Effective Date/Last Updated: March 10, 2023
Welcome to the WorkerSpring website. Customers can access and use various Content, features, tools and associated online services using the website or mobile application (collectively, the website, the mobile application, the Content, and the online services are referred to as the “Sites”).
These Terms of Service (“Terms”) govern your access to and use of the Sites. Please read these Terms carefully before accessing or using the Sites. By using the Sites, you agree, on behalf of yourself and any company that you represent, that you have read, understood and agree to these Terms. You understand that upon accepting these Terms, you are entering into a binding contract with WorkerSpring. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND WORKERSPRING WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
We reserve the right to modify these Terms at any time so be sure to check back periodically. Material changes will be conspicuously posted on the Sites or otherwise communicated to you. All changes to these Terms will be effective immediately upon posting or communication to you. Continued access to or use of the Sites following changes to these Terms confirms that you have read, understood, and agreed to be bound by such changes.
By using the Sites, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you are at least 13 years of age and have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf. If you violate or do not agree to these Terms, then your access to and use of the Sites is unauthorized.
4. PROPRIETARY RIGHTS
The Sites incorporates certain text, information, product descriptions, illustrations, materials, designs, images, drawings, audio, video, visuals, graphics, charts, photographs, compilations, data, data bases, data sets, interfaces, icons, software, computer code, hypertext markup language (HTML), scripts, trademarks, trade dress, logos, slogans, names of products and services, and other similar items, including the features, functions, and look and feel of the Sites. (“Content”). The Sites and Content, including its design, selection, and arrangement, are the sole and exclusive property of WorkerSpring or, as applicable, its licensors. The Content and Sites are protected by certain copyright, trademark, trade dress or other intellectual property rights (“Intellectual Property Rights”) and may not be used except as expressly provided in these Terms. The Sites may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
5. USER LICENSE TO USE THE SITES
Provided you comply with these Terms, WorkerSpring grants you a limited permission (which may be revoked at any time for any reason or no reason) to access and use the Sites and to download, email, or print individual pages of the Content solely for your personal use. You may not remove any trademark, copyright or other proprietary notices contained on such pages. Any rights not expressly granted herein are reserved by WorkerSpring.
6. ACCEPTABLE USE POLICY
When you use the Sites, you agree to comply with the following Acceptable Use Policy and will not encourage or facilitate others to violate these restrictions:
a. Compliance with Laws
You agree to use the Sites and submit User-Generated Material in compliance with applicable international, federal, state or local laws, rules or regulations (“Applicable Laws”), self regulatory rules, or industry rules.
b. Truthful and honest
c. Protection of Intellectual Property Rights
You agree not to:
d. Misuse of the Site
You agree not to use the Sites, the Content or the User Generated Material to:
e. Interference with Operations of the Sites
You agree not to:
If you violate this Acceptable Use Policy, WorkerSpring may not have an adequate remedy at law and monetary compensation may not be a sufficient remedy. In that event, WorkerSpring may seek immediate injunctive relief, without the need to post bond. WorkerSpring reserves all of its statutory and common law rights against any person or entity who violates this Acceptable Use Policy and may suspend or terminate your right to use the Site for a violation of this Acceptable Use Policy.
8. Termination of and Modifications to the Site
WorkerSpring reserves the right, in its sole discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites, the Content or the User-Generated Material. The Sites, your account or the User-Generated Material may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability.
9. YOUR ACCOUNT, PASSWORD, AND SECURITY
a. Creation of Account
If you create an account with the Sites, you will need to provide a valid email address, create a password, and provide certain personal information to WorkerSpring, including your name and contact information. You agree to keep such information updated. WorkerSpring has the right to suspend or terminate your account if you fail to comply with these requirements and WorkerSpring reserves the right to refuse any and all current or future use of the Sites. If you submit the personal information of any person other than yourself in using the Sites, you warrant that you have that person’s permission to provide us with that information.
b. Security of Account
You are responsible for maintaining the confidentiality and security of your account, username, and password. You are fully responsible for all activities that occur in connection with your account or password including but not limited to use the Sites by any person who uses your account, with or without your authorization. You agree to (i) immediately notify WorkerSpring of any known or suspected unauthorized use(s) of your password or account, or breach of security, including loss, theft, or unauthorized disclosure of your password and (ii) ensure that you log out from your account at the end of each session. WorkerSpring will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with this Section 9.
10. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR THE SITE
a. Termination of Account by You
Any User-Generated Material you have Submitted using the Sites may remain in our archives and continue to be accessible by other users. We have no obligation to return any User-Generated Material you have Submitted. If you want to retain copies of that User-Generated Material, you must do so before you terminate your account.
b. Suspension or Termination of Your Account by WorkerSpring
WorkerSpring may suspend or terminate your account and/or your access to or use of the Sites for any reason, with or without prior notice to you. In such a case, you must immediately cease accessing and using your account and/or the Sites. WorkerSpring shall not be liable to you or any third party for any termination or suspension of your account or any ability to access or use the Sites. WorkerSpring has no obligation to archive or otherwise store any User-Generated Material upon suspension or termination of your Account.
11. USER-GENERATED MATERIAL
a. Nature of User-Generated Material
You may use the Sites to create, post, upload, transmit, display, publish, distribute, broadcast, or otherwise submit (collectively, “Submit”) comments, data, images, text, photos, and other content and materials, and to respond to content provided by others (collectively, “User-Generated Material”).
b. Acceptable Use
Any User-Generated Material you Submit may be publicly available via the Sites. You must maintain a polite, pleasant, and respectful environment when you Submit User-Generated Material. User-Generated Material must be relevant to the applicable topic. If you delete User-Generated Material that you have Submitted (where that option is available), you understand that it may remain in our archives and that users who have accessed that User-Generated Material may continue to have access to and use it. You agree to comply with the terms of the Acceptable Use Policy set forth in Section 5 when you Submit any User-Generated Material. You will not provide User-Generated Material that:
c. User Representations and Warranties
Each time you Submit User-Generated Material, you represent and warrant that: (i) you are the owner of or have the express written permission from the copyright owner to Submit the User-Generated Material and (ii) Your User-Generated Material will not violate these Terms or Applicable Laws.
e. Disclaimer of Responsibility for User-Generated Material
WorkerSpring does not control User-Generated Material Submitted using the Sites and disclaims any responsibility for any User-Generated Material. You are responsible for all User-Generated Material that you provide and for the legality, originality, and appropriateness of those User-Generated Material. WORKERSPRING ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE CREATION, USE, STORAGE, LOSS OR DESTRUCTION OF ANY USER-GENERATED MATERIAL.
f. Review & Removal of Material
WorkerSpring has no obligation to, but reserves the right to, monitor, review, screen, refuse to post, remove in whole or in part, modify, edit, reorganize, recategorize, and delete (at any time, for any reason, and without prior notice) any User-Generated Material in its absolute and sole discretion.
WorkerSpring, its name, trademarks, logos and all related names, logos, product and service names, designs, and slogans used on or in connection with the Sites are the sole and exclusive property of WorkerSpring. You may not be using our name, trademarks, or logos in connection with any product or service that is not under WorkerSpring’s ownership or control. WorkerSpring’s name, trademarks and logos may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits WorkerSpring. Any unauthorized use of any WorkerSpring’s name, trademark or logos, is strictly prohibited and may be prosecuted to the fullest extent of the law.
14. AS-IS; DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
WORKERSPRING EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
THE SITE OR THE CONTENT, TITLE, NONINFRINGEMENT, OR ARISING FROM COURSE OF DEALING.
WORKERSPRING DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITES. WORKERSPRING DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITES WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER MALWARE. WORKERSPRING HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR USER-GENERATED MATERIAL.
WORKERSPRING IS NOT RESPONSIBLE OR LIABLE FOR, NOR DOES WORKERSPRING REPRESENT OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE OR SOFTWARE USED TO ACCESS OR USE THE SITES, INCLUDING, WITHOUT LIMITATION, YOUR APPLICATION OR ANY WEB BROWSER, OR THE CONTINUING COMPATIBILITY OF ANY DEVICE OR SOFTWARE WITH THE SITES.
