Terms of use

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY.

These Terms of Use, along with any Terms of Offer appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of or access to our websites, products and services as described herein under“ Description of offered services” (collectively, the “Services” or “Service”). Your use of the service(s) or website(s) constitutes acceptance of these Terms of use, including the Privacy policy (collectively, “TOU”).

The Service resides at the website Worklio.com (which may be referred to herein as “Worklio.com,” “Worklio,” “we,” or “us”). We may change any of the terms contained in the TOU at any time by posting the revised TOU on this website. If we revise the TOU, such revision shall be effective immediately after posting the new TOU on this site. You are responsible for periodically reviewing changes to the TOU, which you can do by clicking on the “Terms of Use” link. You agree that your continued use of the Service following any changes to the TOU and after the changes take effect will constitute your acceptance of such changes and your intention to be bound by the TOU. If you do not agree to be bound by the TOU, you may not use or access our Services.

Worklio.com is a platform

The Worklio.com platform and website Service is a communications platform for enabling small businesses to access online management of their HR administration needs. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of any applicable transactions involved.

The Services and Website described herein are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for personal, non-commercial, use only. We reserve the right to modify, refuse, suspend or discontinue the Service(s) with or without notice at any time, for any reason, and without liability. Terms related to payment of fees (if any) are specified in the applicable Terms of Offer described in materials or on the Website for the Service(s) of your choosing, and may be updated by us from time to time.

Neither the company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service or provider of any services, whether or not obtained, ordered, booked, or otherwise facilitated through the worklio.com platform. The company and its affiliates and their employees, officers, directors and agents will not be liable for any claim, injury or damage arising in connection with your use of the service or any service coordinated using the website.

When using the Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Service. When utilizing services through our Website, you opt-in to receive text messages and/or emails from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.

Services/Fees/Termination/Refunds/Returns

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.

Your Account

When you complete the registration process and/or click the “SIGN UP” button for any of our Services, you, create an account and agree to be bound by this TOU. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU on behalf of the entity, and the authority to bind the entity to this TOU. Your account allows you to participate in certain activities on the website.

To create your account, you must select a unique login name and password (“User Identification”). You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system and agree to keep this information secret. You may not reveal or share your login name or password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. If you believe your account has been accessed without your authorization, you must notify us immediately by contacting Client Services.

Your Content

YOUR CONTENT IS YOUR RESPONSIBILITY: We disclaim any responsibility related to any content of any files uploaded, stored or transmitted by you or other users. Your files are your responsibility: By uploading, storing, saving or transmitting your files, you are assuming full responsibility for the consequences of doing so. You are solely responsible for any and all conduct in entering, altering, deleting, modifying, sending or retrieving files, data, text information, screen names, graphics, photos, profiles, audiovisual clips, or any other content submitted, posted, displayed, transmitted, saved, stored or shared using your account or User Identification, including login, password and your account with us.

THIRD PARTY FEES: You may incur access or data or other fees from third parties, such as your mobile carrier or Internet provider, in connection with your use of our Services (depending upon your service plan with such entities). You consent to such upgrades and updates by using our Services, and agree that these Terms will apply to all such upgrades or updates. You are solely responsible for any such incurred third party fees.

Cancelling your service

CANCELLATION/UNINSTALL PROCEDURES:

To Cancel: You may cancel your account anytime through your online Worklio account or by calling toll-free 1-844-477-8834.

Non-Refundable: All fees charged, if any, for our Services as well as cancellation fees are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your appointment or use of the Service or a company account, or the Company’s decision to terminate your account, Service appointment, or usage of our Services for any reason whatsoever. Fees charged for insurance services may or may not be refundable depending upon the insurance providers policies. Worklio has no control over the policies of any insurance providers.

Communication: You consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time). Information regarding fees and other billing information for accounts is published in the account and/or support pages on this site, as well as in the Terms of Offer section on this site.

Confidentiality of your content: Your account data is accessible by supplying your valid login credentials and via (i) an Internet enabled computer using the website user interface, or (ii) certain software applications, including mobile device applications. Compromise of your username and/or password may compromise the security of your Worklio account data. Worklio security features include safeguards designed to protect your account data.

