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Terms and Conditions

These Terms of Service govern the use and access of the electronic services made available through the native and web-enabled mobile applications, Worker Pro. Such services and mobile application together are hereinafter collectively referred to as the “Service.” The Service is offered on behalf of the Worker Pro Inc. legal entities: Worker Pro Inc., its parent company, subsidiaries, and related companies, and all of their respective employees, agents, officers, directors, shareholders, successors, and assigns (collectively, the “Company” or “Worker Pro Inc.”). The Service is powered by a mobile platform provided by and licensed by the Company from Cloud Ten Labs, LLC. (or “Service Provider”).

 

  1. Acceptance

 

As a User who accesses the Worker Pro app (“User” or “you”), your use of or access to the Service constitutes your acceptance of this Agreement, and consent to all of the terms and conditions in these Terms of Service, and Worker Pro’s Terms and Conditions, and Worker Pro’s Privacy Policy (collectively, “Agreement”), which are available for your review at https://theworkerpro.com/terms-and-conditions and https://theworkerpro.com/privacy-policy. To the extent that there is a conflict between these Terms of Service and Worker Pro Inc.’s Terms and Conditions or Worker Pro Inc.’s Privacy Policy, the provisions in these Terms of Service shall be controlling.

 

This Agreement covers your use of the Service only. If you are a Worker Pro Inc. associate, you may also be subject to other agreements, including Employment Terms and Acknowledgements, and At-Will Employment, Dispute, and Resolution with Worker Pro Inc. (collectively, “Employment Terms”). The Service does not include (and the Agreement does not apply to): your status as an associate, application or evaluation for employment, background checks, employment history, terms of employment, wages, taxes, benefits, or job assignments; all of those matters are governed by your Employment Terms. Your use of the Service is entirely optional and is not a condition of employment. To the extent there is a conflict between these Terms of Service and any Employment Terms, the Employment Terms will govern.

 

User must be 18 years of age or over to use the Service. By accessing the Service, you certify that you are 18 years of age or older. If the Company discovers, or has any reason to suspect, that you are not at least 18, or that you have knowingly provided false information, it reserves the right to suspend or terminate your use of the Service immediately and without notice.

 

If you object to anything in this Agreement, you are not permitted to use the Service. If you do not agree to this Agreement in its entirety, stop using the Worker Pro app and the Service immediately, and uninstall Worker Pro from your device.

 

  1. Amendments

 

The Company reserves the right, in its sole and absolute discretion, to change, modify, update, add, or remove portions of these Terms of Service at any time. If the Company makes any such changes to these Terms of Service, it will provide written notice to you when the changes are posted. The new or modified terms will take effect seven days after the date they are posted. Your continued use of the Service after notification and after the expiration of the seven-day period signifies that you have read, understood, and agreed to those revised Terms of Service. You should review these Terms of Service every time you use the Service. If you do not agree to the amended terms, you must stop using the Service immediately.

 

If you decide to stop using this optional Service, your cessation of use will in no way limit your ability to seek job assignments through the Company, and all terms and conditions of any such Employment Terms will continue to remain in full effect.

 

  1. Service Only Provides a Method to Match Work; Service Provider Relationship

 

The Service is a platform for Users and individuals or companies who need temporary workers for the fulfillment of work (or “Customers”). The Company makes no representations or warranties about the suitability, reliability, fitness, timeliness, or accuracy of the labor requested and provided by Users or Customers identified through the Service, whether in public, private, or offline interactions.

 

The Service Provider developed the technology supporting the Service and licenses the platform to the Company. The relationship between the Service Provider and the Company is that of independent contractors, and neither will be deemed to be an employee, employer, agent, partner, or legal representative of the other for any purpose. Other than providing the technology supporting the Service, the Service Provider has no employment or other relationship with the Users.

