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Tool User Agreement
Terms of Service
Please review carefully the following terms and conditions for admission into the MyWorkTools.com Inc. service, and then, if you agree with the terms and conditions of the user agreement, signify your agreement and acceptance by clicking the button labeled "accept".
- Scope and Definitions: This Agreement establishes the terms by which MyWorkTools.com Inc., a California Corporation, will provide you with access to the MyWorkTools.com Inc. Internet service. If you accept the terms of this Agreement you will be entering into a contractual relationship solely with MyWorkTools.com Inc. and not with any other organization.
As used herein the following terms shall have the following meanings:
"MyWorkTools.com Inc" means MyWorkTools.com Inc. its assignees, licensees, successors and/or the MyWorkTools.com Inc. service operated by MyWorkTools.com Inc. or its affiliates;
"Content" means information, communications, software, digital tools, templates, Web based applications, "how to" business content, photos, video, graphics, music, sounds and other material and services, collectively;
"User" means the individual or other person who is registering for access to MyWorkTools.com Inc. under the terms of this Agreement;
"Agreement" means all of the terms and conditions set out in this Agreement and the Online Conduct Policy (all of such terms hereinafter referred to collectively as the "Terms of Service"), which may be amended by MyWorkTools.com Inc. from time to time and are subject to change by MyWorkTools.com Inc. at any time.
- Usage/Registration: By using/registering, the User accepts all of the terms of these Terms of Service and the privacy policy. The User's use of MyWorkTools.com Inc. will constitute the User's acceptance of all of such Terms of Service. If you do not agree to these Terms of Service, please do not register for MyWorkTools.com Inc. The Terms of Service for your continued use of MyWorkTools.com Inc. will be available through a link at the bottom of each page. Please check this area before using MyWorkTools.com Inc. whenever a change has been indicated. Changes to these Terms of Service posted on our home page are an effective notice to the User of the changes in such terms and conditions.
If you do not agree to these changes in the Terms of Service as they may occur please arrange to terminate your registration with MyWorkTools.com Inc. immediately (i) by notifying MyWorkTools.com Inc. of your unwillingness to accept the changes to the Terms of Service and (ii) by discontinuing your use of MyWorkTools.com Inc. Your continued use of MyWorkTools.com Inc. after such changes in the Terms of Service will signify your acceptance of the changes in the terms and conditions.
- Registration Accuracy: By the User's registration through the on-line registration process, the User verifies that the information provided is accurate and correct to the best of the User's knowledge.
- Archiving: MyWorkTools.com Inc. will maintain a record of your acceptance of these terms and conditions. You will not be asked to review this agreement every time you sign on, but you should understand that your use of MyWorkTools.com Inc. will, at all times, be subject to and pursuant to this agreement. You may review this agreement at any time by clicking on "User Agreement" from MyWorkTools.com Inc.'s home page.
- Limitations: The User hereby acknowledges that the User is entering into a contractual relationship solely with MyWorkTools.com Inc. and not with the business service providers affiliated with our services.
- General Provisions
- Use of MyWorkTools.com Inc. is licensed, not sold, to Users for use only under the terms contained herein, and MyWorkTools.com Inc. reserves any rights not expressly granted to Users. The User acknowledges that the User may not sublicense, transfer, sell or assign this license. Any attempt to sublicense, transfer, sell or assign the license is void and may give rise to civil and/or criminal liability for misappropriation.
- In connection with the registration of the User that is accepted by MyWorkTools.com Inc., MyWorkTools.com Inc. will issue to the User an account with MyWorkTools.com Inc. relating to the users' use of MyWorkTools.com Inc. Only the User shall be permitted to use MyWorkTools.com Inc. Any use of MyWorkTools.com Inc. by a third party (e.g. friend, colleague) shall be deemed to be a violation of these Terms of Service, and MyWorkTools.com Inc. at its sole discretion, may terminate these Terms of Service and access to MyWorkTools.com Inc. with respect to the User that permitted such third-party use. All provisions of the Terms of Service apply to all accounts, sub-accounts, and alternate aliases associated with the User's account. Each User is responsible for the use of his or her account(s) under any alias on that account, and for ensuring full compliance by the user of that account with these Terms of Service.
- The User is responsible for obtaining and maintaining all equipment necessary to connect to MyWorkTools.com Inc. The User is also required to provide his or her own Internet access through an Internet Access Provider and a World Wide Web Browser supporting HTML 2.0.
- The User agrees to use MyWorkTools.com Inc. in a manner consistent with any and all applicable laws and regulations.
