Please read this Terms of Service Agreement carefully. Your use of the Site (as defined below) constitutes your acceptance of and agreement to this Terms of Service Agreement.
This Terms of Service Agreement (the “Agreement“) is between you (“you“) and Workstory (“Workstory,” “we,” “us“) concerning your use of the Internet World Wide Web site currently located at http://www.workstory.com (together with any successor site(s) and all Services (as defined below), the “Site”).
1. Acceptance of Terms. By using the Site and accepting this Agreement, you represent and warrant to Workstory that you have the right, authority and capacity to agree to and abide by this Agreement. The Site is made available by Workstory subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time at our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
2. Jurisdictional Issues. The Site is controlled and operated by Workstory from Canada, and is not intended to subject Workstory to the laws or jurisdiction of any state, country or territory other than that of Canada. Workstory does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Canadian export controls and are responsible for any violations of such controls, including any Canadian embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
3. Description of the Services. We provide users of the Site with access to certain specialized content and services related to professionals’ resumes, including without limitation, the creation of electronic profiles, resume organization and conversion functionality, forums, video clips, photographs, graphics, images, charts, text, data, user comments, postings, messages, articles and other similar content (such content and services, collectively, the “Services”). All content and services made available through the Site that were not made available as of the “LAST UPDATED” date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.
SPECIAL NOTE REGARDING THE SERVICES: Please note that, as part of the Services, we provide certain specialized services related to the creation of an electronic profile for each individual who registers for the Site and provides resume information and for individuals for whom a resume is provided to the Site. Such profiles include enhanced features determined by Workstory (each such electronic profile, together with all of other information, video or audio clips, photographs, graphics, images, charts, text, data, comments, postings messages, articles and other similar content posted by an individual, a “Workstory”). Workstory will not screen or review any of the Workstorys to determine suitability for employment, nor will it consider any of the individuals for employment with Workstory Workstory does not act as an agent for any individual submitting his or her resume or Workstory through the Site or any company that may view an individual’s resume or Workstory through the Site, and nothing herein creates an employer-employee, agency or other relationship between Workstory and such individual. Workstory is not, and shall not be, responsible for recruiting, hiring, or any other decisions related to employment with respect to the Workstorys or any individuals using the Site.
The Site acts as a venue for individuals to create Workstorys and for certain companies to view such Workstorys. Workstory does not review, screen, edit or monitor the Workstorys or make any judgments about or selections of Workstorys or individuals. Workstory is not involved in the actual transaction between a potential employer and any individuals through the Site. Therefore, Workstory has no control over the Workstorys or the quality, truth, accuracy, reliability, completeness or timeliness of such Workstorys, or the ability of a potential employer to offer opportunities to individuals, or the ability of individuals to fill job openings, and Workstory makes no representations or warranties about any Workstory, potential employer or individual.
5. Rules of Conduct. While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 17 below.
You agree that you will not:
6. Registration; User Names and Passwords. You will be required to register with Workstory in order to access certain Services or areas of the Site. With respect to such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person, including other members of any organization for which you work or with which you are otherwise affiliated. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined in Section 11 below). You agree to immediately notify Workstory of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Forums. We and/or our third-party service provider(s) may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which you are able to post information and materials (each, a “Forum”). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY, AS WELL AS THIS AGREEMENT. PLEASE REVIEW SECTIONS 8, 9 AND 10 BELOW FOR PARTICULAR TERMS THAT ARE APPLICABLE TO YOUR USE OF THE FORUMS.
8. Information on the Site. Information made available on the Site or through a Forum (including on any Workstory) may be provided both by Workstory and by third-party visitors to the Site. Please note that Site visitors may post material or make statements on the Site or through a Forum (including on any Workstory) that are inaccurate, misleading or deceptive. Workstory neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site or through a Forum (including on any Workstory) by third parties, and Workstory is not responsible for any information or materials made available through the Site or through a Forum (including on any Workstory) or results obtained by using any such information or materials. Under no circumstances will Workstory or its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site or through a Forum (including on any Workstory) reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Workstory.
