End User License Agreement

Last Revised: November 1, 2016

Terms of Service

IMPORTANT—YOU MUST BE AT LEAST 13 YEARS OLD TO USE WORKPLACEAWARE.  IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO ITS TERMS OF SERVICE FOR YOU.  IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND APPROVE THIS AGREEMENT, YOU DON’T HAVE PERMISSION TO USE WORKPLACEAWARE.

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY WORKPLACEAWARE (“WORKPLACEAWARE,” “WE” or “US”).  THIS IS A BINDING AGREEMENT BETWEEN YOU AND WORKPLACEAWARE.  BY ACCESSING OR USING THE WORKPLACEAWARE MOBILE APPLICATION, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.  IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.  IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE WORKPLACEAWARE.


Terms of Use

Welcome to WorkplaceAware.  WorkplaceAware is a mobile application-based reporting platform that helps employers and employees transmit quick, simple safety-related and facilities-related messages and/or relevant photographs to their company officials.  WorkplaceAware also allows your company’s officials to transmit both emergency and non-emergency safety-related alerts to your mobile device.  Please continue reading to learn about the rules and restrictions that govern your use of the WorkplaceAware Mobile App.  This Agreement includes the terms in this document, as well as WorkplaceAware’s Privacy Policy, http://www.workplaceaware.com/privacy-policy. 

Will these terms ever change?

We are constantly striving to improve WorkplaceAware, so we may occasionally update this Agreement as we offer new and/or improved services. When we do, we will let you know by posting a notice on the WorkplaceAware Mobile App.  If you don’t agree with the new WorkplaceAware terms, you may reject them, but unfortunately you will then no longer be able to use WorkplaceAware.  Your use of WorkplaceAware in any way following notification of a change to this Agreement constitutes your acceptance of the terms and conditions as modified.  We may suspend or discontinue any part of WorkplaceAware, or we may introduce new features, impose limits on certain features or restrict access to parts or all of WorkplaceAware at any time.  We’ll do our best to provide you notice when we make a material change to WorkplaceAware that would adversely affect you.

Privacy

We take the privacy of WorkplaceAware’s subscribers very seriously.  Please read our Privacy Policy, available at http://www.workplaceaware.com/privacy-policy.

Use by children

The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers notify parents and obtain their consent before they knowingly collect personally identifiable information online from children who are under thirteen. WorkplaceAware does not knowingly collect or solicit personally identifiable information from a child under thirteen.

If we learn we have collected personal information from a child under 13, WorkplaceAware will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at Help@WorkplaceAware.com.

Fees and payment; Responsibility for usage charges

Access to and use of WorkplaceAware is free to employees and other vendors invited by the employer.

Note that, by using WorkplaceAware, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan.  Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of WorkplaceAware.

Additional terms

This Agreement applies to all subscribers to WorkplaceAware. 

You may not subscribe to WorkplaceAware as someone you are not; WorkplaceAware may disable or terminate your account if you do.

Your company’s officials and/or administrators may be able to view your WorkplaceAware registration information and/or data generated by your use of WorkplaceAware, including your personally identifying information and any text and/or or photo you submit to WorkplaceAware.

WorkplaceAware reserves the right to unsubscribe you from WorkplaceAware in the event it or your company’s officials and/or administrators determine (in their sole discretion) that you or someone using your account is abusing or otherwise improperly using WorkplaceAware.

Registration and security

As a condition of using WorkplaceAware, you will be required to register with WorkplaceAware by providing a valid email address as your username and selecting a password. You agree to provide WorkplaceAware with accurate, complete, and updated registration information.

WorkplaceAware reserves the right to refuse or terminate any WorkplaceAware subscription at its sole discretion.  Misuse of WorkplaceAware may not only result in immediate termination of your subscription and/or revocation of your ability to use WorkplaceAware, but may also subject you to state and federal penalties and other legal consequences.  WorkplaceAware reserves the right, but will have no obligation, to investigate your use of its app in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Consent to receive periodic messages

As part of WorkplaceAware, you may receive communications through the WorkplaceAware Mobile Application, including messages via email and push notifications.  WorkplaceAware may also send other administrative messages.  By subscribing to WorkplaceAware, you agree to receive communications from WorkplaceAware, including, potentially, artificial voice recordings and/or messages or calls made using an automatic telephone dialing system. 

You agree to indemnify and hold WorkplaceAware harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to the transmission of communications from WorkplaceAware.  

To unsubscribe from WorkplaceAware and stop receiving messages, just delete the WorkplaceAware Mobile Application from your device anytime.

Content

You agree that you may only use WorkplaceAware to company-related safety and facilities-related issues that you observe.

All materials displayed on WorkplaceAware (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use WorkplaceAware for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you.

WorkplaceAware is not responsible for your use of its mobile application in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:

  1. without the express prior written consent of the respective owners, and
  2. in any way that violates anyone else’s (including WorkplaceAware’s) rights.