- MyWorkTools.com Inc. may use or disclose certain information regarding the User, which use or disclosure shall be limited as set forth in the Privacy Policy. The User may restrict MyWorkTools.com Inc.'s use or disclosure of all information regarding the User except that information provided by the User to MyWorkTools.com Inc. in connection with the User's registration for MyWorkTools.com Inc. In addition, information regarding a User's credit card number(s) and bank account number(s) which the User supplies to MyWorkTools.com Inc. will be used or disclosed only for the purposes for which such information was collected, or as required by law. The Users' addresses, phone numbers and other relevant information will be provided to information providers, service providers and merchants for the purposes for which such information was collected.
- No User shall use any other User's information, personal or otherwise, for any commercial purpose or to obtain financial gain (e.g., mass marketing). Any such use shall be deemed to be a violation of these Terms of Service; and MyWorkTools.com Inc., at its sole discretion, may terminate these Terms of Service and access to MyWorkTools.com Inc. with respect to any User that uses such information for a commercial purpose or to obtain direct financial gain.
- Fees: User agrees to pay all fees for the MyWorkTools.com Inc. services they use.
- Period of Service: Access to MyWorkTools.com Inc. will become effective upon the User's registration for MyWorkTools.com Inc. and MyWorkTools.com Inc.'s acceptance of this registration. The User's access to MyWorkTools.com Inc. will continue until terminated as described elsewhere in these Terms of Service.
- Termination:
- This license and the right to access MyWorkTools.com Inc. will terminate upon termination of these Terms of Service.
- These terms of service and a user's access to, and use of, MyWorkTools.com Inc., may be terminated at any time, and without cause, by the user of receipt of actual notice to MyWorkTools.com Inc. The User is liable for any charges incurred until the effective date of such termination. Termination of these Terms of Service by MyWorkTools.com Inc. will be effective on the day that MyWorkTools.com Inc. gives Notice of such termination to the User by email or otherwise.
- MyWorkTools.com Inc. reserves the right, at its sole discretion, to immediately, without notice suspend or terminate these Terms of Service and a User's access to and use of MyWorkTools.com Inc. upon any breach of the Terms of Service by the User.
- Proprietary Rights:
- The User hereby acknowledges the following:
- MyWorkTools.com Inc. permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights");
- These rights are valid and protected in all media and technologies existing now or later developed; and
- Except as explicitly provided otherwise, the Terms of Service and applicable copyright and other laws govern Users use of such Content. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software or any other Content on the service is not protected by Rights rests with the User. The User acknowledges that MyWorkTools.com Inc. and/or third-party Content providers remain the owners of the posted materials (other than the Content described below), and that the User does not acquire any of those ownership rights by downloading copyrighted materials.
- By submitting Content to any "public area" of MyWorkTools.com Inc. (e.g., message boards, forums, member profiles, yellow pages, job folder), you grant MyWorkTools.com Inc and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license, subject to the privacy restrictions set forth in the section entitled "Privacy", to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on MyWorkTools.com Inc. retains any and all Rights that may exist in such Content.
- Third-Party Services:
- The User may order services or merchandise through the MyWorkTools.com Inc. service from other persons not affiliated with MyWorkTools.com Inc. ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and the User. MyWorkTools.com Inc. makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. The User will not consider MyWorkTools.com Inc. nor will MyWorkTools.com Inc. be construed as a party to such transactions, whether or not MyWorkTools.com Inc. may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, the User or any other person involved or related to the transaction.
- MyWorkTools.com Inc. may include special routing icons which may be located within MyWorkTools.com Inc., the activation of which will allow the User to access and learn more about MyWorkTools.com Inc. and other services provided by MyWorkTools.com Inc. its affiliates, or other persons. When the User accesses any of these services, the User's rights and obligations will be governed by the agreements and policies relating to the use of the services.
- MyWorkTools.com Inc. provides its services on an as-is basis, without warranty of any kind, express or implied, including, without limitation, any warrant for information, services or products provided through or in connection with MyWorkTools.com Inc. MyWorkTools.com Inc. specifically disclaims
- Any warranty of merchantability or fitness, where applicable, and
- Any warranties concerning the availability, accuracy or content of information, products or services. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- MyWorkTools.com Inc. acknowledges that its Users will be posting personal information on MyWorkTools.com Inc. and hereby disclaims any responsibility for the use or misuse of such information by a User that violates any law or the personal privacy of any other User.