 

  1. Registration and Verification

 

Subject to Worker Pro Inc.’s Employment Terms, Users who register for the Service may be subject to a vetting process before they can access the Service in full, including, but not limited to, verification of identity, drug and/or alcohol testing, background check, and verification of status proving your right to work in the United States. YOU UNDERSTAND THAT YOUR USE OF THE SERVICE IS VOLUNTARY AND IS NOT A CONDITION OF EMPLOYMENT AND THAT YOU SHOULD CONSULT WORKER PRO INC.’S EMPLOYMENT TERMS REGARDING ALL TERMS AND CONDITIONS OF YOUR PROSPECTIVE AND/OR CURRENT EMPLOYMENT.

 

Customers may be subject to a vetting process before they can register for use of the Service, including but not limited to a verification of the Customer’s identity and Employment Identification Number (“EIN”). Although the Company may perform vetting of potential Customers, it cannot confirm that each individual purporting to represent a Customer is who they claim to be and therefore, the Company cannot and does not assume any responsibility for the accuracy or reliability of identity or other information provided through the Service.

 

When interacting with Customers, you should exercise caution and common sense to protect your personal safety and property, just as you would when working with any persons whom you do not know. NEITHER THE COMPANY, THE SERVICE PROVIDER, NOR THEIR RESPECTIVE AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR CUSTOMER OF THE SERVICE AND YOU HEREBY RELEASE THE COMPANY, THE SERVICE PROVIDER, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS FROM ANY LIABILITY RELATED TO YOUR USE OF THE SERVICE. THE COMPANY, THE SERVICE PROVIDER, AND THEIR RESPECTIVE AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

 

  1. Account, Password, and Security

 

All Users must register with the Company and create an account to use the Service. Each User is the sole authorized user of their account, and each is responsible for maintaining the confidentiality of any password and account number provided by you, the Company, or the Service Provider for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account, even where your password or account are used by someone else. The Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or if you suspect any other breach of security, you will contact the Company immediately using the method specified in Section 21 of these Terms of Service.

 

  1. Public Areas; Acceptable Use and Restrictions

 

The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with Customers and other Users. You may only use such Public Areas to send and receive messages and materials that are relevant and proper to the applicable forum.

 

User understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and the Company will not be responsible for the action of any Users or Customers with respect to any information or materials posted in Public Areas.

 

Without limitation, while using the Service, you may not, and may not attempt to:

 

Harass or encourage harassment of another person;

 

Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations;

 

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or violate other rights (including privacy or publicity) of any other person;

 

Perform any activities that are misleading, malicious, discriminatory, infringing, or could expose the Company, its subsidiaries, or users of the Service to harm or liability;

 

Transmit any material or act that is hateful, threatening, abusive, tortious, defamatory, inflammatory, false, fraudulent, misleading, libelous, vulgar, obscene, pornographic (or that contains nudity), graphically or gratuitously violent, that violates anyone’s rights including intellectual property rights or proprietary rights, or is otherwise objectionable in the Company’s sole judgment;

 

Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;

 

Impersonate any person or misrepresent in any way your affiliation with a person;

 

Transmit unsolicited mass mailings, “spam,” or advertising or promotional materials (other than job listings);

 

Conduct contests, sweepstakes, or lotteries;

 

Collect or store any information about other users of the Service, other than in the normal course of using the Service for its intended purpose;

 

Transmit any virus, worm, defect, Trojan horse, or any other automated means, information, or computer code that interrupts, destroys, or limits the functionality of any computer or telecommunications equipment, or similar destructive or harmful item;

 

Use in any manner that could damage, disable, overburden, disrupt, or impair the Service, or the network(s) connected to the Company’s website or mobile app, or interfere with any other party’s use of the Service;

 

Disobey any applicable policies or regulations of networks connected to the Service;

 

Modify, adapt, translate, reverse engineer, decompile, or disassemble the Service, or otherwise attempt to discover the source code or object code of the Service;

 

Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service;

 

Use an iFrame or offer web search functionality on any website associated with the Service;

 

Frame, reformat, rent, lease, lend, sell, sublicense, or otherwise make the Service available to third-parties;

 

Create user accounts using any automated means or under false pretenses;

 

Prepare derivative works based on the Service; or

 

Remove any proprietary notices, labels, or other identifying marks on content provided through the Service.

