for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
We may deliver a notice to you by e-mail, posting a notice on the Site or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) WorkJam, Inc., 740 Notre-Dame O., Suite 405, Montréal, Qc, H3C 3X6, Canada Attention: Legal Department; or (2) email@example.com.