Effective Date: January 1, 2023
Additional Terms and Conditions
Intellectual Property Rights
The Site and its contents, features, and functionality (including, but not limited to: all information, software, text, displays, images, video, and audio, and the design, selection, and the arrangement thereof) are the property of Worksome, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.
If you believe that any information on the Site violates your intellectual property rights, please contact us at firstname.lastname@example.org immediately. It is Worksome’s policy to terminate user accounts that infringe the intellectual property rights of Worksome or others. Please see our DMCA Takedown Policy for more information.
The Worksome name, logo, and all related names, logos, product and service names, designs, and slogans are the trademarks of Worksome, its affiliates, or licensors. You must not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You may not use a stylized version of any Worksome name, trademark, logo, image or product icon, or other Worksome-owned graphic or symbol without Worksome’s express written permission. You may not use a name that is confusingly similar to a Worksome product or service or create any marketing materials that suggest an affiliation with, or endorsement by Worksome. All Worksome trademarks must comply with Worksome’s trademark guidelines.
Site Use Restrictions
You may not solicit the performance of any illegal activity or other activity which infringes the rights of Worksome or others. You agree that you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, make derivative works, commercially exploit or otherwise make available any portion of the Site.
You may not use any automatic device, program, algorithm, or methodology, or similar or equivalent manual process, to access, acquire, copy, reproduce, distribute, republish, download, display, post, transmit or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Worksome reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Worksome server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site. You may not access, reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other user, including any account not owned by you or otherwise attempt to interfere with the proper working of the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Worksome’s systems or networks, or any systems or networks connected to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not transmit, or procure the sending of, any advertising, or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Access to and Use of the Site
Geographic Restrictions and Availability
We provide this Site for use by persons located in various locations. We make no claims that the Site or any of its content is accessible or appropriate for use outside of our intended markets. Some functions, features and access may be limited depending on your location and certain features, functionality or content may not be available. Access to the Site may not be legal in your country and access may not be permitted in certain other countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws.
We reserve the right to update, add, remove or amend all or part of the Site, and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Certain features on the Site may require you to open an account. You are responsible for maintaining the confidentiality of your account login details including your user name, password and the content you upload to your account. Your account is personal to you and may not be shared with others. You agree to notify Worksome immediately of any unauthorized access to your account or password. You should use caution when accessing your account from a public or shared computer. Worksome cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to the Other Sites
This Site may contain links to third-party websites. Such links are provided for your convenience. Worksome has no control over these websites and is not responsible for the content of linked websites, including any information or materials published therein.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general purposes. Worksome does not promise that the Site or any content on the Site will be free of errors or interruptions or that your use of the Site will yield specific results. We do not warrant the accuracy, completeness, or usefulness of any information stored on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.
This Site includes content provided by third parties, including content provided by other users, and third-party service providers. All content provided on the Site is solely the responsibility of the person or entity providing such contents. These materials do not necessarily reflect the opinion of Worksome. We are not responsible, or liable to you or any third party, for the accuracy of any content provided by any third parties.
Disclaimer of Warranties
WORKSOME MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SITE OR SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WORKSOME NOR ANY PERSON ASSOCIATED WITH WORKSOME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WORKSOME NOR ANYONE ASSOCIATED WITH WORKSOME REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WORKSOME OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PROVIDED BY LAW, WORKSOME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
Disclaimer of Certain Damages
To the fullest extent provided by law, in no event will Worksome or its affiliates be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the Site or such other websites, on any theory of liability including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. The limitation on liabilities set forth are a fundamental element of the basis of the bargain between Worksome and you.
Cap on liability
Except for your indemnity obligations, and your payment obligations, under no circumstances will Worksome’s total liability to you, regardless of the forum and regardless of whether any action or claim is based on contract, tort or otherwise, exceed the total amount paid by you to Worksome during the 12 months immediately preceding the claim (determined as of the date of any final judgment in any action). If you have not paid Worksome any amounts, Worksome's sole and exclusive liability to you shall be limited to fifty dollars (USD $50.00).
Exclusion of damages
No third-party liability
You acknowledge and agree that Worksome is not liable, and you agree not to seek to hold Worksome liable for the conduct of third parties, including other Worksome users, Workers, or customers, operators of external sites or other users. Worksome makes no warranty regarding the quality of any services available through the Site, or the accuracy, timeliness, truthfulness, completeness, or reliability of any user content obtained through the platform.
Worksome is not involved in the service contracts between Workers and Companies. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality of Worker services, the truth or accuracy of user content or jobs, the skill or ability of workers to perform Worker services, the ability of Companies to pay for worker services, or that worker will perform or deliver any worker services.
Limitation on Time to File Claims
Waiver of jury trial
EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING RELATING TO THE USE OF THE SITE OR RELATED TO THIS AGREEMENT. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF SUCH A SUIT, ACTION OR PROCEEDING, SEEK TO ENFORCE THE FOREGOING WAIVER AND ACKNOWLEDGES EXPRESSLY INTENDS TO BE BOUND BY THE MUTUAL WAIVERS AND CERTIFICATIONS PROVIDED HEREIN.
Waiver of class actions and collective relief
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE MEDIATED, ARBITRATED, OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS AGREEMENT AND CANNOT BE SEVERED FROM IT.