 

  1. Termination and Suspension

 

The Company may, at any time and for no reason, in its sole discretion: (A) change, suspend, or terminate, temporarily or permanently, the Service or any part of it; or (B) restrict, suspend, or terminate, in whole or in part, your permission to access or use the Service; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Service is terminated, then: (A) this Agreement and all other then-existing agreements between you and the Company will continue to apply and be binding regarding your prior access to and use of the Service, and anything connected with, related to, or arising therefrom; and (B) the Company may continue to use and disclose your personal information in accordance with this Agreement as amended from time to time. If you breach any provision of this Agreement, you may no longer use the Service.

 

User may terminate this Agreement at any time by ceasing all use of the Service. All sections which, by their nature, should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement, including, without limitation, Sections 3 (Service Only Provides a Method to Match Work; Service Provider Relationship), 6 (Public Areas; Acceptable Use and Restrictions), 12 (Intellectual Property), 14 (Confidential Information), 15 (Disclaimers of Warranties), 16 (Limitation of Liability and Exclusive Remedy), 17 (No Incidental, Consequential or Certain Other Damages), 18 (Indemnification) and any other indemnity hereunder, 19 (Governing Law and Dispute Resolution), and 20 (Miscellaneous).

 

  1. Contact, Mobile Phone Use, and Texting

 

By providing your contact information and using the Service, User hereby affirmatively consents to the Company’s use of your contact information for calls and texts in order to perform and improve upon the Service, including, without limitation, calls or texts regarding potential jobs, jobs you have worked, and verification of hours worked. By providing your mobile phone number through the Service, you give your express prior consent, or prior express written consent, for the Service to include calling and text messaging (SMS) services (“Calling and Texting Services”), including as noted in this section. Calling and Texting Services may include calling or sending text messages from the Company, its affiliates, subsidiaries, agents, parents, the Service Provider, or any of their respective service providers.

 

User acknowledges and agrees that your consent for Calling and Texting Services means that calls and texts may be sent by the Company, its affiliates, subsidiaries, agents, parents, the Service Provider, or their respective service providers using an automatic telephone dialing system or an artificial or pre-recorded voice, including Calling and Texting Services making you aware of a Customer’s potential interest.

 

Please note that message rates, voice, and data charges from your cellular service provider may apply in connection with Calling and Texting Services. You are solely responsible for such message, voice, and data charges. If you are a Worker Pro Inc. employee who resides in California, and you incur message, voice, or data charges directly related to the Service, the Company will reimburse you for those charges. If you wish to be reimbursed for those charges, please contact your local branch.

 

You may terminate the Texting Services at any time, for any reason, by texting “STOP” 

 

If, at any time, you cancel or change your mobile telephone number, you agree to promptly notify the Company of that change so that it may update its records to avoid sending text messages to an individual that may later be assigned your telephone number. You agree to indemnify and hold harmless the Indemnified Parties (as defined below) for any and all liability, including any legal fees and expenses that the Company may incur, as a result of your failure to notify it of your cancellation or change in mobile telephone number.

 

  1. Tracking and Use of Personal and Location-Based Information (“LBI”)

 

BY LOGGING-IN TO THE WORKER PRO APP AND USING THE SERVICE, YOU HEREBY CONSENT TO THE COLLECTION OF LOCATION-BASED DATA AND GRANT THE COMPANY A PERPETUAL, IRREVOCABLE, AND UNLIMITED RIGHT AND LICENSE TO USE AND SHARE ANY SUCH LOCATION-BASED DATA COLLECTED IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING YOUR LOCATION AND PERSONAL INFORMATION. WITHOUT LIMITATION, THE COMPANY WILL USE SUCH LOCATION-BASED DATA AND PERSONAL INFORMATION AS DESCRIBED IN THE AGREEMENT TO PROVIDE THE SERVICE AND CONNECT YOU WITH ASSOCIATES OR JOBS BASED ON YOUR LOCATION. WITHOUT LIMITATION, THE COMPANY MAY SHARE SUCH LOCATION-BASED DATA AND PERSONAL INFORMATION WITH OTHER INDIVIDUALS AND ENTITIES, INCLUDING, WITHOUT LIMITATION, THE SERVICE PROVIDER, THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, AND PARENTS, AND THE COMPANY’S CUSTOMERS. YOU MAY OPT OUT OF SUCH COLLECTION, USE, AND SHARING AT ANY TIME BY LOGGING-OUT OF WORKER PRO, UNINSTALLING THE APPLICATION, AND CEASING USE OF THE SERVICE.