In the course of using the WorkplaceAware mobile app, you may provide information which may be seen and used by WorkplaceAware and/or your company’s administrators and officials.  Any items you post, upload, share, store or otherwise provide through WorkplaceAware are, together with any related intellectual property rights, your “User Submissions.”  You retain ownership of all of your User Submissions, but in order to provide you with the safety-related benefits associated with WorkplaceAware, WorkplaceAware and/or your need to access and use your User Submissions in certain ways.  You hereby grant WorkplaceAware a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable (only to an successor) right and license to use your User Submissions for any purpose related to providing and/or improving safety-related emergency and non-emergency services.  However, WorkplaceAware will only share your personally identifiable information in accordance with its current Privacy Policy, http://www.workplaceaware.com/privacy-policy/.  Because your User Submissions or portions thereof may, under certain circumstances, be shared by your company with other WorkplaceAware subscribers, you grant other WorkplaceAware subscribers a non-exclusive, worldwide, royalty -free, perpetual, irrevocable, sub-licensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of WorkplaceAware (for example, when you make a submission, your COMPANY’s administrators and/or officials will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through WorkplaceAware is the sole responsibility of the person from which such Content originated, and neither WorkplaceAware nor your employer will be liable for any errors or omissions in any Content.  Under no circumstances will WorkplaceAware be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, accessed, transmitted, or otherwise made available via WorkplaceAware.

As we explain in our Privacy Policy, http://www.workplaceaware.com/privacy-policy/, if WorkplaceAware knows or becomes aware of a security breach of its users’ personally identifiable information, WorkplaceAware will notify affected users or post a notice on its mobile application as required by applicable law(s).

Your restrictions and responsibilities

You represent and warrant to WorkplaceAware that:

  • you are at least 18 years old (or, if you are not at least 18 years old, you are at least 13 years old and have your parent’s permission to use WorkplaceAware, and your parent has read and agrees to this Agreement on your behalf);
  • all registration information you submit is accurate and truthful;
  • you will maintain the accuracy of such information;
  •  if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access WorkplaceAware and take full responsibility for the selection, use of, and access to the App.  This Agreement is void where prohibited by law, and the right to access WorkplaceAware is revoked in such jurisdictions.

You further warrant, represent and agree that you will not submit any Content or otherwise use (or encourage anyone else to use) WorkplaceAware in a manner that:

  • infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
  • violates any law, statute, ordinance or regulation;
  • is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by WorkplaceAware;
  • jeopardizes the security of your account in any way, such as allowing someone else access to your account without your permission;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • interferes with the proper working of WorkplaceAware (including by placing an unreasonable load on WorkplaceAware’s infrastructure);
  • “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • copies or stores any significant portion of the Content;
  • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to WorkplaceAware (or your employer’s use of data compiled by WorkplaceAware).

Copyright dispute policy

Under the Digital Millennium Copyright Act (the “DMCA”), online service providers such as WorkplaceAware have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

Disputes with third parties

If there is a dispute between WorkplaceAware users, or between WorkplaceAware users and your employer, you understand and agree that WorkplaceAware is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release WorkplaceAware, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.  If you are a California resident, you will and hereby do waive California Civil Code Section 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 must have materially affected his settlement with the debtor.”

Warranty and disclaimer

WorkplaceAware has no special relationship with or fiduciary duty to you. You acknowledge that WorkplaceAware has no control over, and no duty to take any action regarding: which invited users choose to subscribe to WorkplaceAware; what Content subscribers submit via WorkplaceAware; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  You release WorkplaceAware from all liability for you having acquired or not acquired Content through WorkplaceAware.  WorkplaceAware makes no representations concerning any content contained in or accessed through its mobile app, and WorkplaceAware will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through WorkplaceAware.

WorkplaceAware makes no representations or warranties regarding any Content on its App.  WorkplaceAware’s services are provided AS IS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM WORKPLACEAWARE OR ANYONE ELSE. THE WORKPLACEAWARE MOBILE APP, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold WorkplaceAware, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorney's’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of WorkplaceAware, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WORKPLACEAWARE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY:

  1. FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $2,500.00;
  2. FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
  3. FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
  4. FOR ANY MATTER BEYOND WORKPLACEAWARE’S REASONABLE CONTROL.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Termination

This Agreement will remain in full force and effect while you remain a subscriber to WorkplaceAware.  You may terminate your use of WorkplaceAware at any time by simply deleting the WorkplaceAware mobile application from your device, or by contacting us at Help@WorkplaceAware.com.  WorkplaceAware or your employer may disable or terminate your access the WorkplaceAware mobile app at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice.  Upon termination of your subscription, your right to use WorkplaceAware will immediately cease; however, WorkplaceAware may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Choice of law and waiver of jury trial

This Agreement will be governed by and construed in accordance with the laws of the State of Missouri without regard to the conflict of laws provisions thereof, unless a state’s laws explicitly require that any legal disputes are governed by the laws of that state.  Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in the Associate Circuit Court of Platte County, Missouri in Kansas City, Missouri. 

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION RELATED TO WORKPLACEAWARE OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF YOU OR WORKPLACEAWARE.  THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES’ ACCEPTANCE OF THIS AGREEMENT.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. WorkplaceAware will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WorkplaceAware’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.  If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sub-licensable by you except with WorkplaceAware’s prior written consent.  WorkplaceAware may transfer, assign or delegate this Agreement and its rights and obligations without consent.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.  This Agreement and any subsequent versions of this Agreement posted to the WorkplaceAware Mobile App will be deemed a writing signed by both parties.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind WorkplaceAware in any way whatsoever.