Security: Although we make commercially reasonable efforts to store your personal information and account data in a secure operating environment that is not accessible to unauthorized users, we cannot guarantee complete security and are not liable for the malicious or intentional acts of third parties. By using the services, you knowingly accept this risk.

PLEASE NOTE: If your Worklio account is terminated for any reason, including but not limited to non-payment, failure to comply with or violation of this TOU, discontinuation of Services by us, cancellation or any other reason, you understand, acknowledge and agree that it is our policy to automatically purge all content in your account after any such termination, cancellation.

Intellectual property rights/license

Copyright Notice. © Worklio.com, 2015. All rights reserved.

The Service, and all materials accessible through the Services, including websites, website content and information, graphics, code, images, text, illustrations, logos, audio and video files (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The Worklio.com products are protected by Copyright and Trademark law. The compilation (meaning the collection, arrangement, and assembly) of all materials related to the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material related to the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way by you. Use or modification of our Intellectual Property without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us.

DMCA Claims. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification.

If you wish to notify our Copyright Agent of a claim of copyright infringement and submit a DMCA notification, please provide written notice. Your notice must contain the following information:

1. A physical or electronic signature of the person authorized to act on behalf the copyright owner;
2. Identification or description of the copyrighted work you claim has been infringed and ownership information;
3. dentification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work, including URL, link, web address and any other identifying information;
4. Your name, address, telephone number, and email address;
5. A statement and assertion that you have a good faith belief that the use by the person you believe has infringed on your copyright is not
   authorized by the copyright owner, its agent, or the law; and
6. Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner’s behalf.

Please send your properly complete DMCA notification via email to: legal@worklio.com.

Trademarks. “Worklio,” “Worklio.com” and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates’ trademarks may be used in connection with any product or service that is not ours or our affiliates’, in any manner that is likely to cause confusion among users, or in any manner that
disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.

Your rights, responsibilities and restrictions

By using our Services:

1. License. We grant you a non-exclusive limited license only for the purpose of accessing the Service. We and our licensors/suppliers reserve the right to add additional features or functions to the platform at any time, without requesting your approval. Updates may occur automatically when you use the Service. Changes to this TOU may be made by us and will be posted on the website. Your continued use of the Services will constitute consent to the revised terms.
2. Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform for
   any reason. You may not modify the platform in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy, create derivative works or in any way transfer the platform or use the platform for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any
   Meta tags or any other “hidden text” utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us.

Illegal, unauthorized, prohibited activities or fraudulent content

This Section defines the Acceptable Use Policy (“Policy”) relating to your use of the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We reserve the right to monitor use of our Services and content at any time for any reason. Further, we reserve the right to remove objectionable information. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content.
The Company reserves the right to investigate and/or terminate your account and take all necessary steps to prevent you from using or abusing the site or our Services if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve Contractors or Workers you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service or the persons providing your requested Services. You will not:

• impersonate any person or entity
• solicit money or sexual services from any Contractors or other Service Providers act in a threatening, harassing, disparaging, or otherwise
  inappropriate manner to any Contractor, Service Provider or other person associated with the Company, including name-calling, sexual innuendos or sexual behavior, mocking, threats – verbal and non-verbal- or other inappropriate behavior
• “stalk” or otherwise harass any Contractor, Service Provider or any other individual Additionally, you MAY NOT use the Services to submit, create, share, transmit, distribute, receive, provide access to or store any files, data,
  information or material that:
• Violates a trademark, copyright, trade secret or other intellectual property rights of others or impersonates or misrepresents your affiliation with another person or entity
• Defames or violates the privacy, publicity or other personal rights of others
• Impairs the privacy of communications, accesses, scans, probes the system or network
• Contains obscene, offensive, illegal, indecent or inappropriate content or pornography
• Is fraudulent or misleading, deceptive or contains false source-identifying information, spoofing or phishing
• Breaches or circumvents security or authentication controls, or attempts to do so
• Disrupts or interferes with our functions, networks, websites or content, including overloading, viruses, planting malware or other system or network damaging activity
• May be considered threatening, abusive, hateful or promoting such views or behaviors
• Accesses or searches our network, systems or Services by any means other than publicly supported interfaces, including scraping
• Encourages conduct that would constitute a criminal offense or give rise to civil liability
• Involves deceptive or unsolicited on-line marketing, advertisements, spam or promotions
• Violates the law, including any state, federal or governmental regulation, in any manner

