Welcome to work/REFINED, a resource for your People and Culture needs. We (aka work/REFINED, LLC) created these Terms of Service ("Terms") to protect you and your team. By accessing or using theworkrefined.com (the “Site”), you agree to these Terms.
By using the Site you affirm that you are 18 years of age or the applicable age of majority. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. If you register and subscribe for any services offered through the Site, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share any password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person's rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to the Site. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD. Your use of the Site is subject to all applicable policies which we may provide from time to time at https://theworkrefined.com/privacy-policy and/or https://theworkrefined.com/terms-and-conditions (hereinafter collectively referred to as "the Policies") and you agree to comply with the Policies. You assume all risk associated with use of the Site and each user does so at his/her own risk and is responsible for compliance with applicable local laws.
2. Grant of a Limited License to Use the Site
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Site solely for non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the Site. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title, or interest is transferred to you.
3. User Conduct
Please help keep the Site as safe as possible for all users. By using the Site, it is your responsibility to know, understand, and abide by our rules of use. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Site and to take such responsive measures as we see fit. We reserve the right to add to or amend this list of rules at any time. Accordingly, you agree not to use the Site to: (i) violate any local, state, national, or international law or regulation; (ii) post, email, transmit, upload or otherwise make available content of any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially or ethnically discriminatory, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on the Site; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below); (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
4. Ownership; Restrictions On Use
All right, title, and interest in and to the Site are and will remain the exclusive property of work/REFINED, LLC and its licensors. All Content on the Site, including without limitation, text, software, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the "work/REFINED" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to work/REFINED, LLC and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. By registering for the Site, you acknowledge and agree that the Site is for personal use only. You may not copy or otherwise duplicate information from the Site for any use whatsoever, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content as made available through the Site only in geographic locations where we offer the Site and have licensed such Content. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
5. Content Availability
The Site provides its users with access to Content streamed through the Internet to certain devices. The availability of this Content may change from time to time, and from geographic territory to territory, for a number of reasons (including available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on the Site for any period of time. Mobile Networks. If you access the Site through a mobile network, your network or roaming provider’s messaging, data, and other rates and fees will apply. Downloading, installing, or using certain the Site features may be prohibited or restricted by your network provider and not all the Site features may work with your network provider or device.
Your right to use the Site automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Site. We reserve the right, in our sole and absolute discretion, to terminate your access to all or part of the Site, for any reason, with or without notice.
7. Links or Third Party Applications/Devices Links.
The Site may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by us. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such
other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION. Devices.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WORK/REFINED, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any websites linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site or the Content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any Content made available on or through the Site.
9. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WORK/REFINED, LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE ELSE'S) USE OF THE SITE.
10. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent work/REFINED, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless work/REFINED, LLC, its subsidiaries, affiliates, officers, directors, employees, consultants, co-branders, other partners, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, any Content) you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account's) use of the Site; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with work/REFINED, LLC in asserting any available defenses.
These Terms shall be construed and enforced in accordance with the laws of the State of Texas without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action, or dispute you have with us arising from or relating to these Terms or the Site exclusively in a state or federal court located in Dallas County, Texas. You agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas for the purpose of litigation of all such claims or causes of action. In exchange for your agreement to litigate all matters in state or federal court located in Dallas County, Texas, work/REFINED hereby agrees to participate in non-binding, pre-litigation mediation of any dispute; provided, however, such mediation occur in Dallas County, Texas before a mutually agreeable licensed attorney certified by the State of Texas as a mediator.
By using the Site, you agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
Entire Agreement. These Terms, together with any other rules or guidelines posted in connection with the Site constitute the entire and exclusive and final statement of the agreement between you and us with respect to the Site and supersedes any prior agreements, oral or written, between you and work/REFINED, LLC. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms outlined herein which, by their nature, require them to survive termination of your use of the Site, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Site.
Assignment. These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without consent from you. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable). The email address for notices being sent to work/REFINED, LLC is firstname.lastname@example.org.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Compliance with Third Party Regulations: You must comply with applicable third party terms of agreement when using the Site.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail, or postings on the Site; provided, however, that this Section places no requirements on work/REFINED, LLC not already expressly set forth herein.
16. Modifications to Service
We may, in our sole and absolute discretion, change these Terms temporarily or permanently with or without notice. Your continued use of the Site constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the Site. You agree that work/REFINED, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
17. Our Proprietary Rights
All title, ownership, and intellectual property rights in and to the Site are owned by work/REFINED, LLC or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by work/REFINED, LLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part.
Please report any violations of the Terms to email@example.com. You also may contact work/REFINED, LLC at 4925 Greenville Ave., Suite 200, Dallas, Texas 75206.
Last updated: December 21, 2020