 

The Company may automatically collect certain information about the devices (including mobile devices) you use to access the Service, and about your use of the Service, including:

 

Usage information: Details of your use of the Service, including traffic data, location data, logs and other communication data, and the resources that you access and use on or through the Service.

 

Computer and device information: Information about your Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type, etc.), device type, device’s unique device identifier, mobile network information, and the device’s telephone number.

 

LBI: When you access the Service, the Company may collect and process information about your mobile device’s GPS location (including the latitude, longitude and/or altitude of your mobile device) and the time the location information is recorded to provide location-based information and features. Some features of the Service require your personal data in order to work, and the Company may associate location data with your device ID and other information (including personal information) it holds about you.

 

Mobile device IDs: Your mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), is the unique identifier assigned to a device by the manufacturer. If you are using the Service on a mobile device, the Company may use mobile device IDs or other persistent identifiers, instead of cookies, to recognize you. It may do this to store your preferences and track your use of the Service. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of applications, track the number of advertisements displayed, measure advertising performance, and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.

 

Your preferences: Your preferences and settings, such as time zone and language.

 

Your activity on the Service: Information about your activity on the Service, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Service, the date and time you used the Service, error logs, and other similar information.

 

For more information about how the Company collects, uses, and shares personal information and LBI, see Worker Pro Inc.’s Privacy Policy.

 

Opt-Out of LBI Tracking:

 

At any time, and for any reason, you may immediately cancel the Company’s ability to obtain LBI by ceasing use of the Service and deleting the internet history and website data within your device.

 

You can turn the location feature off within the settings of your device. NOTE THAT THIS ACTION MAY DISABLE OR REDUCE THE FUNCTIONALITY OF THE SERVICE.

 

  1. Your Information and Likeness

 

“Your Information” is defined as any information and materials you provide in connection with your registration for and use of the Service, including, without limitation, any image, personally identifying information, text, graphics, editorial data, formatting, designs, videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects that you post or transmit using the service. You are solely responsible for Your Information, and the Company acts as a passive conduit for your online distribution and publication of Your Information. The Service also hosts content relating to reviews of specific Users and Customers. Such reviews are the opinion of the party generating the content and not the opinion of the Company, and it has not verified or approved any such reviews. You agree that the Company is not liable for any reviews generated by other Users or Customers. The information and materials described in this Section, as provided by a user of the Service, is collectively referred to herein as “User Generated Content.”

 

User hereby represents and warrants to the Company that Your Information and any User Generated Content: (A) will not be false, inaccurate, incomplete, or misleading; (B) will not be fraudulent or involve the dissemination of counterfeit or stolen items; (C) will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary right, or rights of publicity or privacy; (D) will not violate any law, statute, ordinance, or regulation; (E) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (F) will not be obscene, contain child pornography, or be harmful to minors; (G) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and (H) will not create liability for the Company nor cause it to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

 

By providing Your Information or User Generated Content in connection with the Service, you hereby irrevocably grant to the Company the non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide, unrestricted, and perpetual right to use, reproduce, copy, modify, distribute, publicly display, or sell Your Information and User Generated Content.

 

  1. Other Websites

 

The Service may include links to other websites, resources, and businesses operated by independent providers or other persons (collectively, “Other Sites”). Other Sites are independent from the Company, may have different or inconsistent privacy policies or terms of use. The Company has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Company does not sponsor or endorse any Other Sites, their content, or any goods or services available through Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against the Company arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.