If you become aware of any such activities, you are obligated to immediately notify us.
We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Acceptable Use Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, authorized by you or not, shall be considered violations of this Policy by you.
We may investigate any reported violation of our policies and take any action we deem appropriate, including terminating your access to the Service and any associated content present on the Service without notice or recourse by you.
Any of the following, without limitation, would be a violation of the TOU and our policies and guidelines, and upon our determination, in our sole discretion, that you have violated our Acceptable Use Policy or engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity.
We may report any activity, backup, storage, distribution or other activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials or other third party enforcement personnel to the extent permitted by applicable federal, state and local laws. By using the Service you expressly consent to the foregoing use and disclosure and agree to hold us and our affiliates harmless for any such actions.

Indemnification

You agree to indemnify, defend and hold us harmless, as well as any parent company, subsidiaries, affiliates (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, demands, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney’s fees, arising from or in any way related to any alleged violation of this TOU by you, use of the Services by any other person through you or using your computer or your account or license, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU.

No warranty

You are using the services at your own sole risk and we are under no obligation to provide you with any support, error corrections, updates, upgrades and/or enhancements of the service.
You understand and agree that the service is provided on an “as is” and “as available” basis, with all faults. The user of this website assumes all responsibility and risk for the use of this website, the services and the internet generally.
To the fullest extent permissible by law, we and our affiliates expressly disclaim all warranties of any kind, express or implied, including but not limited to, warranties of title, or implied warranties of merchantibility or fitness for a particular purpose or any implied warranty arising from course of dealing or usage of trade. Without limiting the foregoing, neither we nor any of our affiliates, nor any of our or their owners, officers, managers, directors, licensors, employees or representatives represent or warrant (i) that the services or information or content provided through the services will fulfill any of your particular purposes or needs or meet your requirements or be accurate, complete, reliable, or fault-free; (ii) that the services will be available or will be uninterrupted, accessible, timely, or secure; (iii) that any defects will be corrected, or that the services will be free from viruses, “worms,” “trojan horses” or other harmful properties; (iv) that the services are noninfringing. We and our affiliates hereby disclaim, and you hereby waive and release us and our affiliates from, any and all obligations, liabilities, rights, claims or remedies in contract or tort arising out of or in connection with this tou or the services.

Limitation of liability

To the fullest extent permissible by law, in no event and under no circumstances shall we or any of our affiliates, or any of our or their owners, officers, managers, directors, employees, agents, representatives, information providers or licensors be liable for any indirect, incidental, special, consequential (including loss of profits, business, data, or use), punitive, exemplary or other damages (regardless of the form of action or legal theory), or whether we have been warned or informed of the possibility of such damages or whether a remedy fails of its essential
purpose, including without limitation any such action arising out of (i) use of the services by any person, including but not limited to, any damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information, (ii) any use or inability to use the service for whatever reason, including but not limited to communications failure or any other failure with transmission or delivery of any
information accessed through the service, or (iii) any goods or services discussed, purchased, obtained, or participated in, directly or indirectly, through the services, in each case, even if advised of the possibility of such damages.
To the extent some remedy is required by applicable law with respect your use of the services, your exclusive remedy regarding the services shall be the replacement of any such services or component of the services found to be defective. In no event shall our cumulative liability or our affiliates’ cumulative liability to you for any and all claims of direct damages relating to the services exceed the total amount of fees, if any, that you paid for use of the services during the one-year period preceding the claim.
The company may introduce you to third party insurance providers for the purposes of providing insurance benefits. We will not assess the suitability, legality or ability of any third party insurance provider and you expressly waive and release the company from any and all any
liability, claims or damages arising from or in any way related to the third party insurance provider. The company will not be a party to disputes, negotiations of disputes between you and such third party providers. Responsibility for the decisions you make regarding services offered via the service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the service, or in any way related to the third parties introduced to you by the service. You expressly waive and release any and all rights and benefits under section 1542 of the civil code of the state of california (or any analogous law of any other state), which reads as follows: “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, must have materially affected his settlement with the debtor.”
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or
medical matter you should consult an appropriate professional.
By using the service, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use the service.

