Terms of Use
Workmatch Platform Terms of Use
By accessing or using our services, you agree to comply with and be bound by these Terms of Use. Please read them carefully before using our website or services.
Introduction
This User Agreement ("Agreement") is a binding agreement between you – or if the end user is under the applicable age of legal majority as defined in such end user's state of residence, on behalf of such minor end user as the parent or legal guardian to the end user – as the case may be (collectively, "End User", "you", or "your") and IribaMaps Inc. d/b/a WorkMatch ("Company" or "We" or "Our").
This Agreement governs your access to and use of the Workmatch platform, whether accessible by our website located at www.workmatch.com, the Workmatch app, or otherwise (the "Platform"), including all content available within the Platform (the "Content"), and all services provided on, through, or within the Platform (the "Services"). The term "Platform" when used throughout this Agreement and any reference to the "Platform" in this Agreement includes not only the Platform but also the Content and the Services.
Please read this Agreement carefully before you start to use the Platform. By consenting to this Agreement or by accessing or using the Platform, you (and, if you are under the applicable age of legal majority, your parent or guardian on your behalf): (a) acknowledge that you have read and understand this Agreement; (b) represent that you are of legal age to enter into a binding agreement (or, if applicable, you are the parent or legal guardian of an End User who is under the applicable age of legal majority in your state of residence, and you have the right, authority, and legal capacity to enter into this Agreement on behalf of such minor End User); and (c) accept this Agreement and agree that you are legally bound by its terms.
The Platform is not intended for children under 16 years of age. If YOU ARE NOT AT LEAST SIXTEEN (16) YEARS OF AGE, do not ACCESS OR use the Platform.
ALSO, EVEN IF YOU ARE SIXTEEN (16) YEARS OF AGE OR OLDER, IF YOU HAVE NOT REACHED THE AGE OF LEGAL MAJORITY IN YOUR STATE OF RESIDENCE, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF A PARENT OR GUARDIAN HAS NOT DONE SO ON YOUR BEHALF, DO NOT ACCESS OR USE THE PLATFORM.
FURTHER, REGARDLESS OF YOUR AGE, IF YOU (OR YOUR PARENT OR GUARDIAN ON YOUR BEHALF, AS APPLICABLE) do not agree to the terms OF THIS AGREEMENT, THEN do not ACCESS OR use the Platform.
1. Account and Account Management
Some portions of the Platform are accessible without requiring a user account. Some portions of the Platform are accessible only after obtaining a one-time-use passcode that is provided to you for logging. However, you may be required to create a user account in order to access or use some portions of the Platform or certain features or functionality of the Platform.
When creating a user account, you may be required to supply a unique username and password, and possibly other information about yourself, as requested. You are solely responsible for safeguarding and maintaining the security and confidentiality of the unique username and password you create to access your user account. You are also solely responsible for any and all actions taken under your user account or when you are logged in to the Platform (whether authorized by you or not). You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password, passcode, or other personal information. Company shall not be responsible or liable for any actions taken under your user account or when you are logged in to the Platform (whether authorized by you or not) or for any loss or unauthorized use of your username, password, or passcode. We have the right to disable any username, password, passcode, or other identifier, and any account, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of this Agreement.
If access to or use of the Platform is purchased by another party for you to use (such as your employer), the party paying for such access and/or use has the right to control access to and obtain information about such paid access and use.
2. Payment
If you purchase any of our paid access to or use of the Platform or certain features or functionality thereof, you agree to pay us all applicable fees and taxes therefor. Failure to pay the required fees and taxes will result in the termination of your paid access to and use thereof.
Additionally, you agree that we may store and continue billing your payment method (such as a credit card), including after it has expired, to avoid interruptions to your paid access and use, as well as to use to pay other access to or use of the Platform that you may purchase. If you purchase a subscription to the Platform, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. To receive a refund after you cancel your subscription, you must request a refund within seven (7) days of the billing date by emailing your request to [email protected], which provides sufficient information for us to identify the transaction.
3. License
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, nontransferable, and revocable license to access and use the Platform for your personal, non-commercial use, solely on electronic device(s) owned or otherwise controlled by you (each a "Device"), solely through your personal user account established for this Platform (if required), and strictly in accordance with the terms of this Agreement.
4. Restrictions on Use
You acknowledge that your use of the Platform is contingent upon, among other things, the representations that all information, data, material, and content (including whether or not personally identifiable) you provide or supply on, through, or within the Platform or to Company is complete, true, accurate, and not misleading, to the best of your knowledge, and that you have the right to provide and supply that same without requiring any permissions, consents, or licenses from any other party.
Additionally, you shall not:
(a) copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of part of the Platform, except (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing the Platform, and (ii) you may store files that are automatically cached by your web browser for display enhancement purposes;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform or any part thereof;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or any non-public part of the Platform or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform;
(g) violate any law, regulation, rule, or governmental order, violate any rights of another, or harass, stalk, threaten, defame, or harm another by or when accessing or using the Platform;
(h) supply or provide on, through, or within the Platform, any information, data, material, or content that is fraudulent, threatening, abusive, libelous, defamatory, or obscene, that advocates violence or unlawful activity, that advocates terrorism, that contains hate speech, or that otherwise violates any law or infringes or violates the rights of any other person or entity;
16. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES, AND ITS/THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR: (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (B) LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE ACCESS TO OR USE THEREOF (OR THE INABILITY TO ACCESS AND USE THE SAME) OR THIS AGREEMENT, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES, AND ITS/THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE ACCESS TO OR USE THEREOF OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO COMPANY FOR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
The limitations of liability in this Section 16 are part of the basis of the bargain between you and Company and shall apply to all claims of liability, even if We have been advised of the possibility of any such damage, and even if these remedies fail their essential purpose.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
17. Indemnification
You agree to indemnify, defend, and hold harmless Company and its directors, officers, shareholders, owners, employees, contractors, agents, representatives, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your access to, use, or misuse of the Platform, including but not limited to the information, data, material, or content you provide or supply on, through, or within the Platform (including User Content), and any breach of this Agreement by you.
19. Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.
22. Notices
All notices to Company required under this Agreement shall be sent to:
IribaMaps Inc.
333 East Main Street
Suite 304
Louisville, KY 40202
[email protected]
26. Governing Law
This Agreement is governed by, construed, and interpreted in accordance with the laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule of it or any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Kentucky in each case located in Louisville, Jefferson County, Kentucky. You hereby consent to the exclusive jurisdiction of such courts and expressly disclaim and waive any objection thereto, including an objection on the basis of a lack of personal jurisdiction, inconvenient venue, or improper forum.
27. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OR INTERPRETATION OF SAME, OR THE ACCESS TO OR USE OF THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
28. Entire Agreement
This Agreement, including Our Privacy Policy, constitutes the entire agreement between you and Company with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
Contact Information
To ask questions or comment about these terms of use and our practices, contact us at [email protected].