 

  1. Intellectual Property

 

The Company, the Service Provider, the Customers, and their respective licensors retain full ownership, intellectual property rights, and protections in all material contained in the Service including, but not limited to, all digital images, software, source code and other code, or business methods. Subject to your compliance with these Terms of Service, the Company grants to you a limited, non-sublicensable, revocable license to access and use the Service for lawful informational related purposes only. Access and use of any content, information, and related materials that may be made available through the Service is made available for your personal use. Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, modify, create derivative works from, download (other than the page caching), transfer, or sell any material contained within the Service, or use the Service other than for its intended purpose without the prior consent of the Company or the respective owner.

 

The Service may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, you may not be copy, imitate, reproduce, republish, link to, upload, post, transmit, modify, index, catalogue, mirror, or distribute in any way, in whole or in part, the Service, nor cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mine any portion of the Service or unduly burden or hinder the operation and/or functionality of any aspect of the Service, without the express prior written consent of the Company.

 

WORKER PRO, WORKER PRO INC., the Worker Pro logo, and other marks and logos appearing within the Service are registered or unregistered trademarks, trade names, or service marks owned or licensed by the Company. Other product and company names and logos appearing within the Service may be registered or unregistered trade names, trademarks, or service marks of their respective owners. Any use of the trade names, trademarks, service marks, or logos (collectively “Marks”) displayed on the Service is strictly prohibited, except as provided for below. Nothing appearing within the Service or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed within the Service.

 

Any rights not expressly granted herein are reserved by the Company, the Service Provider, the Company’s Customers, and their respective licensors.

 

  1. Digital Millennium Copyright Act (“DMCA”) Notice

 

If you believe any material in the Service infringes on a copyright you own or control, you may file a notification of infringement by calling (240) 636-3662, by emailing info@theworkerpro.com, or by mailing such notice to Worker Pro Inc., Attention: Legal Department, 2099 Montevideo Rd, Jessup, MD 20794.

 

17 U.S.C. 512(c)(3) sets forth the requirements for proper notification. However, if User knowingly misrepresents that the material or activity is infringing, you may be liable for any and all damages incurred by us as a result of the Company relying upon such misrepresentation. Also, in accordance with the DMCA, the Company has also adopted a policy of terminating, in its sole discretion, Users who are deemed to be repeat infringers, or it may limit access to the Service and/or immediately terminate the accounts of users who infringe any intellectual property rights of others.

 

  1. Confidential Information

 

User shall use best efforts to prevent unauthorized disclosure, transfer, or use of any and all of the Company’s or the Service Provider’s trade secrets, confidential and proprietary information, and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure (collectively, “Confidential Information”). Confidential Information shall be deemed to include, without limitation, technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation. You acknowledge that Confidential Information is a valuable, special, and unique asset of the Company and the Service Provider, and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify the Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information.

 

  1. Disclaimer of Warranties

 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING, WIHTOUT LIMITATION, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, PERFORMANCE, DURABILTY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPNAY AND THE SERVICE PROVIDER TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMNACE, OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE OFR OBTAINING, CONFIGURING, AND MAINTAINING ALL COPUTER HARDWARD, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICE NECESSARY FOR YOU TO USE THE SERVICE.

 

THE INTERNET IS NOT A SECURE MEDIUM, AND MAY BE SUBJECT TO INTERRUPTION, DISRUPTION, OR INADVERTENT OR DELIBERATE BREACHES OF SECURITY OR PRIVACY. User is responsible for using appropriate software to meet your particular requirements for anti-virus protection and accuracy of data and output, as well as for backing up your data independent from the Service. The Company will not be liable for any loss or damage caused by a breach of security or privacy, or for any virus, malicious code, hack, or cyber-attack that affects the Service or your computer, device, programs, or data, due to your use of the Service.