In addition, Workstory has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Site or through a Forum (including on any Workstory). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE OR THROUGH A FORUM (INCLUDING ON ANY Workstory), YOU DO SO AT YOUR OWN RISK.
9. License. For purposes of clarity, you retain ownership of any materials you submit through the Site or through a Forum (including on any Workstory) (each, a “Submission”). However, please note that we need certain rights to your Submissions to be able to make them available on the Site. As such, you grant to Workstory and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for Workstory’s business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials you submit on your Workstory, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such Workstory (for example, if you set your Workstory’s privacy setting to Exclusive or One-to-One [i.e., only available for viewing by individuals who you directly select], we will use commercially reasonable efforts to ensure that only those individuals have access to your Workstory).
10. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Workstory and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.
We offer optional premium paid services such as the Workstory Professional Plan and resume writing services. By purchasing a premium service, you agree to pay the fees associated with the product that you order. Payments will be charged when you register for the premium service and will include the premium service for the indicated period (monthly, bi-annual, or annual).You agree to pay fees during your subscription period until you cancel your subscription. Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party cancels the subscription prior to the expiration of the then-current term.
You must provide us with accurate payment information is accurate and kept up to date. If the billing information provided expires, if you do not update your payment method you authorize us to charge your designated payment method for any amounts owed. You are responsible for any uncollected charges.
Descriptions and images of, and references to, products or services on the Site do not imply Workstory’s endorsement of such products or services. Workstory reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site, including any Services, are subject to change without notice. Refunds and exchanges will be subject to Workstory’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
12. Workstory’s Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of Workstory and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Workstory to access and use the Site, you may download and view one (1) copy of any materials available on the Site to which we provide you access, on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices included on or with such materials. Except as expressly authorized herein or in advance by Workstory in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
VisualCareers, Workstory, and their respective logos are trademarks and service marks of Workstory All other trademarks or registered trademarks on the Site belong to their respective owners. The trade names, trademarks and service marks owned by Workstory, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Workstory trade names, trademarks or service marks without our express prior written consent.
13. Links. The Site may provide links to other web sites and online resources. Because Workstory has no control over such sites and resources, you acknowledge and agree that Workstory is not responsible for the availability of such external sites or resources, and Workstory neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Workstory does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Workstory shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice.
14. Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. Workstory DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
15. Limitations of Liability. Workstory, INC. WILL NOT BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, Workstory, INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY Workstory, INC. OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF Workstory, INC. FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Workstory, INC. TO ACCESS AND USE THE SITE AND SERVICES.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at [email protected] with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
16. Indemnity. You agree to defend, indemnify and hold harmless Workstory and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
17. Termination. This Agreement is effective until terminated. Workstory, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Workstory believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Workstory may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Workstory and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. In the event of a termination of this Agreement, Sections 2, 9, 12, 14 through 19 and 22 shall survive such termination.
18. Binding Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Before you take a dispute to arbitration, you must first contact us by email at [email protected] or call us at +1-571-299-2000, and give us an opportunity to attempt to resolve the dispute through discussions with you. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it through discussions with you by contacting you at the most recent address that we have on file for you. In the event that you and we cannot resolve a dispute within sixty (60) days of notification by either party, or in the event that we are unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with us, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the Commonwealth of Virginia. The arbitrator’s decision shall be based upon the substantive laws of the Commonwealth of Virginia without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Workstory from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Virginia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
19. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Workstory. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Workstory relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Workstory relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, at Workstory’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Workstory will not be responsible for failures to fulfill any obligations due to causes beyond its control.
20. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Workstory does not endorse any of the products or services listed at such sites.
21. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected] You may also contact us by writing to #300-10991 Shellbridge Way, Richmond, BC, V6X 3C6, Canada, or by calling us at +1-571-299-2000. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Workstory a notice requesting that Workstory remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Workstory a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be mailed to: Workstory #300-10991 Shellbridge Way, Richmond, BC, V6X 3C6, Canada. We suggest that you consult your legal advisor before filing a notice or counter-notice.
23. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to [email protected] Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.