YOUR USE OF THE SITES IS AT YOUR OWN RISK. WORKERSPRING ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITES. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITES, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITES IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM WORKERSPRING OR IN ANY MANNER FROM THE SITES CREATES ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORKERSPRING, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES (EVEN IF WORKERSPRING HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE CONTENT, THE SITES, THE USER-GENERATED MATERIALS, THE PRODUCTS OR THE SUBJECT MATTER OF THIS AGREEMENT.
b. IN NO EVENT SHALL THE RELEASED PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
c. YOU AND WORKERSPRING AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND WORKERSPRING AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
d. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
e. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The consent of a parent or legal guardian is required before a minor can use the Sites. Use of the Sites by a minor is confirmation that the minor has received permission from a parent or legal guardian to use the Sites. The applicable parent or legal guardian will be responsible for any activities of a minor in connection with the Site regardless of whether or not the minor has received permission from that parent or legal guardian to use the Sites.
18. THIRD-PARTY WEBSITES
19. SOCIAL MEDIA
Links to our social media pages (e.g., Facebook, Twitter, Instagram, and LinkedIn) are included on the Sites (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on its Social Media Pages, that is not an endorsement of that third party or any product, service or company they represent.
WorkerSpring welcomes comments regarding the Sites. If you submit comments or feedback to us regarding the Sites, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
21. THIRD-PARTY BENEFICIARIES
These Terms do not confer any rights, remedies, or benefits upon any person other than you and WorkerSpring, except that our affiliates are third-party beneficiaries of these Terms.
22. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. The United Nations Convention for the International Sale of Goods does not apply.
Except with regard to disputes which are subject to arbitration under Section 23 of these Terms, venue for any other dispute arising under these Terms is exclusively in the state or federal courts located in Wilmington, Delaware and you expressly agree to the exclusive jurisdiction of those courts.
Any cause of action or other claim with respect to the Sites or must be commenced within one year after the cause of action or claim arises. WorkerSpring makes no claims or assurances that the Sites is appropriate or may be accessed, downloaded, or otherwise used outside of the United States.
23. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH WORKERSPRING ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Applicability of Arbitration Agreement
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding anything to the contrary however, you and WorkerSpring each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights or as otherwise permitted in these Terms. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before one arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with AAA rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
The place of arbitration shall be in North Carolina, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
This Arbitration Agreement provision will survive the termination of these Terms.
e. Time Limitation on Claims.
Subject to Applicable Law, any claim by you arising in connection with the Sites, the Content or your purchase of Products must be commenced by you within one (1) year of the Dispute giving rise to the claim.
f. Changes to this Agreement to Arbitrate
If WorkerSpring modifies this arbitration provision, you may reject that change by sending WorkerSpring written notice within thirty (30) days of our posting of the change, in which case we will terminate your account(s) and you must stop using the Sites.
24. NOTICE FOR INTERNATIONAL USERS
The Sites is hosted on servers located in the United States and is intended to be viewed primarily by residents of the United States. We reserve the right to host the Sites on servers located in countries other than the United States. We do not guarantee that the Sites or the sale of our Sites are permitted in any country outside of the United States.
25. COOPERATION WITH LAW ENFORCEMENT
WorkerSpring will cooperate with law enforcement if you are suspected of having violated Applicable Laws. YOU WAIVE AND HOLD WORKERSPRING HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding limitation of our liability or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Sites.
27. NOTICE & ELECTRONIC COMMUNICATIONS
All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. These Terms and any other documentation, agreements, notices, or communications between you and WorkerSpring may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that remaining portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.
b. Entire Agreement
These Terms and any applicable artwork release forms constitute the entire agreement between you and WorkerSpring with respect to your access to and use of the Site, superseding all prior agreements regarding the Site.
c. No Waiver; Force Majeure
The failure of WorkerSpring to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by WorkerSpring. WorkerSpring shall not be deemed to be in default of any provision of these Terms or for failure in performance resulting from acts or events beyond the reasonable control of WorkerSpring and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
e. Contact WorkerSpring
For purposes of providing notice of cancellation or termination or if you have any questions regarding these Terms, you can contact WorkerSpring By
Sending an email to firstname.lastname@example.org,
Sending a letter to WorkerSpring:
1000 Centregreen Way, Ste. 300
Cary, North Carolina 27513