- MyWorkTools.com Inc. is not the publisher or author of any works posted by Users. MyWorkTools.com Inc. disclaims all copyright and other rights in such works and all responsibility for them. MyWorkTools.com Inc. will archive postings for the purpose of providing useful or important information to its members on an ongoing basis. Such archives will also be used to minimize system downtime in the event of a malfunction. By posting on MyWorkTools.com Inc., you are giving us permission to copy and/or store your postings for these purposes.
- MyWorkTools.com Inc. cannot promise, and will not be deemed to promise that its hardware or software will function flawlessly. MyWorkTools.com Inc. fully intends to keep its system functional at all times. However, in the event that, due to circumstances beyond MyWorkTools.com Inc.'s control, MyWorkTools.com Inc.'s services malfunction or become unavailable to all or some members, MyWorkTools.com Inc. will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from such unavailability or malfunction, except that MyWorkTools.com Inc. may, in its sole discretion, choose to credit members' accounts for such interruptions of service.
- If you download any software or otherwise executable files from MyWorkTools.com Inc., MyWorkTools.com Inc. is not responsible for any direct, consequential or incidental damages caused by such software or files.
- MyWorkTools.com Inc. is not responsible for the Content on the Internet or World Wide Web pages that is contained outside MyWorkTools.com Inc.'s site. As a convenience to our members, MyWorkTools.com Inc. provides links to many resources, which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you may have against MyWorkTools.com Inc. with respect to such sites.
- MyWorkTools.com Inc. provides, or provides access to, tools or information that may contain common fact, opinion, or new and unique ideas. MyWorkTools.com Inc. accepts no responsibility for any consequences arising from use of the tools or information provided. The user of these tools or information agrees to do so at their own risk, pursuant to the MyWorkTools.com Inc. indemnity clause. MYWORKTOOLS.COM INC. DOES NOT RENDER LEGAL ADVICE OR COUNSEL TO ITS USERS. ALTHOUGH WE ENDEAVOR TO MAINTAIN THE MOST ACCURATE AND UP-TO-DATE INFORMATION, THE LAW CHANGES FREQUENTLY AND SOME TOOLS MAY NOT BE CURRENT OR ACCURATE. IN OTHER INSTANCES, A TOOL MAY NOT BE APPLICABLE IN YOUR LOCAL JURISDICTION. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY AS TO ALL LEGAL MATTERS. YOU FURTHER AGREE TO HOLD MYWORKTOOLS.COM INC. HARMLESS FROM ANY AND ALL DAMAGES, LIABILITIES, LOSSES, EXPENSES OR COSTS, WHICH MAY ARISE FROM USE OF ITS TOOLS.
- INDEMNITY:
At MyWorkTools.com Inc.'s request, the User agrees to defend, indemnify and to hold harmless MyWorkTools.com Inc. its officers, directors, shareholders, and employees from any claims arising from the User's use of MyWorkTools.com Inc. or the User's breach of the Terms of Service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud. The User agrees to hold MyWorkTools.com Inc. harmless from any claims and expenses, including reasonable attorney's fees, litigation expenses and court costs, related to User's violation of the Terms of Service, including any information, software or other Content placed on MyWorkTools.com Inc. by the User.
NORMAL SYSTEM MAINTENANCE TIMES: Occasionally MyWorkTools.com Inc. will not be available for use by Users. Although MyWorkTools.com Inc.'s policy is to minimize the amount of time its may spend upgrading and maintaining MyWorkTools.com Inc., MyWorkTools.com Inc. reserves the right to take MyWorkTools.com Inc. down at any time.
- OTHER PROVISIONS:
- SEVERABILITY: THE PROVISIONS OF THIS AGREEMENT ARE HEREBY DECLARED TO BE SEVERABLE. In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
- Governing Jurisdiction: The Terms of Service will be interpreted, construed and enforced in all respects in accordance with the laws of the State of California (without regard to provisions of conflicts of laws). Each party irrevocably consents to the jurisdiction of the courts of California, and the federal courts situated in California in connection with any action to enforce the provisions of the Terms of Service, to recover damages or other relief for breach or default under the Terms of Service, or otherwise arising under or by reason of the Terms of Service.
- Written Communication: Notices to be provided under the terms of these Terms of Service will, except as otherwise expressly provided herein, be delivered by either party hereto by certified mail return receipt requested, or MyWorkTools.com Inc. may deliver such notice by e-mail through MyWorkTools.com Inc. All such notices will be deemed delivered when the notice is placed in the U.S. Mail, or in the case of an email by MyWorkTools.com Inc. upon the User's accessing MyWorkTools.com Inc.