 

  1. Limitation of Liability and Exclusive Remedy

 

Without limiting the foregoing, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIAREIES, AND PARENTS, OR THE SERVICE PROVIDER’S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON, FOR ANY CALIMS PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, RELATED TO THIS AGREEMENT, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY COMPANY OR ANY AFFILIATE OR SERVICE PROVIDER OR ANY PERSON FOR WHOM THE COMPANY OR ANY AFFILIATE OR PROVIDER IS RESPONSIBLE, EXCEED TEN US DOLLARS ($10), OR ACTUAL DAMAGES SUSTAINED BY YOU FROM THE DUSE OF THE SERVICE, WHIEVER IS GREATER. User agrees that the damage exclusions in this agreement and this limitation of liability and exclusive remedy shall apply even if any remedy fails of its essential purpose. Some states and jurisdictions do not allow the exclusion of liability for certain damages, so some of the limitations above may not apply to you, in which case the Company and the Service Provider’s liability shall be limited to the maximum extent permitted by applicable law.

 

  1. No Incidental, Consequential, or Certain Other Damages

 

THE COMPANY AND THE SERVICE PROVICER WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS OR OPPORTUNITY (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNATIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, SRICT LIABILITY, OR UNDERA ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR REALTING TO THE USE OF THE SERVICE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY, THE SERVICE PROVIDER, OR ANY AFFILIATE OR PROVIDER, OR ANY PERSON FOR WHOM THE COMPANY, THE SERVICE PROVIDOR, OR ANY PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

 

The Company and the Service Provider will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by the Company to give effect to, or for any failure or delay by the Company in receiving, accessing, processing, or accepting, any communication sent to the Company by means of the Service or other form of communication, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment, or withdrawal of the Service.

 

  1. Indemnification

 

You shall indemnify, defend, and hold harmless, the Company, Service Provider, and their respective affiliates, subsidiaries, agents, employees, officers, directors, parents, contractors, and advisors (collectively, “Indemnified Parties”), from and against any and all liabilities, damages, fines, penalties, judgments, awards, losses, expenses and costs, including without limitation attorneys’ fees, in connection with any claim or demand arising out of, related to, or connected with your use of the Service or your breach of this Agreement. Without limiting the foregoing, the Indemnified Parties shall have the right to select their own counsel at your cost if they believe that there is an actual or potential conflict of interest. You may not enter into any settlement on behalf of any of the Indemnified Parties without the Indemnified Parties’ written consent. You will assist and cooperate as fully and reasonably required by the Indemnified Parties in the defense of any claim or demand.

 

  1. OTHER SITES 

 

The Services includes links to other websites, resources, and businesses operated by our Providers or other persons (collectively, “Other Sites”). Other Sites are independent from Worker Pro Inc., and may have different or inconsistent privacy policies or terms of use. Worker Pro Inc. has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Worker Pro Inc. does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Worker Pro Inc. arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.

 

  1. LINKING, FRAMING, MIRRORING, AND DATA-MINING THE SERVICES 

 

Links to the Services without the express written permission of Worker Pro Inc. are strictly prohibited. The framing, mirroring, scraping, or data mining of the Services or any of its content in any form and by any method are strictly prohibited.

 

  1. TERMINATION OF THIS AGREEMENT AND THE SERVICES

 

Worker Pro Inc. may, at any time and for any reason and in its sole discretion: (a) change, suspend, or terminate, temporarily or permanently, the Services or any part of it; or (b) restrict, suspend, or terminate, in whole or in part, your permission to access or use the Services; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Services is terminated, then: (a) this Agreement and all other then-existing agreements between Worker Pro Inc. and any persons you represent will continue to apply and be binding regarding your prior access to and use of the Services, and anything connected with, related to, or arising therefrom; and (b) Worker Pro Inc. may continue to use and disclose your personal information in accordance with the Privacy Policy as amended from time to time. If you breach any provision of this Agreement, you may no longer use the Services. All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.

 

  1. GOVERNING LAW AND DISPUTE RESOLUTION 

 

The Services are controlled by Worker Pro Inc. from Jessup, Maryland, United States of America. This Agreement, your use of the Services, and all related matters are governed solely by the laws of the state of Maryland, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

 

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules which may be found at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTG_004103&revision=latestreleased, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Jessup, Maryland, United States of America.