Disputes and arbitration provision. This TOU shall be construed, enforced and determined according to the laws of the State of
Delaware without regard for choice of law provisions. All parties and/or users understand and agree that arbitrations on a class action basis against Company or its affiliates are specifically prohibited and there shall be no right or authority for any Claims to be arbitrated on a class action basis, and all users specifically waive their rights to participate in any such arbitrations on a class action basis. All parties and/or users agreeing to this TOU for any or all Services agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding
arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. Exceptions: You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim by us for injunctive relief. The arbitration proceeding shall be construed in accordance with the applicable laws of the American Arbitration Association. All Arbitration proceedings shall be held in Delaware.

All parties and/or users agreeing to this TOU agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:

• All relevant and discoverable information or data (in any form) shall be strictly limited to the dates of use by the user of the products and services offered hereunder who is requesting any such information. No discovery, including eDiscovery, shall be provided for timeframes outside the timeframe of use of the requesting party, and shall be limited to information or data that is reasonably accessible to us. All parties and users agree that these limitations are reasonable.
• All relevant and discoverable information or data (in any form) requested for such applicable dates shall be provided in the format in which it is stored or archived, and shall not be required to be provided in any other format, and no reports of any kind not used regularly in the course of business shall be requested or created/produced.
• We may request that parties and/or users cooperate in good faith regarding formulation of appropriate search terms and protocols in advance of any information or data search, including pre-search formulating of search terms, including semantic synonyms, search protocols, and post-search error sampling. Any production shall then be provided referencing such agreed protocols in lieu of individual discovery request responses.

Last Updated: December 21, 2014

As a Worklio account holder, you enjoy easy online management of Worklio services. You may cancel anytime through your online Worklio account or by calling toll-free 1-844-477-8834.

You hereby represent and warrant to us that (a) you are 18 years of age or older, (b) you will provide true, Accurate, current, and complete
information (including an accurate email address or alternate means of contacting you) in your registration for the service, and (c) that you agree to be bound by these terms.

1. Description of service

New customers may receive an incentive for activating an account with us. As an account holder, you are entitled to access HR administration services as explained in the program materials or on the program website. Some benefits may not be available in your area. Please see your program materials and/or program website for details and limitations. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion. We reserve the right to request additional information, or to cancel any account.

2. Payment terms

Payment terms (if applicable) are as specified in the Terms of Offer, explained in the program materials or on the program website. Payment terms (including the amount of fees) may be updated by us from time to time.

3. Term

The term of this Agreement will be for such period of time until the Service is canceled. You may terminate your account and this Service at any time without further obligation. To cancel, call toll-free 1-844-477-8834. If you have more than one account, each must be canceled
separately.

4. Indemnification

You agree to indemnify, defend, and hold us harmless as well as our parent company, subsidiaries, affiliates, owners, managers, officers, employees, agents and assigns, against liability related to any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any alleged violation of these Terms and Conditions by you, or any alleged violation by you of any rights of others.

5. Disclaimer of warranties and liability

The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We assume no responsibility for the accuracy, completeness, reliability or usefulness of any information or offers contained on, distributed through, or linked, downloaded or accessed from this website. Neither these terms and conditions nor any documentation furnished under it is intended to express or imply any warranty that the service will be uninterrupted, timely, or error-free. We and any parent company, subsidiaries, affiliates, owners, managers, officers, employees, agents and assigns, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits, or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental, or consequential or exemplary damages of any character, even if we are aware of the risk of such damages, that result in any way from your use of or inability to use this service. Our liability to you shall not, for any reason, exceed the sum of $10. Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above
exclusions may not apply to you.

6. Force majeure

Neither party shall be liable to the other for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

7. Entire agreement

These Terms constitute the entire agreement between the parties with respect to the Service and supersede all previous agreements, both oral and written, representations, writings and all other communications between the parties.

Last Updated: September 29, 2016