- NON-WAIVER: The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
- ASSIGNMENT: MyWorkTools.com Inc. may assign its rights and obligations under these Terms of Service and upon such assignment MyWorkTools.com Inc. will be relieved of any further obligation hereunder. THE USER HEREBY CONSENTS TO SUCH ASSIGNMENT AT THE SOLE DISCRETION OF MYWORKTOOLS.COM INC.
- Contract Authority: The User represents to MyWorkTools.com Inc. that the User has the authority to accept MyWorkTools.com Inc. according to these Terms of Service.
- ENTIRE AGREEMENT: These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of MyWorkTools.com Inc. be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
The User is responsible for all expenses incurred to connect to MyWorkTools.com Inc. including all Internet access charges and telephone charges for connecting with or using MyWorkTools.com Inc.
- Policy of Fees: MyWorkTools.com Inc. reserves the right to change its posted schedule of fees, surcharges and/or membership dues at any time at its sole and absolute discretion upon posting notice of such changes to the site.
- Payment Method Accountability: The User may not place orders, or attempt to pay for MyWorkTools.com Inc. using any expired, false or unauthorized credit card, or false or unauthorized bank or financial institution information. The user must promptly inform MyWorkTools.com Inc. of any changes in the credit card, bank, financial institution, user's billing address and/or breaches of security such as loss, theft, or unauthorized disclosure of use of a credit card, bank or financial institution account, ID, or password.
- User Responsibility: Until MyWorkTools.com Inc. receives actual notice of a breach of security; the User will remain liable for any unauthorized use of their MyWorkTools.com Inc. account. The User is responsible for all charges at the time the service is used.
- Account Status: MyWorkTools.com Inc. reserves the right to suspend access to MyWorkTools.com Inc. for the User's account(s) immediately, without Notice, upon rejection of any credit card charges, non-payment by the User's bank or financial institution of authorized charges or any other indication of credit problems.
- ONLINE CONDUCT POLICIES: These online conduct policies (collectively, the "Online Conduct Policy") are complementary to and are incorporated as part of the Terms of Service of the Agreement. Definitions used in the Agreement are incorporated herein, as applicable. The User's use of MyWorkTools.com Inc. will be governed by the following rules of conduct:
- User Guidelines: Any action by a User that, in MyWorkTools.com Inc.'s sole opinion, restricts or inhibits other Users from using and enjoying MyWorkTools.com Inc. (such as but not limited to, the use of vulgar, profane or otherwise offensive language; inappropriate aliases; committing or discussing with the intention to commit illegal activities) is strictly prohibited. The User specifically agrees not to submit, publish, or display on MyWorkTools.com Inc. any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material; nor will the User encourage the use of controlled substances. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of the Terms of Service. The User specifically agrees not to upload, post or reproduce in any manner any materials protected by copyright without the permission of the copyright owner.
- Hold Harmless: The User specifically agrees to indemnify MyWorkTools.com Inc. for any losses, costs, or damages, including reasonable attorneys' fees and litigation expenses incurred by MyWorkTools.com Inc. and relating to, or arising out of, any breach of this Online Conduct Policy or other Terms of Service by the User.
- Eligibility: This MyWorkTools.com Inc. service is to be used by the User for his/her personal use only. Commercial uses of MyWorkTools.com Inc. other than the use of bulletin boards, which may be made available for legal and appropriate messages, are strictly prohibited unless prior written consent from MyWorkTools.com Inc. has been granted.
- Sole Discretion: MyWorkTools.com Inc., at its sole discretion, may remove messages deemed to be unacceptable or in violation of the Terms of Service. MyWorkTools.com Inc. at its sole discretion, further reserve the right to immediately terminate, without Notice, a User who misuses any of the public areas of MyWorkTools.com Inc., including, without limitation classifieds, threaded discussions or chat.
- Reservation of Rights: MyWorkTools.com Inc., at its sole discretion, reserves the right to immediately terminate, without Notice, a User who misuses the real-time conference (or chat) areas or violates the Terms of Service.
- Vulgarity/Profanity and Offensive Language: The MyWorkTools.com Inc. service is a community-oriented service. As such, our goal is to provide a useful and enjoyable place for all Users. Using vulgar, profane or offensive language is not allowed in public areas such as public chat rooms, classifieds, or discussion folders. Use your best judgment. If you use vulgar, profane or offensive language online, even if masked by symbols or other characters, your access may be terminated without notice.
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