 

You hereby relinquish, forfeit, and give up the right to resolve any controversy or claim arising out of or relating to this Agreement by a judge and/or a jury. Notwithstanding any provision in this Agreement to the contrary, Worker Pro Inc. may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.

 

You agree that arbitration in no way limits the relief that any party may seek in the jurisdiction in which arbitration has been filed. EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Further, unless both Worker Pro Inc. and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

To the extent permitted by law, any claim or cause of action you may have arising from, connected with, or related to your use of the Services, this Agreement, or any related matters must be commenced within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary. 

 

  1. /WORKER PRO INC. BRAND, ACCOUNT AND JOB UPDATES – TEXTING SERVICE

 

By providing your contact information and using the Services, you hereby affirmatively consent to our use of your contact information for texts in order to perform and improve upon the Services. By providing your mobile phone number through the Services, you give your express prior consent, or prior express written consent, for the Services to include our text messaging (SMS) services (“Texting Services”), including as noted in this section. Texting Services may include sending text messages from Worker Pro Inc. and its Providers regarding, among other things, potential job assignments, career advancement, safety information, job matching services, alerts, surveys/voting/trivia, sweepstakes/contests and recommendations to local educational, training and volunteer opportunities.

You acknowledge and agree that your consent for Texting Services means that texts may be sent by Worker Pro Inc. or its Providers using an automatic telephone dialing system or an artificial or pre-recorded voice. Message and data rates may apply. Message frequency varies by use. Consent to receive marketing text messages is not required as a condition of purchasing goods or services.

 

Sponsor Information:

Program Name- Worker Pro Inc. Brand, Account and Job Updates

Company Name- Worker Pro Inc.

Brands Associated with Program- Worker Pro Inc., Cloud Ten Labs, LLC.

 

YOU MAY TERMINATE THE TEXTING SERVICES AT ANY TIME, FOR ANY REASON, BY TEXTING “STOP” TO 2406363662, IN WHICH CASE YOU MAY RECEIVE AN AUTO-REPLY TEXT MESSAGE CONFIRMING SUCH TERMINATION. YOU MAY ALSO TERMINATE THE TEXTING SERVICES BY CONTACTING WORKER PRO INC. AT 240-636-3662

YOU MAY ASK FOR TEXTING SERVICES SUPPORT AT ANY TIME, FOR ANY REASON, BY TEXTING “HELP” TO 2406363662, IN WHICH CASE YOU MAY RECEIVE AN AUTO-REPLY TEXT MESSAGE CONFIRMING SUCH REQUEST. YOU MAY ALSO ASK FOR SUPPORT SERVICES BY CONTACTING WORKER PRO INC AT 240-636-3662 OR THEWORKERPRO.COM/CONTACT

 

Participating Carriers: Sprint, T-Mobile, Verizon, U.S. Cellular, AT&T, Boost, Virgin, MetroPCS

*T-Mobile is not liable for delayed or undelivered messages.

 

Contact Information:

Please feel free to contact us regarding the Worker Pro Inc. Brand, Account and Job Updates program.

240-636-3662

theworkerpro.com/contact

Our Privacy Policy: https://theworkerpro.com/privacy-policy

 

 

  1. MISCELLANEOUS

 

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, such determination will not affect the validity of any other provision, and the provision in question shall be reformed to reflect the intent of the provision to the greatest extent possible.

 

Notwithstanding anything herein to the contrary, all provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable. The provisions of this Agreement will inure to the benefit of and be binding upon each of Worker Pro Inc. and the Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns, and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Worker Pro Inc., which may be withheld in Worker Pro Inc.’s discretion. Worker Pro Inc. may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

 

No consent to or waiver of, by any party, any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties. Any rights not expressly granted by this Agreement are reserved to Worker Pro Inc.

 

Worker Pro Inc. reserves the right to inform law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise related to the Services and to provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

 

  1. CONTACT US 

 

Please feel free to contact us with any comments or questions regarding the Services. You may contact us at:

 

Worker Pro Inc.

2099 Montevideo Rd

Jessup, Maryland 20794

Attn: Legal Department

(240) 636-3662

 

Last Updated: October 16, 2019